Bonum Certa Men Certa

Decades of 'Stupid' Software Patents, Tactlessly Granted by the USPTO, Have Caused a Flood of Invalidations and Now a 'Section 101 Day'

Courts continue to be overwhelmed by briefs and motions for invalidation of abstract patents, Judge Leonard Stark (chief of the new American 'rocket docket') admits

Chief Judge Leonard Stark



Summary: Stunning admission from Chief Judge Leonard Stark, who is coming to grips with the severity of the quality issue and is announcing/heralding a 'Section 101 Day'

QUALITY of patents is an important aspect of patent law. The quality of US patents -- or patents granted by the U.S. Patent and Trademark Office (USPTO) -- became the subject of much ridicule in recent decades. Going back to the days of 'Slashdot glory', people used to routinely shame patents over there. Companies like IBM were often forced (to save face) into conceding patents. At Sun, esteemed engineers had a game: let's see who manages to get the most stupid patent accepted by the USPTO. Admissions about these games came out after Oracle had bought Sun.



"At Sun, esteemed engineers had a game: let's see who manages to get the most stupid patent accepted by the USPTO."Just before this weekend the EFF's Joe Mullin announced the "Stupid Patent of the Month" (something he used to do a lot as a journalist). He now focuses on charlatans with fake patents that are software patents. To quote:

What if we allowed some people to patent the law and then demand money from the rest of us just for following it?

As anyone with a basic understanding of democratic principles can see, that is a terrible idea. In a democracy, elected representatives write laws that apply to everyone, ideally, based on the public interest. We shouldn’t let private parties “own” legal principles or use technical jargon to re-cast those principles as “inventions.”

But that’s exactly what the U.S. Patent Office has allowed two inventors, Nicholas Hall and Steven Eakin, to do. Last September, the government proclaimed that Hall and Eakin are the inventors of “Methods and Systems for User Opt-In to Data Privacy Agreements,” U.S. Patent No. 10,075,451.

The owner of this patent, a company called “Veripath,” is already filing lawsuits against companies that make privacy compliance software. With Congress and many states actively engaged in debates over consumer privacy laws, Veripath might soon be using this patent to extract licensing cash from U.S. companies as well.

[...]

Some background: Venpath, Inc., a company with a New York address that appears to be a virtual office, assigned the rights in the ’451 patent to VeriPath just days before the patent issued in September last year. As it happens, the FTC began enforcement proceedings against VenPath last September. The FTC’s complaint [PDF] alleged that VenPath’s website represented that “VenPath participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework.” The FTC alleged a count of “privacy misrepresentation.” It claimed that VenPath “did not complete the steps necessary to renew its participation in the EU-U.S. Privacy Shield framework after that certification expired in October 2017.” The FTC issued a Decision and Order [PDF] requiring VenPath to remove the misrepresentations.

An exhibit [PDF] attached to the complaint shows that one of the named inventors on the patent, Nick Hall, contacted Faktor to ask what its prices were. Hall identified himself as the CEO of VenPath. Once Faktor responded, Veripath sued Faktor in federal court in New York.

In its lawsuits, Veripath claims that basic warnings about cookies on websites, a now-common method of complying with the GDPR, violate its patent. The lawsuit against Faktor notes that Faktor’s own website “might not work properly” unless a user consents to having her browser accept cookies.

[...]

Even when a patent is invalid, defendants face pressure to settle. Patent litigation is expensive and it can cost tens or hundreds of thousands of dollars just to get through the early stages. To really protect innovation we have to ensure that patents like the ’451 patent are never issued in the first place. The fact that this patent was granted shows the Patent Office is failing to apply the law.

We are currently urging the public to tell the Patent Office to stop issuing abstract software patents.


"Stupid Patent of the Month" used to be announced and/or selected by Daniel Nazer, but he recently changed jobs and now works for Mozilla.

""Stupid Patent of the Month" used to be announced and/or selected by Daniel Nazer, but he recently changed jobs and now works for Mozilla."At the start of the year we promised ourselves to focus more on the European Patent Office (EPO) and GNU/Linux, mostly at the expense of USPTO coverage, unless things take a sharp turn for the worse in the US. Two months down the line, have things gotten worse? No. Not really. But the concerns expressed above (by the EFF) are not baseless because at the moment the Office continues to grant software patents -- abstract patents that oughtn't be granted. We keep seeing more and more stories about such patents being squashed in courts; sometimes we only include them in daily links without remarking/talking about them. We have to budget our time.

Here's another example: Paltalk/PeerStream case. The Patent Trial and Appeal Board (PTAB) will probably trash the underlying patents (there's an inter partes review (IPR)), based on this new press release, but the lawyers will get money for the dispute anyway. Patents on software should never be granted by the U.S. Patent and Trademark Office (USPTO) in the first place. In case the lawsuits goes forward it can take a long time (months of legal bills); it's very expensive to take this up to the Federal Circuit, and exceptionally difficult to get SCOTUS to even listen/consider. Either way, the lawyers always win. Mind this new piece from Finnegan, Henderson, Farabow, Garrett & Dunner LLP's Adriana L. Burgy and Thomas L. Irving. They try to lure clients into lawsuits, not properly informing them about the risk. There's no "Favorable Seas"; quite the contrary.

"That's just 35 U.S.C. €§ 101 in action."In the words of this new article ("'Section 101 Day' Yields Quick Ruling On Patent Eligibility"): "Sitting behind the bench at the Wilmington, Delaware, federal courthouse, Chief Judge Leonard Stark explained that his docket had become flooded with legal briefs arguing that a patent covers ineligible material..."

That's just 35 U.S.C. €§ 101 in action. Similar things happen at the Office too, but patent maximalists such as Janal Kalis look really hard (exhaustively) for the exceptions. Here's the latest one: "The PTAB Reversed an Examiner's [35 U.S.C. €§] 101 Rejection of Claims for "producing shipping labels based on information included in a shipping uniform resource identifier" But Affirmed the Examiner's 102 and non-statutory double Patenting Rejection: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2017004956-02-06-2019-1 …"

Unified Patents published a string of overnight posts last night [1, 2, 3, 4]. It's going after a bunch of software patents which are leveraged in bulk by a satellite of Qualcomm. To quote Unified Patents: "Velos claims to have and seeks to license patents allegedly essential to the HEVC / H.265 standard. The ’365 patent is part of a family of patents that were originally assigned to Qualcomm Inc. and transferred to Velos Media in 2017. After conducting an independent analysis, Unified has determined that the ‘365 patent is likely unpatentable."

They are tackling several such patents (US 8,964,849, US 9,930,365 and US 9,979,981 were named last night) and they would be wise the do the same to MPEG-LA, whose cartel is a lot broader and recently chased companies in Europe for 'protection' money, even if software patents are not valid in Europe. We'll focus on Europe in our next post.

Recent Techrights' Posts

It's Inevitable Anyway, So...
of course blame Chinese Communists for the "anti-AI" messages
Giving 'Free Publicity' to the People You Hate and Attack
Be careful what you wish for in social control media
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
SLAPP Censorship - Part 168 Out of 200: When Choosing Clients Recklessly and Poorly Self-Harm is Inevitable
"If you're doing something hard and nobody hates it, you probably aren't doing it. If the right people hate it and those people happen to be some of the worst people alive, so much the better."
 
Gemini Links 02/09/2026: Intentions, Publishing on Workstations, and Connectivity Standards Alliance (CSA)
Links for the day
GNU/Linux Reaches 6% in Nepal
Today I checked GNU/Linux in Nepal again
SLAPP Censorship - Part 169 Out of 200: Calling People "Nazis"
'Cancel culture' in action
GNU Turns 43 This Month, GNU/Linux Turns 35 Next Year
It seems like no area of computing has not been impacted by the GNU/Linux revolution
Uber Debt Grew 2.5 Billion Dollars in 3 Months, Company Lays Off at Least 10% of Workforce
The media repeats the "official" numbers
Links 02/09/2026: The Machine Stops, AuraSearch, and DOOM 1/2
Links for the day
1-1 Meetings at IBM This Week, PIPs Expected, Maybe RAs Too
As usual, we invite whistleblowers to tell us what's going on
Links 02/09/2026: Germany Blames Russia for Leipzig Airport Drone Attack and China Gains Power as US Faces Humiliation in the Midst of Presidential Cover-up
Links for the day
Quit Talking About "AI Layoffs" and Talk About How Chatbots and Other Bots Broke Recruitment Processes by Cheating
Bots talking to other bots isn't HR; it's a catastrophe
Robotics Isn't "Hey Hi", Robotics Isn't New Either
Is the official Arduino blog becoming shilling platform for Qualcomm's "hey hi" [so-called 'intelligent'] chips?
Today We'll Focus on Growth of GNU/Linux
We've meanwhile noticed that Clownflare statistics for north American nations show 19% of requests (CDN) originating from GNU/Linux
IBM Secret (or Silent) Layoffs in September 2026
We need whistleblowers
Gemini Links 02/09/2026: GAFAM's E-mail Cartel, ROOPHLOCH 2026, and Homeworlds
Links for the day
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026
FSF Staff Uses 'CoC' to Stop Conversation About Autistici/Inventati in Relation to Free Software
The list is already heavily moderated
IBM Allegedly Stopped Hiring (This Tends to Coincide With Mass Layoffs)
Is a hiring freeze an echo of layoffs? Yes, definitely.
Something Big is Happening at IBM This Week/Month
Some people at IBM (and Red Hat) are panicking
Gemini Links 01/09/2026: Biscuits, Epstein Files, Power Users, and Alhena 5.6.8
Links for the day
Links 01/09/2026: Almost 5,000 Missing/Dead in Nepal-China Flood and Marijuana Factory Explodes
Links for the day
September at IBM: Silent Layoffs on Day 1
PIPocalypse at IBM
Last Month IRC Entered Its 39th Year and It's Still Growing (New IRC Networks)
There are 511+ known IRC networks
Links 01/09/2026: Climate, Disinformation, Microsoft Overworking People
Links for the day
Richard Stallman's Site Still Offline (Third Day), But Richard Stallman is Active Online
he is busy online despite his site not being accessible so far this week
PIP Layoffs at Microsoft, Even in India
Microsoft is trying to hide the true scale of the layoffs
Layoff Trackers Are a Sham, They're Like US 'Unemployment Data'
Layoff trackers are similarly misleading as they only measure what companies openly admit and register with WARN notices
The Peculiar Case of OSNews, Which Experiments With Slopfarming
It wasn't published in error. It has been there for two months.
Russian Federation is Removing Windows From Computers
Windows is going "out of fashion"
XBox CEO Has No Clue What She is Selling
Some people believe Microsoft will parcel and offload the whole "gaming" unit to some other companies
analognowhere.com and xkcd.com Selling Physical Copies of Webcomics
That's one way to support their work
PIP/GVSA at Microsoft: Mass Layoffs Disguised as Something Else
Microsoft is trying to cheapen the workforce because the numbers don't add up
Microsoft Lunduke Uses Twitter ("X") Because It's Algorithmically Designed to Boost His Worldview/s, He Ignores What "X" Is
Maybe all those people really deserve one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 31, 2026
IRC logs for Monday, August 31, 2026
Censorship by Threats
It should be noted that the Web site of Richard Stallman will soon enter its third day of downtime
In Romania, GNU/Linux Reaches 6%, According to Clownflare
Tomorrow we'll see the latest data from statCounter (for September)
Gemini Links 01/09/2026: Denali Park Train Trip, Crafts, and Community-Building in smol.pub
Links for the day
Microsoft Workers Doing 80 Hours a Week After Microsoft Culled Their Colleagues
there are days when they work 17 hours a day (barely any time left to sleep and eat) and work starts at 5AM
IBM Defrauds Shareholders With Fake News (Bribed Press) About "Quantum"
That says a lot about the state of "Tech Giants" and also the utterly shameless state of the media
Record Highs for GNU/Linux, Especially in the United States of America
the "market share" of GNU/Linux is about 9%, still about a third of what Vista 11 stands at
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day