Bonum Certa Men Certa

As Demise of Software Patents (and More) in Line With Alice/Section 101 Accelerates, Hashtag #AliceStorm Introduced to Highlight Examples

In Lieu of Decades of Bad Practice

Bilski Blog chart
Credit: Bilski Blog



Summary: The so-called 'AliceStorm' is eliminating software patents (and other abstract patents) at an alarming (to patent lawyers) rate

LAST WEEK we wrote about Michelle Lee's remarks on patent law, conjoined with the report about the Alice case beating Microsoft's patent troll, Intellectual Ventures. Lee's remarks were important because she is now the leading face of the USPTO (no matter her job title) and Alice is killing software patents very fast, impeding Microsoft's attacks on Free software in the process. It was only four days ago that we last cited a new example where Alice slaughtered software patents, paving the way (by citation or argument/strategy) for future legal cases where software patents are at stake. This is one of the most fantastic developments that Techrights has seen in nearly a decade and if Groklaw was still active, it too would be jubilant (it partly celebrated the Alice ruling in News Picks, coming back to life after less than a year of total silence).



"Lee is finally recognising that everything has changed and therefore the USPTO needs somewhat of an examination overhaul, for courts almost always disagree on software patents granted by the USPTO."Michelle Lee now claims that the USPTO needs more Section 101 guidance, based on this patent lawyers' site. Lee is finally recognising that everything has changed and therefore the USPTO needs somewhat of an examination overhaul, for courts almost always disagree on software patents granted by the USPTO. Just look at the statistics.

According to Patent Buddy, this new ruling [PDF] is yet another victory. "Another case where application of Alice/101 to kill patents has jumped the fence from business methods to software," to quote Patent Buddy, who added: "We are seeing 101/Alice rejections for everything from MRI devices to adhesives!" According to another new find from Patent Buddy, "US Pat. 6728877 and 7346766 Killed with 101/Alice in Summary Judgment in Lawsuit Against Lenovo by Tranxition in Oregon Dist. Ct."

This isn't being overlooked, except by patent lawyers who probably hope that nobody will pay attention. They cherry-pick the few cases where software patents somehow survive. Here is a software patents' booster whining about this. He wrote: "Deals are still being done in the software patent world, but patent valuation is significantly less than even just a few years ago."

It's hardly shocking.

"The Alice/101 Kill Rate Is Accelerating," Patent Buddy added, linking to a "MUST READ From Bilski Blog" where Robert R. Sachs coins (or advertises) the word/hashtag "AliceStorm". To quote Sachs: "In just the first ten days of July, there have been ten decisions on patent eligibility—more decisions in first ten days of any month since Alice was decided last year. At this pace, we could see some twenty to thirty decisions this month. #AliceStorm is accelerating."

It sure looks like even some of the most respected legal blogs (like Bilski Blog in this case) recognise that software patents are weakened by Alice orders of magnitude more often then they were weakened (or invalidated) by the famous Bilski case (it did happen albeit very infrequently).

Recent Techrights' Posts

European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
 
Bruce Schneier Was Probably Wrong About Slop
Right now politicians who openly speak in favour of slop are committing "political suicide"
SLAPP Censorship - Part 106 Out of 200: 100 Kilograms of Legal Papers
When one party's communications and filings weigh at about 3 KG of paper and another's... at about 100 KG of paper
Links 14/06/2026: More Google Layoffs, Wall Street Deems Companies That Lose Money "Worth" Trillions
Links for the day
Gemini Links 14/06/2026: "The Universe is a Hologram", "Matrix Brain Download", and "Happy 0th Year"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026
Links 13/06/2026: University of Nottingham Confirms Data/System Breach, Courts Fuming at Fraudulent Lawyers Who Fling LLM Slop at Them
Links for the day
Gemini Links 13/06/2026: World Cups and 做人
Links for the day
Microsoft's XBox "Bloodbath" Seems to Have Already Begun (Informally), Studios Allegedly to Face Shutdowns, Layoff Notices Handed Out, 100% Layoffs in Some Cases, 10% in Others or on Average
So is a complete closure/shutdown imminent? (Compulsion Games in this case)
Discussing Morale at IBM and Conversations Regarding IBM Layoffs (Disguised as Other Things)
Trolling can be a form of censorship
European Patent Office (EPO) Series: All the President's Men
Gilles Requena,Patrice Pellegrino, and Sandro Mendonça
SUEPO Elections Coming Up, Union Leaders at Europe's Second-Largest Institution (EPO) to be Determined Soon
The staff union of the European Patent Office (SUEPO) is having an election soon
SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026