Bonum Certa Men Certa

After Alice Case 'Judges Invalidated Patents Wholesale'

Wonderland may be on the horizon now

Alice in Wonderland



Summary: Courts in the United States are rapidly eliminating many software patents, but the media, (mis)informed by patent lawyers and other patent practitioners, is slow to report it if it ever reports this at all

PatentBuddy says that "ABA [American Bar Association] Alice Task Force found that Dist. Ct. judges invalidated patents wholesale, citing Alice, without any evidence, 66% of time." Separately it claims that "ABA Post Alice Task Force Found that USPTO Rejections of Claims under 101/Alice Relied upon Boilerplate only, no evidence, 64% of time."



Whichever figure is taken (with a grain of salt of course), it is clear that a lot of software patents are being invalidated and patent lawyers (and by extension barristers or judges) are expectedly worried. Lawyers are trying to discredit courts' decisions to invalidate software patents because it's basically their livelihood -- preying on programmers who are actually creating something, not just printing lots of pages and fighting in courts or sending threatening letters at the rate of approximately $300 per hour.

"Whichever figure is taken (with a grain of salt of course), it is clear that a lot of software patents are being invalidated and patent lawyers are expectedly worried."PatentBuddy also shares this PDF and writes that this is "Amicus Brief in Support of Ultramercial's Petition to S.Ct. Seeking 101 Clarity Post Alice" (for the uninitiated, 101/Alice alludes to invalidation based on how abstract a patent is).

Techrights is of course delighted to see some software patents diminishing in the US, for their demise in the US might, in turn, lead to their global demise (even in Japan and maybe China).

Scott Graham, a writer for The Recorder, says that the "Federal Circuit Tightens Squeeze on Software Patents". He writes (behind a paywall of some esoteric kind): "En banc ruling Tuesday in 'Williamson v. Citrix' means more patents will be subject to statutory requirements for means-plus-function claims."

This is again good news, especially coming from the Federal Circuit despite its notorious biases.

Obviously, software patents are still celebrated in the corporate media. Even the so-called 'Guardian' does it. Language of lawyers can be found in Science Magazine (behind paywall), saying that "IBN has generated more than 300 patents, 80 licenses" (as if patents are "generated" and licences are "generated"), but we have come to expect that from media that large corporations are controlling, irrespective of what courts are ruling. Here is a prominent blog of patent lawyers speaking about patents being sold like a commodity, sometimes to trolls (at the behest of corporations even). It says: "The chart above shows the percentage of U.S. patents issued to Inventors and not (reportedly) assigned to any organization or government. The data comes from the PTO. While this chart shows a dramatic drop, the actual number of inventor-owned patents has stayed relatively stable over the past decade — the dropping percentage is due more to a rise in the number of patents granted to corporate owners. The drop here does not necessarily mean that independent inventors are being squeezed-out — just that the rise in patent grants is not due to independent inventors."

The term "independent inventors" is in itself a form of propaganda. It seeks to promote the old myth that patents exist to protect the "small guys" rather than massive corporations with a gigantic library -- perhaps weighing at millions of pages -- of patent monopolies (to be wielded like a weapon).

All in all, things appear to be improving with each ruling on software patents in the US. Don't expect patent lawyers to acknowledge that. It would be like Microsoft publicly stating that proprietary software is doomed.



Recent Techrights' Posts

Slopwatch: Another Offending 'Linux' Site Found (Fake Articles About "Linux"), Postgres/PostgreSQL/PSQL Targeted by FUD from LLMs
It's all slop, as one can suspect
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
Government Sites That Use Centralised CAs Are Still Remotely Controlled by MElon and GAFAM at the Oval Office
Even governments outside the US
Eternal Vigilance
I too received more death threats than I can recall over the years
 
The Free Software Foundation's Fund-raising Efforts Continue Unabated (and With Positive Results)
Perhaps the cherry on the cake is that Microsoft influence agents now try to attack the people who run the FSF, for merely have the 'wrong' views on political affairs
From Strangling Women to SLAPPing Journalists (Microsoft in a Nutshell)
We won't ever capitulate to Microsofters who strangle women
Links 26/02/2025: Microsoft's "AI Value" Bubble is Blowing Up, Starbucks in Trouble as Well
Links for the day
Rumour About IBM Layoffs in the UK
That was 2 hours ago
Links 26/02/2025: Science, Hardware, and Politics
Links for the day
Timeline of Microsoft's 2025 Crisis and Growing Panic
Microsoft already had 3 waves of layoffs this year (not even 2 months have passed)
IBM Consulting: Layoffs Already in Progress
"What are the Deep Blue Thought Leaders World becoming? A rubbish heap?"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 25, 2025
IRC logs for Tuesday, February 25, 2025
Links 25/02/2025: US Backs BRICS at UN, Ukraine's Defence Enters 4th Year
Links for the day
Gemini Links 25/02/2025: Marginalia and LOWWIRE
Links for the day
New Richard Stallman Interview Published by Free University of Bozen-Bolzano a Day After His Talk There
We're not seeing any difficult or controversial questions
The Musk Slipped, Countries Need Digital Independence
What's happening in Germany this month might result in quicker adoption of Free software
Spanish Version of the Free Software Foundation's Book "Introduction to the Command Line"
The "GNU Press Shop [is] temporarily closed"
Dr. Andy Farnell Publishes Second Part of Series About Freedom Fighters (It Started With Richard Stallman)
A few minutes ago Dr. Farnell published the second part
Things That Were Presumed Public Enemy #1 (or Foremost Threat)
The world's most powerful military is now governed by clowns who don't know what the heck they're doing
Microsoft is Admitting That It Has No Viable Business Model, Starting to Experiment
Microsoft's proprietary spyware with ads cannot really compete with Calligra and LibreOffice
Asking Journalists to Pay for Merely Reporting Violent Abuse Against Women (and Telling Them to Kill Themselves)
As regular readers are likely aware by now, for material we published years ago some likely broke man without a proper job (except in a company made up or invented by him) wants money
Bluewashing: IBM Replaces Red Hat With IBM (Bobby Leibrock) at the Top
Based on his education, Bobby is just some suit; he thinks of money, not tech
Links 25/02/2025: Mass Layoffs at Starbucks, Kaspersky Banned on Australian Government Systems
Links for the day
Links 25/02/2025: Strawberry Lemonade, Introducing Fiss, and YouTube Acting Aggressive
Links for the day
UK: Twitter Falls to Lowest Traffic Levels in 5 Years (Start of Lockdowns), Down From More Than 37% to Only 6.5%
Months ago Twitter (aka "X") was blasted by the British government for inciting right-wing violence
Judgment translated to English in FINMA & Debian trademark fiasco
Reprinted with permission from Daniel Pocock
The Brigading (in Social Control Media) Did Not Silence the Creator of GNU/Linux
there are no impending talks at the moment
Confirmed: IBM Layoffs Will Strike Consulting Quite Hard
the flagging of staff is a way to signal to them it's time to go or get the boot
Sami Tikkanen Explains What Happened to Computer Science Education in Finland and Elsewhere
The 'broligarchs', a collective which typically created anything of their own, do not want the general population to possess skills that let it be anything other than passive consumers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 24, 2025
IRC logs for Monday, February 24, 2025
Truth is Not About Appeasing the Feelings of Men Who Hurt Women
True information is just what it is
Links 24/02/2025: Compromised Laptops and EU Shift to the Right (Boosted by Social Control Media Interventions)
Links for the day
Gemini Links 24/02/2025: Politics, Monarchy, and AuraRepo Prism VCS Suppor
Links for the day
Links 24/02/2025: Germany Looks to Distance Itself From US, Environment at Risk, Mass Layoffs at Zendesk
Links for the day
[Meme] It's Over, Microsoft
an obligatory meme
Even Worse Than LLM Slop and Linkspam From UNIXMen
UNIXMen is basically a defunct spamfarm at this point (the author is "sarwarSEO")
Proprietary Software is Bad for Your Health, Not Just Your Finances, Privacy and So On
It would be interesting to see some charts, based on some long-term study, comparing the general health (blood pressure, BMI etc.) of people who use proprietary stuff and people who do not
Gemini Links 24/02/2025: Osiris 0.1.0 Release (File Sharing in Gemini Protocol), NetBSD 10.1 on the Pi
Links for the day
Microsoft Admits Business Perils as Windows Continues to Fall
‘Microsoft missed the biggest business model…’
Technical Specifications at Times of Tyrannies
Specifications (specs) must evolve with the times
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 23, 2025
IRC logs for Sunday, February 23, 2025
In Case Rust Censors It (Rust Has Long Been All About Censorship), Here's a Critical Look at Rust's Goals
In the case of Rust, instead of "the liberation of the digital society" we have empowerment of Microsoft GitHub and of GAFAM in general. Guess who funds this...