Bonum Certa Men Certa

The Demise of Software Patents in Patent Courts Worldwide Would Mean Much-Needed Staff Cuts in Litigation Giants

The demise of the UPC means that courts will remain software patents-hostile

Tilman Müller-Stoy
Image source



Summary: The European Patent Office and the American Patent and Trademark Office aren't managing to subject the courts to patent maximalists' demands (shown above it's Tilman Müller-Stoy from Team UPC); this means that, irrespective of whether they grant fake patents or not, such patent wouldn't get very far in legal proceedings

TECHRIGHTS has long opposed software patents in Europe (for well over a decade) and spent years promoting 35 U.S.C. €§ 101 in the US. What once seemed unaccomplishable in the US is nowadays a reality. It's just a shame that the EPO nowadays promotes software patents, thanks in part to António Campinos.



We mentioned Jonathan Rosenberg's article on Thanksgiving Day, as did some sites across the Web, e.g. this high-profile hardware site the following day, summarising: "Jonathan Rosenberg is the VP/CTO Collaboration at Cisco, SIP lead author, and a VoIP industry pioneer. He has written a blog post about the vagueness of software patents and how this has created the modern day patent troll. Patent trolls are companies that don't make a product but collect patents with the intent of using the vagueness of the descriptive language contained in the patent to "creatively" apply them to as many products as they can."

SoylentNews has just mentioned this too (earlier today). Readers told us about it.

Rosenberg himself has his name on a lot of patents (almost 100 at the USPTO), but he's not enthusiastic about it and he's in fact quite dismissive of their merit/s. we encourage sites/people/groups to spread his article widely; this can help sway public opinion.

On the other hand, Watchtroll now promotes the illusion that some ideas are "patents" and are thus "inventions"; it is a typical law firms' lie. "Moving from Idea to Patent: When Do You Have an Invention?" says the headline. As we shall show tomorrow, Watchtroll has gotten so desperate that it's attacking courts/tribunals again. These people have totally lost their minds; next they might lose their job, too. Their job depends on a lot of frivolous patent litigation; once that stops they run out of 'business' and have to get a real (productive) job.

Speaking of frivolous patent litigation, how about Tinder v Bumble? It's a laughable dispute. These are obviously fake patents that are software patents and the courts should throw these out to avoid further time-wasting. The following new article describes an abstract patent on workflow, not design per se. Why did they think Sarah Burstein was the suitable person to remark on it? She focuses on design patents (like shapes of devices), which is another thing altogether. To quote some passages:

Tinder and Bumble are sparring over the right to swipe with lawsuits on both sides claiming the other is in the wrong. Tinder’s parent company, Match, filed a lawsuit against Bumble last March on the grounds that Bumble stole their intellectual property. According to Bumble’s lawsuit, Tinder’s claim is false and designed to drive down Bumble’s worth and investment market.

Match claims that there are plenty of grounds for them to sue Bumble. The two popular dating apps are very similar by design, especially in early versions. At their core, they both show a person’s photo and a short description, and then allow the user to swipe right or left to like or dislike them, respectively. The main difference is that Bumble requires women to message first while anyone can initiate contact on Tinder.

According to Sarah Burstein, a professor at the University of Oklahoma College who focuses her research on design patents, Match has accused Bumble of nearly every type of intellectual property infringement the law allows. Match submitted a patent application for their double opt-in, swipe left/swipe right system over five years ago, about seven months before Bumble founder Whitney Wolfe left Tinder to launch the rival app.


Only the lawyers will win, as usual (legal bills, bickering over nonsense); we expect this lawsuit to go nowhere, but it will last a while... long enough for lawyers to pocket a lot of money from misguided legal action (which no doubt they encouraged/incited for).

Steph the "Troll Tracker" is back for Thanksgiving (after years of relative if not complete silence) and she writes about Honeywell, Intellectual Ventures, IP Nav, and Nest in light of more litigation:

This thing is awesome and would look particularly fetching in my front entryway, replacing the circa 1998 Honeywell electronic thermostat that hangs there now. And therein lies the rub: Honeywell doesn’t like the new player on the block and so went after Nest for patent infringement. What did Nest do? Crawled right into the arms of Intellectual Ventures for some protection . This is not wholly dissimilar from what Ditto had to do, selling out to IP Nav to get 1-800-Contacts off their back.

Oh, the irony.

Maybe this is exactly what the trolls had in mind to begin with? First, you go after everyone and their dog for patent infringement, focusing in recent years on the young and weak like startups, and then when the problem has become so rampant in the industry, you offer a “solution” which is nothing more than protection from people like yourself.


Remember that Intellectual Ventures' lawyers in Europe are pushing hard for the UPC, more so than the European Patent Office (EPO) ever did. They probably worry that the UPC's downfall would mean a lot of job cuts in their profession. They wrongly assumed that the UPC(A) would get ratified, spurring lots of patent lawsuits across the entire continent. As long as national patent courts are in tact, their chances of winning are slim to none and they cannot sue EU-wide (except in many pertinent courts that do not tolerate abstract patents).

Recent Techrights' Posts

Like GAFAM, US Telecom Industry Has Severe Debt Problem
Maybe their real problem is true profitability
Latest Example of False Marketing by Anthropic
Like Scam Altman, they're better at buying publicity (paying for hype) than they are at delivering something of genuine value [...] That has the full make-up of fake news and a publicity stunt
IBM: From RAs to "Workforce Re-balancing" (New Names for Mass Layoffs)
Well, "workforce re-balancing" means "RAs", which is a misleading acronym IBM has devised to soften if not hide mass layoffs.
Microsoft's Grip Has Slipped, Market Share Steadily Declining
This is why Microsoft is having financial issue
SLAPP Censorship - Part 60 Out of 200: Talking About Corruption at Microsoft and Arrest for Strangulation is "Malice"
At the moment Brett Wilson LLP has no new clients
The Corrupt Lecture the Non-Corrupt - Part VIII - "Red Line" When the European Patent Office (EPO) President Sleeps With Sister of "Cocaine Communication Manager" (Whom He Unconditionally Protects)
If only management took its own words (idealistic pontification) seriously
 
IBM is Already Doing 'Voluntary' Layoffs This Year in Europe ('Buyouts' Ahead of Mass Layoffs)
IBM's efforts to hide or belittle layoffs is noteworthy
Tracing Back the Misuse of the Word "Buyout" to Describe Merciless Mass Layoffs
So we can assume very large Microsoft layoffs are on the way, this time not spun as "buyouts"
Growing the List of Sites That Are Rogue
It's very important to raise and spread awareness of which ones are fake
Links 28/04/2026: Uganda Criminalising ‘Foreign Agents’ and China’s Economy "Starts to Show Cracks"
Links for the day
Anthropic and Claude Are National Security Risks Not Because of Politics But False Marketing and Vandalism, Plagiarism Sold as Innovation
The slop hype is causing severe damage
Gemini Links 28/04/2026: Misfin, ELPiS, and Developing Another Gemini Client
Links for the day
US Government Sites See More Traffic From Apple Devices Than Microsoft Windows PCs
Keep this in mind when Microsoft talks about mass layoffs while calling these "buyouts"
Layoffs Versus Buyouts
Microsoft has mass layoffs and those target the most experienced people in one of the best-paid locations
Aaron Hillel Swartz Would Have Turned 40 This Year
Aaron Swartz killed himself in 2013
The Trumps Are Making Jimmy Kimmel More Famous and Popular
Comedy has long been "controversial", but trying to get people sacked for the 'wrong' joke results in having no comedians or only pseudo-comedians who are the dictator's jester/joker
Links 28/04/2026: Microsoft's GitHub Upselling After Two Leaders Jumped Ship (Losses Pile Up), "Inflation Jumps," and More
Links for the day
IBM Laying Off Thousands of Workers Again, Based on Q1 Earnings Call
under the guise of "workforce rebalancing" we are again seeing that IBM plans to pay people (severance) to leave
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 27, 2026
IRC logs for Monday, April 27, 2026
Gemini Links 28/04/2026: Good Sunrise Viewing and Self-hosting from Home
Links for the day[1;5C
Microsoft Insiders: If You Don't Take the Lousy Severance-Like Offer, They'll PIP You Out (Microsoft Signals to People Over 40 That They'd Better Vacate the Place)
Microsoft targets its most experienced (read: expensive) workers
"AI" 16 Times in One 'Article'. The Register MS Got Paid to Post This Spammy, Promotional Piece of Slop.
Pay closer attention to who pays and who gets paid
Links 27/04/2026: Chernobyl Disaster at 40, "Heartbreaking" Decline of Australia
Links for the day
Gemini Links 27/04/2026: Gopher Catchup, MNT Reform, and Injuries
Links for the day
Red Hat Circling Down the Slop Drain
IBM, governed by slop fanatics, is going to do a lot of damage
Slop is an Addiction, Its Users Find It Addictive
please do not tolerate people who slop
The Corrupt Lecture the Non-Corrupt - Part VII - Secrecy at the EPO (Regarding Cocaine and Nepotism) Has Undermined Trust in Management
If Europe's second-largest institution is run by the "Alicante Mafia", does this mean that other key European institutions are "Mafia"?
SLAPP Censorship - Part 59 Out of 200: Mentioning the Fact Alex Graveley Arrested and Charged for Strangulation in Texas is "Reckless" and "Malicious", According to His 'Hired Guns' in London
it was framed as "malicious"
Links 27/04/2026: Strikes, Corruption in Spain (Spanish PM Sanchez' Wife), and YouTuber Faces Jail Time
Links for the day
Gemini Links 27/04/2026: Gopher Catch-up, Year of Contentment, and Path to Freedom
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026
Journalistic Malpractice: Helping Microsoft Paint 'Voluntary' Layoffs (Before PIPs) as "Buyouts"
What does this tell us about today's media?
The Man IBMers Regard or Already See as Likely Successor of Krishna (or Next CEO of IBM) is a Slop Fanatic
How dangerously misguided
The Corrupt Lecture the Non-Corrupt - Part VI - Management of the European Patent Office (EPO) Covered Up Cocaine Use, Even Colleagues Not Informed
the self-described "fu--ing president"
SLAPP Censorship - Part 58 Out of 200: 5RB and Brett Wilson LLP Helped Garrett and Graveley Make Equivalent of GAFAM NDAs Superficially 'Enforceable' in the UK, Using Threats
laziness results in many hours and high lawyers' fees
Who Controls Fedora? IBM and GAFAM.
Don't for a moment believe that IBM understands GNU/Linux. We are quite certain nobody in IBM's Board of Directors uses it.
State of Slop About GNU/Linux
As the incentive to publish is reduced (competing with slop is no fun), the effort/money invested in stories goes down
Links 26/04/2026: Korean Inflation, GLP-1 Drugs Linked to Cognitive Impairment, Lithuania's Public Broadcaster LRT Besieged
Links for the day
Hopefully Smooth Sailing in OS Upgrade
There are some contingencies at hand
Links 25/04/2026: "Horrible Economics of AI Are Starting to Come Crashing Down", More Restrictions Placed on Social Control Media
Links for the day
Getting Aggressive Suggestive of Loss - Part IV - Shutting Down My Existence
Would anyone out there tolerate such messages sent from burner accounts?
Gemini Links 26/04/2026: Gemini Movie Database (or GeminiMDB) and Star Trek III
Links for the day
Weeks Before Linux Removed Over 100,000 Lines of Code Due to Slop 'Bug Reports' Microsoft Paid 'Linux' Foundation to Advance Slop in the Name of 'Security'
What can possible go wrong? Both for security and for stability.
Tracking Ages of People
To stay "safe" tell us your age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 25, 2026
IRC logs for Saturday, April 25, 2026