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

Over at Tux Machines...
GNU/Linux news for the past day
 
Response to Another New Hit Piece About Richard Stallman (RMS)
We see similar smears floating about and tackling them can help not only RMS but anyone who thinks similarly about computers
Gemini Links 10/11/2025: Homelabs and KeePassRX Manual Now Available
Links for the day
Shrinking and Cheapening the Workforce: the Future of Red Hat and IBM
Does Red Hat cheapen the workforce?
Links 10/11/2025: BBC Turmoil and Iranian Drought Crisis
Links for the day
The Register MS Still Occasionally Uses Slop
some articles don't use real images
Links 10/11/2025: "Scam Altman Gets Served Subpoena" and "China will Rule Renewable Energy"
Links for the day
ubuntupit.com Has Paused the LLM Slop (for Now)
No slopfarm ever offered any real value
More Media Coverage From Austria Regarding Cocaine Use by EPO Management
The ultimate goal is full accountability
Ponzi Economics and the Media's Role in Defending Ponzi Economics
We occasionally notice weak or almost-non-existent coverage regarding the economy
Links 10/11/2025: Very High Windows TCO and XBox Continues to Languish
Links for the day
IRC Proceedings: Sunday, November 09, 2025
IRC logs for Sunday, November 09, 2025
Governments That Financially Benefit (Profit) From the EPO Have a Long History of Covering Up Fraud and Corruption at the EPO
Many people are aware of it, even some of the biggest EPO stakeholders
Our Time in London
10 Days Ago We Were Down in London
Giving Red Hat a Second Life and Second Chance: Drop the LLM Slop, Stop Publishing Promotion of LLMs or Text Made by LLMs
For Red Hat to earn more trust it needs to quit participating in the biggest "pump and dump" pyramid scheme since the 1990s
Gemini Links 09/11/2025: Garden Room Complete, FreeBSD 15.0 on the ThinkPad T480, and Known Gemini Caspules Sorted by Number of URLs
Links for the day
Links 09/11/2025: Fung-wong Strikes Maharlika, "Open" "AI" Wants Taxpayers to Give It Bailout Money
Links for the day
Links 09/11/2025: "Avoid MSI Graphics Like the Plague", Harms of Social Control Media More Widely Recognised
Links for the day
Rocky Linux's Embrace of Mindless Cargo Cults Will Harm Rocky Linux in the Long Run
focus on technology, not marketing that defrauds many people and plagiarises many producers
Many of Red Hat's Official Blog Posts Seem to be Fake, Written at Least Partly by Bots (LLM Slop)
Can one trust Red Hat on technical things if it cannot even write words?
Suggestions Regarding Techrights Search
In some cases, Daily Links also serve to obscure our original articles
"Open" "AI" is Going Bankrupt, Appealing for Government Bailout
The writings have been on the wall for years
Reaffirming Rumours of More Microsoft Layoffs, Halo Impacted, XBox Business Winding Down
XBox has a huge target painted on its bum
"Secure Boot": Stop Trying to Boot Into GNU/Linux, Use Vista 11 Instead
It's all about reducing the user's cybersecurity under the false guise of improving it
This is What We Always Wanted to Spend Our Time on
2026 will probably be our most productive ever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 08, 2025
IRC logs for Saturday, November 08, 2025
LowEndBox Resorts to Ableism to Smear Software Freedom
Not some "low-level" pundit but an administrator
IBM is Destroying Red Hat (by Extension, It Also Harms GNU/Linux)
IBM is where things come to die, more so in the past decade or so
Austrian Media Coverage of Luis Berenguer's (Top EPO Official) Getting Busted for Cocaine
This wasn't some rich tourist caught by cops, it was a local official whom they busted
This Coming Thursday EPO Staff Meets Online to Discuss the Salaries Going Down While Stoned Managers Increase Their Own
compensation going down relative to inflation and other factors
Misinformation of IBM Spread via LLM Slop
Since a lot of sites now rely on LLMs we can expect the corporations' lies to be perpetuated by bots. That includes the myths of IBM Red Hat.
Gemini Links 09/11/2025: File Managers and DPC Commissioner
Links for the day
Links 08/11/2025: Climate Talk Unfruitful, OldVersion.com Archive Facing Shutdown
Links for the day
IBM is Eliminating Red Hat Like It Eliminated Tivoli and Eliminated Cognos
Be wary of IBM
Quitting One's Job Isn't Forbidden, Right?
it's important to remind people that leaving one's job is perfectly OK
Being Absent/Missing From Social Control Media is Not a Sign of Weakness
Broadly speaking, social control media is for losers
Empathy Online
I recently learned from someone that running his Web site might hurt some feelings, even if the writings are truthful
Our Site Search Increases Our Editorial and Informational Independence
Implementing our search facility is a long-term investment
Advocates of GNU/Linux and the Uphill Battles Behind Us
GNU/Linux felt like "activism" 20 years ago. Now it's mainstream.
Cybersecurity Means Real Security, Not Back Doors
Standing our ground on technology and cybersecurity is an uncompromisable stance
Links 08/11/2025: Disinformation Crisis, Denmark Recognises Threats Associated With Social Control Media
Links for the day
The Free Software Foundation (FSF) is Besieged for the Times It Does the Right Things
As that upsets rich people's interests (and they were, at times, sponsors)
Links 08/11/2025: Technical and Financial GAFAM Woes and Arrests of Journalists by Despots
Links for the day
Like SUSE, IBM Red Hat Seems to be Using LLM Slop to Write Fake (Bot-Generated) Blog Posts
IBM Red Hat keeps promoting slop
Corruption is a Reality, It's Not a Dirty or a Strong Word
Corruption is a topic some newspapers shy away from
How German Media Covered Cocainegate at The European Patent Office (EPO)
At some point we'll ask that same press to revisit the issue and this time comment on the EPO connection
Our Launch of Techrights Search Has Been Successful (So Far)
There are about 50,000 articles indexed there, going 19+ years back
Daniel Pocock Explains Social Engineering in Debian and Other Communities Increasingly Controlled by "Barons"
Communities are not corporations
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 07, 2025
IRC logs for Friday, November 07, 2025
Rosanna Yuen & GNOME community triple tricked
Reprinted with permission from Daniel Pocock
Adrian & Diana von Bidder-Senn, Debian: detailed history of a death
Reprinted with permission from Daniel Pocock
Crypto AG tricked ETH Zurich student internship
Reprinted with permission from Daniel Pocock
An Old Story of Fraud at the EPO in the Netherlands (and How the Dutch Government Facilitated It)
We've already mentioned several other scandals where the the Dutch government engaged in fraud and passive corruption
Voicing Concerns About European Patent Office (EPO) in Rijswijk
The report is dated yesterday
Gemini Links 08/11/2025: KeePassRX and Pluribus
Links for the day
IBM Layoffs Not Done, Terminations of Staff in India, Brazil, and Mexico Reported
This hopefully answers questions such as, "do the layoffs only impact US and Canada?"