Bonum Certa Men Certa

CAFC Shown to be Incapable of Ruling on Garbage/Disgraced Monopolies Time After Time, So Perhaps It Should be Barred From Ruling on Patent Issues

Thumbs down



Summary: Now that the US Supreme Court smacks down some more flawed rulings from CAFC (regarding patents) it is time not only to limit patent scope but also prevent CAFC (the court behind software patents) from ruling on patent scope ever again

There is a reason for cautious optimism when it comes to the US patent system. The bar is being raised by the highest court, dealing for the most part with business method patents. Here is a good article highlighting some background information:



If you want to blame someone for the explosion of patent litigation in recent years, a good candidate is the US Court of Appeals for the Federal Circuit. That's the appeals court responsible for handling appeals in all patent cases. Over the past decade, the Supreme Court has slapped down its rulings, which the high court has seen as too friendly to patent holders and patent applicants.


Here again we have ramifications for software patent -- a subject that SCOTUS never directly addressed (not even in the Bilski Case). SCOTUS refuses to deal with many very important issues these days even with assassination (without trial) of US citizens by CIA drones and the protection of CIA sources by a journalist (Risen). There is actually a pair of decisions here, as noted earlier this month. To quote: "The US Supreme Court issued rulings this morning in two of the five patent cases it heard this term. In both cases, the high court unanimously struck down rules created by the US Court of Appeals for the Federal Circuit, the nation's top patent court.

"The two rulings continue a pattern that has developed over the past several years, in which the Supreme Court has overturned key Federal Circuit rulings, finding them too favorable to patent-holders and too harsh on parties accused of infringement."

Here is another report which says "The U.S. Supreme Court on Monday refused to make it easier to hold companies liable for encouraging others to commit patent infringement."

Not everyone is happy about it. Quite expectedly, Fortune, a pro-plutocrats paper, promotes software patents because there is impact on them. To quote this one article: "For a method patent to be infringed, says the high court, the infringing party must deliberately perform all the steps."

There are several other articles which allude to the effect on software patents.

While plutocrats' papers continue to associate patents with achievement, it is rather clear that for patents to be effective a tool they should be scarce and hard to attain.

The CAFC clearly serves the interests of patent lawyers by always expanding the scope of patents and even copyrights. SCOTUS almost always vetoes it. The CAFC is the biggest booster ever of software patents and other such monopolies on software (API copyrights for example) because it is inherently incompetent or simply corrupt. To quote just one pundit: "What do you know? The Supreme Court has completely shot down two more decisions from the "patent appeals court," which is supposed to be an expert in patent law. The court of appeals for the Federal Circuit (CAFC), which was set up explicitly to cover "complicated" patent cases, has been getting shot down by the Supreme Court left and right over the past few years, often unanimously. It happened a month ago on fee shifting and it happened twice more today on key patent cases: Limelight v. Akamai and Nautilus v. Biosig."

Let this remind us that CAFC issues decisions that are almost always the opposite of what's just, especially when it comes to patents.

It should not be surprising to see overzealous patents boosters who are also patent lawyers (like Gene Quinn) scrambling to defend the CAFC, which is not a court but more seemingly a front for patent lawyers.

CAFC is apparently no longer a court but rather an occupier working at the behest of patent lawyers (just look what judges were added to CAFC, it's more like entryism). It should be de-funded, re-booted, or altogether shut down.

Recent Techrights' Posts

Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
 
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025
gbhackers.com is Not Hackers, It's LLM Slop Outputs (Fake 'Articles') That Attack 'True Hackers'
A site called linuxsecurity.com keeps doing this and now we see the slopfarm gbhackers.com doing the same
Gemini Links 20/02/2025: Law of Warming and Cooling, Health, and Devlog
Links for the day
linuxsecurity.com Continues to Spread Lies or Machine-Generated FUD (Microsoft LLMs Likely the Source) About OpenSSH and Linux
this LLM problem is global
Links 20/02/2025: Microsoft Infosys Layoffs and IRS Layoffs (Good News for Rich Tax Evaders)
Links for the day
IBM Layoffs in Europe Already Happening or Underway (UK and Spain). They Try Not to Call These "Layoffs".
"CIO" in particular was repeatedly mentioned lately, as was Consulting
People Who Came From Microsoft Demanding Removal of Articles About Them, About Microsoft, and About Microsoft GitHub is "Generous" (According to Them)
Imagine choosing a law firm that borrows money in the same year just to avoid overdraft in the bank!
Possibly a Third Round of Mass Layoffs at Microsoft in 2025 ("Cloud Solution Architects, Customer Roles"), Report Removed or Censored
This is literally the top story for "microsoft layoffs" right now
Instead of 'DoS Protection' Cloudflare is Allegedly Conducting 'DoS Attacks' on Users of Browsers Other Than Firefox and GAFAM's DRM Sandboxes (Chrome, Safari and Others)
If you value the Web, you will avoid Cloudflare
Mixing Real With Fake in One 'Article' (by "Director of Content, Help Net Security")
From what we can gather, he got machines to generate some slop for him
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 19, 2025
IRC logs for Wednesday, February 19, 2025