EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

06.16.19

2019 H1: American Software Patents Are as Worthless as They Were Last Year and Still Susceptible to Invalidation

Posted in America, Law, Patents at 7:36 am by Dr. Roy Schestowitz

End of spring, end of software patents

End of spring

Summary: With a fortnight left before the second half of the year it seems evident that software patents aren’t coming back; the courts have not changed their position at all

THE YEAR 2019 was supposed to be all about the European Patent Office (EPO) and GNU/Linux — the latter topic we’ve neglected in recent years and are gradually catching up with (e.g. concerns about the Code of Conduct). One single aspect we still watch at the USPTO is 35 U.S.C. § 101, which we hope remains in tact for many years to come. Last year and the year before that it became abundantly clear that suing with software patents in the US was a losing bet, especially if appeals were to reach the Federal Circuit. SCOTUS kept declining to even revisit the subject and last year it reaffirmed the status of the Patent Trial and Appeal Board (PTAB) and inter partes reviews (IPRs). Nothing has really changed since then. In our daily links we include stories about cases that support this claim; as we shall show later, even attempts to bypass or change the law will most likely fail. As Janal Kalis put it the other day: “In re Gitlin (Fed. Cir. 2019) The CAFC upheld the PTAB’s holding of patent ineligibility under 101/Alice; The CAFC ignored the USPTO eligibility guidelines: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-1461.Opinion.6-13-2019.pdf …”

“The Federal Circuit remains stubborn and strong in the face of smears and strong-arming by patent maximalists.”Rightly so; that’s just more of the usual. Courts refuse to be sort of manipulated if not bullied by the likes of Battistelli and Campinos, who not only lobby for software patents in Europe but also abuse judges who stand in their way.

Eileen McDermott, this year’s new editor of Watchtroll, published “Federal Circuit to University of Minnesota: No State Sovereign Immunity For You” (we omit all links to Watchtroll this year).

Again, as above, that’s just more of the same. Patents cannot be shielded from justice using such ‘scams’. I got threatening letters from facilitators of these 'scams' as recently as last year.

So here we are in the middle of 2019 (two weeks left). The Federal Circuit remains stubborn and strong in the face of smears and strong-arming by patent maximalists. Former chief judges cannot quite change Sharon. Sharon Prost is the Chief United States Circuit Judge. She has done splendid work since taking over, whereas those former judges became little more than lobbyists — a matter we’ve criticised many times before. So did Benjamin Henrion (FFII) and few other people, who can differentiate/tell apart judge-bashing from reasonable things, e.g. highlighting ethical breaches like those which forced removal/resignation of Sharon’s predecessor (IAM wanted him appointed at to top again).

“Patent maximalism is warning in the US.”The way things stand, we see no reason to spend entire weekends covering US patents (as we did in past years). Patent maximalists’ sites such as The National Law Review and JD Supra reflect upon the new status quo; many US patents are presumed invalid and it takes a lot of effort to just keep these “alive” (the term they use, equating them with organisms); these patent law firms/lawyers, who author these pieces, obviously address their clients, trying to persuade them to get fake patents, avoid delays, and then keep these “alive”; they want more money to keep these fakes “alive” (e.g. for blackmail purposes):

Patentees may obtain additional PTA if the USPTO’s calculation of “applicant delay” includes a period of time during which the patentee could have taken “no identifiable effort” to avoid. However, the onus is entirely on the patentee to identify and correct the USPTO’s error.

This is one aspect among several that weaken US patents and at some stage these law firms will need to ‘come clean’ and admit to clients that the patent bubble has burst and their services aren’t worth the high price anymore. The number of US patents granted last year was a decrease compared to the prior year (we’re not sure about the number of applications), which may suggest that the Office too is aware of that. Patent maximalism is waning in the US.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Sword Group Violates Its Own Commitment by Working for the EPO

    The European Patent Office (EPO) keeps outsourcing its work to outside contractors (for-profit private entities) to the tune of hundreds of millions if not billions — all this without any oversight



  2. In 2020 Canonical No Longer Fights for Freedom

    Freedom requires a GNU/Linux distro other than Ubuntu, which seems unwilling or unable/incapable of speaking about and promoting the ideals of GNU/Linux



  3. We Need to Use the F Word (Freedom) to Promote Adoption of GNU/Linux

    "People get the government their behavior deserves. People deserve better than that." -Richard Stallman



  4. People Who Want to Explore GNU/Linux With Ubuntu See This Today

    "Wait, am I in a GNU/Linux blog or another Windows blog," a visitor might think... or, is Microsoft 'taking over' messaging at Canonical? (Same with code)



  5. Links 4/6/2020: Septor 2020.3, Nextcloud and Blender 2.83

    Links for the day



  6. Hey, Where's Red Hat (IBM)?

    Red Hat is conspicuously silent at these critical times (in its home country); Must be too busy hailing and cashing in on Trump's military (state) while dishing out shallow and self-contradictory diversity PR/fluff…



  7. Microsoft's Latest Vapourware About Supercomputers

    Microsoft has spent almost two decades dropping supercomputers vapourware on the media, but those misinformation dumps always turn out to be 100% hot air, no substance



  8. 2020: A Time for Resolutions or Revolutions?

    There are nonviolent means by which the current system can be corrected; we need to convince peers and relatives to change the way they behave and not cooperate with unjust elements of the system



  9. IRC Proceedings: Tuesday, June 02, 2020

    IRC logs for Tuesday, June 02, 2020



  10. The Gates Press (GatesGate) -- Part I: Lost the Job After Writing an Article Critical of Bill Gates for Attacking Some Actual, Legitimate Charities (Because They Had Spread GNU/Linux)

    The sociopaths from the fake 'charity' of Bill Gates would go to great lengths to squash criticism and also to eliminate critics; this series tells the story of some of those personally affected



  11. Don't Fall for the Spin, Microsoft is Laying Off Workers and It's Not Just Because of the Pandemic





  12. All They Want is Litigation, Not Innovation

    It's getting difficult to ignore or to overlook the fact that the 'litigation lobby' (the likes of Team UPC and today's EPO management, guided by groups like the Licensing Executives Society International) doesn't care about innovation and is in fact looking to profit by crushing innovation



  13. Reminder: Microsoft Profits From Crushing Protesters for Donald Trump

    Don't lose sight of the fact that what's going on in the United States right now is very profitable to Microsoft



  14. No, GNU/Linux Isn't at 3% and Windows Isn't at Over 90%, Either

    This ludicrous idea that "Linux" (however one defines it) enjoys just 3% of the "market" is false and it should be treated as laughable spin (it is being widely promoted this week, often by Microsoft boosters looking to make charts where Windows stays at above 90% and Vista 10 is 'gaining'... at the expense of Windows)



  15. Links 3/6/2020: Devuan Beowulf 3.0.0 and Tails 4.7 Released

    Links for the day



  16. Links 2/6/2020: New Firefox Release (77), Debian-based MX Linux 19.2, KDevelop 5.5.2, GNU/Linux Growth on Desktops/Laptops

    Links for the day



  17. Techrights Can Figure Out Source Protection/Anonymisation Whilst Operating Very Transparently

    We're still quite radically transparent whilst at the same time enjoying 100% source protection record; we're also improving the software we use to publish more quickly and efficiently



  18. IRC Proceedings: Monday, June 01, 2020

    IRC logs for Monday, June 01, 2020



  19. This is How GNU Finally Dies

    "Brace for when GNU falls the way that OSI, FSF, FSFE, Mozilla, and the Linux Foundation did."



  20. Latest Microsoft Layoffs Spun as 'Innovation' (There's Always a Positive PR Angle)

    The public is expected to simply ignore the fact that Microsoft is laying off employees (again); instead we're expected to think it's all about Microsoft being very brilliant and innovative



  21. Microsoft Playing the Victim, Irrationally 'Hated' by Victims of Its Abuse

    We're meant to believe that those whom Microsoft bribes against are the opinionated 'haters' and Microsoft is a victim of 'hate'



  22. Links 1/6/2020: Linux 5.7, FOSSlife Born, LibreOffice 7.0 Beta1, Linux Mint 20 Making Early Promises

    Links for the day



  23. Linux Without Linus

    The Linux Foundation seems to be acting like Linus (Linux founder) is somewhat of a liability (forcing him to take a ‘break’ from his own project) while taking even the most notorious proposals from corporations, including those that called Linux a “cancer”



  24. What It Would Take for Linus Torvalds to Leave Linux Foundation Without the Linux Trademark and Without Linux

    It's nice to think that the founder of Linux can just take his project and walk away, moving elsewhere, i.e. away from the Microsoft-employed executives who now "boss" him; but it's not that simple anymore



  25. The Past Does Not Go Away, Except From Short-Term Memories

    People who are drunk on power and money (sometimes not even their own money) like to portray themselves as the very opposite of what they are; but in the age of the Internet it's difficult to make the general public simply forget the past and "move on..."



  26. IRC Proceedings: Sunday, May 31, 2020

    IRC logs for Sunday, May 31, 2020



  27. Links 1/6/2020: OpenMandriva Lx 4.1 2020.05, Linux Lite 5.0 Release, FreeBSD 11.4 RC2

    Links for the day



  28. It's a Common Mistake and Common Misconception/Error to Treat Microsoft as Just Another 'Large Company' (or 'Big Tech')

    What's wrong about Microsoft isn't its size; what's wrong with Microsoft is its behaviour, which isn't just illegal (crimes are the norm) but also hugely unethical



  29. Lessons of Michael Arrington (About Microsoft)

    Microsoft and Bill Gates have a long history bullying their critics; the quote above (or below) shows how even people who advertise with Microsoft are becoming the target of abuse



  30. 'Best' of Both Worlds: GNU/Linux Freedom + Malware With Keyloggers and DRM

    Running a Microsoft-controlled GNU/Linux instance under Vista 10 ("Windows Subsystem for Linux") in the age of virtual machines, dual boot and containers makes as much sense as chopping some carrots to go with the veal meal to appease vegetarian diners


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts