Bonum Certa Men Certa

As Expected, SCOTUS Decision on Software Patents Already Distorted by People With Pro-Patents Agenda

Patent lawyers fight to maintain artificial barriers

Border



Summary: Systematic distraction or obfuscation of the SCOTUS ruling, which basically rendered a lot of software patents utterly useless in every court in the United States and abroad/at the border (ITC)

WE SAW THIS after the Bilski case. We saw it many times after that. Lawyers try to shape the truth based on their own preferences. That's what they do for a living. We must counter them before they successfully change the nature of this whole debate.



Various articles that we see coming from patent lawyers (and patent-centric publications) are an absolute disgrace, but this is precisely what we predicted would happen. Revisionism as such typically becomes necessary when there's a decision impacting their business. They turn their back on truth and start spinning, or lying by omission.

Remember that lawyers are good liars (or truth twisters), they are not necessarily judges, although judges too have their faults and occasional corruption. Their goal is not justice. They need to just lie on behalf of people (clients), or twist the facts not for the purpose of justice but for winning a case. That's their occupation by definition and the SCOTUS decision is seen as a threat to some of them.

We have been finding some more articles that we did not see in our fairly large/comprehensive press survey. Here is the EFF speaking about "bad patents" (the EFF prefers not to talk about "software patents" so much anymore, just like the Bezos/Amazon-owned CIAPost which speaks of '"bad" patents'). There is also some analysis from eWeek, IP Watch, and pro-Android circles.

The corporate media's coverage [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] was mostly OK (sticking to the facts rather than twisting them), but there's already spin from patent lawyers, such as this article by James M. Singer from Fox Rothschild LLP. Its headline states "Supreme Court Delivers Blow To 'Abstract' Software Patents, While Stating That Software Still Can Be Patent-Eligible" (the latter part conveys bias).

Here is another example of distortion, with the headline "Supreme Court blow to software ‘patent trolls’". It's a weird type of spin, similar to "US Supreme Court squares up to software patent trolls with stricter rules" (from Microsoft-friendly site). Well, the ruling does not say anything about trolls, it speaks about scope. Here is a headline that says "US Supreme Court deals major blow against software patents and patent trolls", again introducing a discussion about "trolls" where none really existed. SCOTUS dealt with patent scope, so to twist/shape this into something else is simply inadequate.

Watch how Microsoft booster Richard Waters twists the facts, by going with the deceiving headline "Software patents survive US Supreme Court test". This lousy journalist is a longtime Microsoft spinner (who told lies) and he has just told readers the very opposite of what happened. Richard Waters makes the Financial Times look no better than Fox 'news' (AP and CNN did get it right this time).

Now, watch how a typical lawyers' firm approaches the subject of software patents or business method patents. A patent lawyer from Stuart Meyer, Partner, IP Group, Fenwick & West LLP pretends there is a lot of uncertainty after the decision, which is a common technique for preserving the status quo (pretending that a ruling changed nothing at all due to lack of clarity). It is very clear what SCOTUS has just done, but prepare for patent lawyers all around the world to storm and press and do some revisionism.

The SCOTUS decision would do more to help than all those so-called 'reforms' that achieve nothing serious, except perhaps the claim that something has been done (a distraction).

Another lawyer, Matt Levy , continues to divert attention to patent trolls. To quote his latest analysis: "Yesterday, the Supreme Court released its final patent opinion of the term, Alice v. CLS Bank. This case should help clarify the patent eligibility of software, and improve patent quality, but we’re still going to need patent reform legislation to really fix the problems in the patent system that are exploited by patent trolls."

Nonsense. As many trolls use software patents, it is scope we should be striving to change. Some very large trolls like Microsoft would not be impeded by a reform that deals with small "trolls". Patent Progress, the site of Levy, always focuses only on trolls; perhaps his goal is not to get rid of software patents but to merely change the landscape of litigation. Here he is speaking about trolls, including Intellectual Ventures, conveniently failing to mention the company behind it or that company's record of racketeering with patents. "And earlier this week," said this one post. "Matt Levy explained why the demand letter bills are insufficient to fix the patent troll problem."

Matt Levy should be doing more to tackle software patents. The same goes for Steph from this trolls-focused site which asks: "You know what the biggest problem with patent trolls is? Oh sure, it’s that they cost companies buckets of money and stifle innovation by shutting down start ups. Those are bad, of course, but the real tragedy here is that they make people like Chris Hulls call someone a “piece of shit” and then look stupid in the process."

The focus on trolls is the reason we stopped covering patent issues for nearly a year. Here we have an important decision regarding software patents, but people who claim to be pursuing "patent progress" carry on talking about trolls, as if they simply fail to see the broader issue and the ultimate solution to spurious litigation.

Recent Techrights' Posts

Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
 
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026