Bonum Certa Men Certa

Patent Lawsuits Almost Halved After SCOTUS Ruling on 'Abstract' Software Patents

The "genius" behind the infamous "one-click shopping" software patent

Bezos gives lecture



Summary: The barrier for acceptance of software patent applications is raised in the United States and patent lawsuits, many of which involve software these days, are down very sharply, based on new figures from Lex Machina

While some software patents survive the SCOTUS ruling in the Alice v. CLS Bank case (notably in banking), many software patents are being invalidated and applications fail (not many software patents are being granted, despite 92% of all patent applications ending up being granted as rubber-stamped patents). Existing holders of software patents may be reluctant to sue, knowing that any lawsuit may deem these patents invalid and hence incapable of imposing the signing of patent deals or serve as deterrents. As Timothy B. Lee put it the other day:



The patent office is rejecting a lot more software patents



A June Supreme Court decision on the legality of software patents has been sending shockwaves through the legal system. The case, called Alice v. CLS Bank, has led to a bunch of lower court decisions invalidating software patents. It may also have been responsible for September's sharp decline in patent lawsuits.

The decision appears to be having another effect that could be even more important in the long run: it's causing the patent office to reject a lot more patents on "business methods," a category of software patent that is notorious for its high litigation rate. While that might be bad news for the people seeking these types of patents, it means that there could be a lot fewer patent troll lawsuits over the next two decades.


Here are some new figures that indicate massive decline in patent lawsuits after the Alice case:

Plaintiffs filed 329 new federal patent cases in September 2014, a 40% decrease from the 549 cases filed in September 2013.

After reaching a record high of 675 new cases filed in April 2014, filings over the last five months have tailed off significantly (see Figure 1).

Month-over-month comparisons of 2014 and 2013 reveals lower 2014 monthly totals since May (see Figure 2).


Here is the former author, Timothy B. Lee, addressing this matter:

In a June decision called CLS Bank v. Alice, the Supreme Court called into question the validity of many software patents. Since then, there have been over a dozen lower-court decisions invalidating software patents.

New data from the legal analytics firm Lex Machina suggests that the newfound judicial hostility toward software patents is making plaintiffs gunshy:

Patent lawsuits in September were down 40% from last year


Here is the trolls expert writing about it.

"Months after Alice v. CLS Bank, patent litigation has hit a near-record low," explains Joe Mullin. "The drop comes shortly after new patent rules came down from the Supreme Court. Most notably, the Alice v. CLS Bank decision made it clear that courts shouldn't accept "do it on a computer"-type patents as valid. That's resulted in nearly a dozen patents being tossed out in a short period of time, and some patent trolls with dubious patents aren't bothering to fight it out anymore."

One other site, a front group for corporations, focuses on patent quality when slamming an Apple patent that was used against Android (and Linux by extension). Levy asks, "remember that “pinch to zoom” patent that Apple tried using against Samsung? That was filed on January 7, 2007."

He shows a video about it and he adds: "The Jeff Han video clearly discloses pinch to zoom, nearly a year before Apple filed its patent application. While it’s true that the patent was eventually invalidated, it should never have issued. (And I’m sure there are many more “gesture” patents that are disclosed in this video, too.)"

Finally, Levy says: "If we’re serious about patent quality, examiners need to be able to find everything that’s out there. There are software tools to screenshot videos, and people could be hired to transcribe them. But examiners don’t have that help, and, in fact, many patent examiners are using outdated, inefficient equipment and software. It’s no wonder patents like “pinch to zoom” get issued."

It sure looks like things are changing when it comes to patent bar (not barristers but bar for quality), though apparently only in the area of software.

Recent Techrights' Posts

Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
 
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026
Links 28/05/2026: Pakistan and Afghanistan Are Still Fighting, Iranians Back Online
Links for the day
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026
Links 27/05/2026: TSMC Workers Next to Consider Strikes, Ceasefire Cracking
Links for the day
SLAPP Censorship - Part 89 Out of 200: SRA Admits Malfunction, That's Why Transparency is Paramount
There have been more efforts than we can to count or can enumerate (probably over 100 such efforts) to gag us and to prevent us writing about what has happened
Our Free Software Activist in Connecticut (USA)
We'll soon revisit the latest round of legislation on "age" (surveillance, ID)
Links 27/05/2026: Living Without 'Smartphoones' and "Russia’s Biggest Attack on Ukraine in 18 Months"
Links for the day
Gemini Links 27/05/2026: The USA as an "Experiment" and Some Ubuntu Manuals
Links for the day
[Video] Full Video of Richard Stallman's Talk in Rome
It seems inevitable that the official GNU site will have it
Slop is a Passing Fad, It's About Faking Productivity (Plagiarism, Misinformation, and False Positives)
Slop is a bubble. Some people accept it later than others.
Anderon - Like Kyndryl - Could be Far Deeper in Debt Than Its Alleged Worth (Vapourware)
Time will tell, but it seems like a Federal-enabled (by the Federal Government) accounting scam, nothing more, nothing less
The Media That Keeps Covering "AI" Because the Pushers of It Pay for Spam
23 times in the page they mention "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 26, 2026
IRC logs for Tuesday, May 26, 2026
Codecs and Software Patents - Part XI - The Stance of RMS (Dr. Stallman) Reassured GNU Regarding AV1
cautioned against software patents since the early 90s if not earlier