Bonum Certa Men Certa

Alice v. CLS Bank (Alice/ۤ101) Comes to Squash Software Patents Even in Eastern District of Texas

Software patents demolition in the United States

Crane reflection



Summary: The crackdown on software patents is coming along nicely and the Alice case is now being utilised even in the capital of patent trolls

WE RECENTLY gave many examples where Alice demolished software patents [1, 2, 3, 4, 5, 6]. The Alice v. CLS Bank case (at SCOTUS) led even the CAFC (overzealously in favour of software patents and their original endorser decades ago) to -- believe it or not -- overturning decisions/biases. They must all simply obey the new rules/laws and examiners at the USPTO cannot grant patents on software like they used to. It's huge news, even if many news sites continue to overlook these developments (patent lawyers' sites try to counter these worrisome -- to them of course -- developments and precedents using propaganda and cherry-picking of facts).



"Business method patent app[lications] get no respect," says Patently-O's article, according to Richard Beem (patent lawyer). He just says (or whines) that it harms his parasitic business. "The chart above shows the USPTO patent grant rate across a variety of major technology areas," says Patently-O, but notice the reluctance to distinguish software patents from the rest. The survey does not list "software" separately from other things. Therein lies a potentially strong bias, like that of the originator of software patents, Martin Goetz. He recently wrote no less than two articles dismissing altogether the existence of a "software patents" category/classification.

"If this trend continues, then perhaps the trolls epidemic too will stop, not because of some corporate lobbyists who ask for a bogus 'reform' but because of the US Supreme Court."The EFF, taking note of some recent developments, writes about the quick demise of software patents in the US, owing to courts' decisions (each reinforcing predecessors). "With Kafkaesque Flourish," says the title, "the Eastern District of Texas Penalizes Parties for Following the Rules" (we have already written some articles about corruption in Eastern District of Texas courts).

The Eastern District of Texas is the worst court when it comes to patents (favourable to software patents and patent trolls who wield these). To quote the EFF: "In the wake of the Supreme Court’s June 2014 decision in Alice v. CLS Bank, most courts have been quickly and efficiently getting rid of patents that improperly claim “abstract ideas.” In Alice, the Supreme Court held that “abstract ideas,” without more, were unpatentable under 35 U.S.C. €§ 101. According to one source, at least 150 patents have had claims invalidated as “abstract” since Alice. Those accused of infringing these invalid patents have regularly filed motions to dismiss at the outset of a case, having the issue heard before too much time and energy is spent. Courts have, for the large part, embraced these “Alice motions” and invalidated abstract patents as soon as practicable."

Here comes the new part: "Following the Eastern District of Texas’s unconventional rules, the defendants filed a letter asking permission to file their Alice motion. Given the potential for wasted time, effort, and money, the defendants very shortly thereafter filed a motion for a stay of the case while the court decided the issue of whether the asserted patent claims are invalid under Alice. The patent owner did not oppose the motion to stay. Presumably the patent owner also recognized that it was more efficient to hear the issue at the outset, without incurring costs that may prove to be wasted if the Alice motion is granted."

It is nice to see Alice being brought up even in Eastern District of Texas courts. If this trend continues, then perhaps the trolls epidemic too will stop, not because of some corporate lobbyists who ask for a bogus 'reform' but because of the US Supreme Court. Even corrupt courts must sooner or later follow the law to avoid being throughly discredited and potentially abolished.

Recent Techrights' Posts

Microsoft Front Group Starts the Year by Championing Underage (or Child) Labour
the fake 'FSF'
Chatbots Are Not Data-Driven, They're Human-Censored and Rely on Wage Slaves (and Sometimes Unpaid Volunteers)
This is the Microsoft wage slavery
Gemini Links 12/01/2025: No Country For Old Men, Burned Homes, and "Planet P is Clean"
Links for the day
Slopwatch: Brittany Day and Brian Fagioli Are Still at It, Googlebombing "Linux" With LLM Slop (Taking Away Traffic From the Articles They're Plagiarising)
Some more sites that used to cover GNU/Linux have turned into slopfarms
 
Microsoft is Tight With Money: It's About the Salaries ('Cost' of the Workers)
a question of cost, not skill
Google Got People Sort of Addicted to Android So It Can Cash in (Services, App Store, Advertising) Decades Later
This is not software freedom
The Free Software Foundation Reaches 370k Dollars in Funding, Due Date is January 17th When Richard Stallman is Guest of Honour in Lausanne (Switzerland)
Even fellow board members seem unaware of it
Record Lows for Windows (Microsoft) in Botswana
The market share of Vista 11 is seen as going down
Preserving Deleted Articles About Bill Gates Talking Like a Drug Dealer About Computer Users
Now it's 2025. Different challenge.
Links 13/01/2025: Disinformation, Social Control Media Actively Promoting Nazism, and Catchup With Ukraine
Links for the day
TPM Boosters Inside Debian (TPM Isn't About Security, It is About Control Over Users and Their Machines)
We're not rushing to any conclusions
Aaron Swartz Died 12 Years Ago After a Vicious Government Campaign to Stop Him
The Aaron Swartz story is a reminder of the importance of having verifiable/verified information out there for the general public to see
Links 13/01/2025: GitLab Enshittification and Minimalism and Efficiency with Gemini Protocol
Links for the day
Links 13/01/2025: Hardware, Health, and Conflicts
Links for the day
Microsoft Appears to Have Fallen to Only 15% in Maldives
This is a problem for Microsoft
Rumours of IBM Canada Layoffs
We'll keep a vigilant eye on this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 12, 2025
IRC logs for Sunday, January 12, 2025
Bots Covering Debian Releases
It would be quite safe to guess that chatbots were at least partly leveraged for that text
Links 12/01/2025: Microsoft Admits It's Laying Off Staff Only Where Staff is "Expensive" (Race to the Bottom)
Links for the day
[Meme] Being High on Drugs Isn't Happiness (Likewise, Being a "Star" in Social Control Media is Temporary)
Many entities - or people - will regret telling everybody "follow me on Twitter"
[Meme] They Say That RMS Says the "F" Word (Freedom) Too Much...
About 32.7k US dollars are now left for the FSF to raise (in 6 days)
Links 12/01/2025: More Sanctions Against Russia, SCOTUS Signals Fentanylware (TikTok) Ban Will Stay
Links for the day
[Meme] A Jihad Against Servers the User Controls
We need to strive for and work towards greater control by users over "their" servers
Microsoft Azure-Only Bugs in "Linux" Can "Compromise the System."
From ubuntu.com and linux.org a few days ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 11, 2025
IRC logs for Saturday, January 11, 2025
Gemini Links 12/01/2025: DHL Express Does Not Deliver, Oddmuse Update
Links for the day
Links 11/01/2025: Social Control Media Facing Sanctions, Carter Respected at Funeral
Links for the day
If TikTok (China) Has the Rights of American Persons, Then ByteDance Can be Sentenced to Death
TikTok - like Julian Assange - does not enjoy any protections of the First Amendment and since it's not a person it would lack these protections as an American company, too
After a Year of Layoffs in Microsoft Nigeria (and Microsoft in Africa at Large) Windows Falls to New Lows and Bing Falls to 0.46% "Market Share"
Of course Microsoft gave bribes in Nigeria to suppress GNU/Linux adoption
An Important Lesson About Patents and Patent Maximalism (They Drive People and Companies Away)
This previously happened in Texas, where companies perceived their presence (in any form) to be a liability as patent trolls could drag them to friendly courts and win "damages"
When It Comes to Fentanylware (TikTok), a Digital Weapon of a Hostile Entity, Common Dreams is Jumping the Shark Again (Years After It Ran Out of Steam or Money)
Or maybe it likes the agenda promoted (curated) by Fentanylware (TikTok) and its parent company, Bytedance or Chinese Community Party (CPP)
BetaNews is Now Officially a Spamfarm With Phantom Authors and Fake Text (SPAM and Linkspam Made With LLM Slop)
That's it, the site is virtually dead now (maybe that was the plan all along)
Hazem Abbas of medevel is Ruining His Site With LLM Slop
Some of his articles are original, but now everything is suspect
[Meme] Real and Fake (or "several influential "open source" organizations [which] have come to be dominated by large companies")
The Free Software Foundation has not sold out
Free Software Foundation: Anchoring the FSF in its values
Original by Free Software Foundation
GNU/Linux Surges to All-Time Highs in Greenland, Windows Sinks to All-Time Lows
a lot of GNU/Linux gets detected there lately
Microsoft's "Donald Trump First" Doctrine
national deficits growing
Microsoft in Trouble as Azure Breaks and Only Days After Promising Investment in "Datacentres" Construction of Actual Datacentres Paused (Expect More Azure Layoffs Very Soon)
No wonder many people who got trapped inside Azure quit Azure, which keeps bleeding (losses and layoffs)
Gemini Links 11/01/2025: Wildfire, Militia and the Mole, IRC vs Social Control Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 10, 2025
IRC logs for Friday, January 10, 2025