Bonum Certa Men Certa

3 Months Later (and Counting) Software Patents Remain Demolished in the United States

And repeating lies (patently false assertions) won't make them true

Sun burst



Summary: The more positive atmosphere in the United States is attributable to the fact that risk of being sued over use and/or development of software declined considerably; nothing has changed at the higher tier (courts) and those who claim otherwise are simply lying to us or lying to each other

THE STATUS quo when it comes to patent law in the United States is encouraging. It's far better than it was a decade ago or even half a decade ago (years after AIA). Seeing the notable improvement, 3 months ago we stopped focusing on USPTO matters and focused instead on the EPO and older topics such as GNU/Linux. A few days later, as expected, Iancu made some silly announcement which was bound to just anger judges (as it evidently did a week ago).



"The bottom line is, patent maximalists are delusional or are intentionally lying. This is apparently the new normal; Team UPC has been doing the same thing for years."Where are we now? Well, 35 U.S.C. ۤ 101 remains in tact. SCOTUS isn't revisiting the matter (nothing like Alice since 2014), so the Federal Circuit and Patent Trial and Appeal Board (PTAB) dismiss software patents every day (unlike in Europe where courts rarely get the opportunity to do this).

Professor Lemley, whom patent trolls and maximalists love to hate (because he's influential and he constantly refutes them), has just said that "[s]aying that the law of patentable subject matter is in flux is an insult to fluxes everywhere."

It's worth noting that people who insult judges and also mock the law -- never mind the courts, the science and the academics/academia (people like Lemley) who do research into it -- are behind these claims of "flux". Then there are the Koch-funded 'academics' in incognito institutions almost wholly funded by the Koch brothers. Who should we trust?

Just before the weekend Engine (front group for technology companies) said that it had participated in a political event. To quote: “Frivolous patent litigation has no place in our legal system.” [more so frivolous patent litigation by patent trolls that never created anything] @RepHankJohnson kicking off a great panel by @U4PatentReform on the state of patent reform on Capitol Hill!"

Watchtroll, suffice to say, isn't covering any of that. Posts without any comments are sometimes posted by their clueless writers (no legal background) under the banner of "Capitol Hill". These people are really out of touch and this year we no longer link to them (to deprive/discourage traffic at Watchtroll, whose founder stepped down). How about this one from yesterday? This headline from Managing IP contains an obvious and likely deliberate lie. The Iancu guidance does the very opposite of "consistency"; it helps violate/bypass the caselaw/law and grant bogus patents (inconsistent with courts' position).

The bottom line is, patent maximalists are delusional or are intentionally lying. This is apparently the new normal; Team UPC has been doing the same thing for years. Managing IP is too shy to tell lies, so it stopped covering UPC matters and it seems like their most active writers have quit (Mr. Loney for example).

Recent Techrights' Posts

Walmart Vizio TVs Scream At Immigrants to Leave America
Reprinted with permission from Ryan Farmer
How Corporations Such as Microsoft Try to Crush Critics and Dissolve Activism
Stay focused
Wikipedia Can Lower Its Hosting Bill by Going More Static, Not Just by Caching, But It Would Not Solve Its Biggest Problems (Bribes and AstroTurfing)
For about 15 years we had a Wiki in this site
Urgent Need for SLAPP Litigation Transparency
Microsofters really want to shut us up
On Shutdowns and 2,000 More Layoffs at Microsoft (10,000 Microsoft Staff May Have Already Been Laid Off in 2025)
Microsoft tries to hide and belittle mass layoffs; its data centre business also flounders, so it issues puff pieces about some anniversary over and over again
Open Source Initiative (OSI) Privacy Fiasco in Detail: A "Deep Dive" Into the Complaint at the California Privacy Protection Agency
There are many facets to it and it may be the first complaint of several
Microsoft Problems in Europe Even Before the Cheeto Tariffs
The case of Romania, Europe's notorious Microsoft fan
Oman in 2025: GNU/Linux Growing to 5%
what can Microsoft do about it except sabotage the PCs?
Microsoft Shares Collapse Again (Down $101), Fifth Round of Microsoft Mass Layoffs in Less Than 100 Days in 2025
disaster
 
Links 08/04/2025: Microsoft Shrinking, Oracle's Clown Computing Cracked
Links for the day
Stolen Credit Card and LinkedIn. DHS Spies on Immigrant Social Media.
Reprinted with permission from Ryan Farmer
At 50, Microsoft Has Over 100 Billion Dollars in Debt and Less Than 25% "Market Share" (Windows)
statCounter basically sees less than a quarter of Web requests coming from Windows
linuxhint.com Died 12 Months Ago (After Adopting Image Slop)
Zombie sites
LLM Slop Will Eventually Stop Due to High Costs, Worse Training Sets (Polluted Models Ingesting Their Own Junk), and No Real Returns
This too shall pass
Courage is Contagious
I became a witness to acts of great courage from EPO examiners
Gemini Links 08/04/2025: Gabbro 0.1.4 and Disillusioned With Social Control Media
Links for the day
Microsoft Windows in Jordan: From 99% Down to 10%
This is becoming more "normal"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 07, 2025
IRC logs for Monday, April 07, 2025
Gemini Links 07/04/2025: Stock Market, Galène, and DMT Entities
Links for the day
During the Weekend We Said Fedora DEI Requires Proprietary Software, Now the Chat About It Is No Longer Accessible Over the Open Web
is this just a coincidence and an habitual change in Element?
Links 07/04/2025: US Measles Fatalities and China Launches HDMI and DisplayPort Alternative
Links for the day
Links 07/04/2025: More Cuts to Science Funding, Snail-speed Internet in Germany
Links for the day
Gemini Links 07/04/2025: Leasehold and Safe Gifts
Links for the day
In Some Countries, Laptops and Desktops Become a Dying Breed (Even Before Tariffs), Windows Has Nowhere to Go
expect more GNU/Linux on new and existing laptops
When the Credibility or 'Quality' of Clients Ceases to Matter, It's About Helping Rich Companies Like Microsoft Censor Critics (No Matter the Risks)
Bad ideas typically result in undesirable outcomes
UAE: GNU/Linux and Android at Record Levels, Windows at New Lows and Falling Below Apple
Even iOS is measured as bigger than Windows this month
Links 07/04/2025: Reddit Occupied (Social Control Media Controlled by Oligarchy), Demise of Globalisation Ongoing
Links for the day
Windows Has Fallen to All-Time Lows in Switzerland Since GNU Celebrated 40th Anniversary (GNU’s 40th Birthday in Biel, Switzerland)
GNU/Linux has been doing well in Switzerland
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 06, 2025
IRC logs for Sunday, April 06, 2025
Links 07/04/2025: Leaving Gemini/smolweb and Mastodon Migrations
Links for the day
In Iraq, Windows 3.1 (Percent)
There's also zero
One Person's Take on Jef Spaleta, the New Fedora Project Leader
"With a little searching, I wonder what else may be found regarding Microsoft."
Links 06/04/2025: Flood, Cool Gemini Capsule, and Long Form
Links for the day
Links 06/04/2025: Science, Politics, and Pricier Goods
Links for the day
LLM Slop Has Virtually Killed unixmen.com and Many Other Sites
There's no longer any incentive to write real articles in there
Sharp Declines for Microsoft Windows in Bangladesh (Pop. ~175,000,000), Big Gains for GNU/Linux
Microsoft Windows has been having a really hard time in poor countries
Links 06/04/2025: Fake Reviews, Privatisation Heists, and "AI" as Smokescreen for Impoverishing Humans
Links for the day
Taking a Moral Stand Against Strategic Lawsuits Against Public Participation (SLAPPs) and the Worst Offenders/Facilitators
Any other stance would sidle with moral depravity or moral hazard
Links 06/04/2025: Many New Acts of Repression and Elements of Financial Depression
Links for the day
In Qatar GNU/Linux Rose From Under 1% to Over 4% in Two Years (or Over 5% If Counting ChromeOS)
It's a big improvement compared to what we saw last year
LLM Scrapers Are a Nuisance, But They're Also a Reminder It's Time to Make Your Site Static
Perhaps the best protection is the ability to endure surges
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 05, 2025
IRC logs for Saturday, April 05, 2025
Links 06/04/2025: Attacks on Education, Fake Patents, and Fake (Illegal) Patent Courts
Links for the day
France: Apple and Microsoft Down, GNU/Linux Up to New Record Levels
How will tariffs against France impact things in the coming months?