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

The FSF Board and FSF Beard
So the FSF's Board has grown
Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
 
Links 22/06/2025: Giving Up on Smartphones and 'Jaws' at 50
Links for the day
Gemini Links 22/06/2025: Furniture Construction and Bubble for Comments
Links for the day
Links 22/06/2025: Windows TCO Tales and YouTube Getting More Hostile to Users
Links for the day
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day