Bonum Certa Men Certa

Apple Makes Use of Alice v. CLS Bank (Alice/ۤ101) to Invalidate Software Patents, But ITC Pretends Nothing Happened

Suddenly software patents don't suit even Apple's agenda all that much...

Apple



Summary: Another blow for software patents in the United States (US) as even a company that notoriously exploited them to impose embargoes on Linux (Android) devices is finally finding these patents unsuitable

THE USPTO has been thoroughly impacted by the US Supreme Court (SCOTUS), for a ruling from last summer meant that a lot of patent applications, especially ones that pertain to software, are no longer eligible and should thus be rejected/discarded. Techrights believes that Alice v. CLS Bank can gradually pave the way to a world free from software patents and that without this case, software patents would only gradually expand and become universally acceptable.



"Techrights believes that Alice v. CLS Bank can gradually pave the way to a world free from software patents and that without this case, software patents would only gradually expand and become universally acceptable."The Alice case, which continues to squash a lot of software patents (those that are being tested in a court of law), changed the game and even Apple, a leading foe of Linux and Free/libre Open Source software, is now using Alice in order to squash software patents (those which are asserted against Apple). According to this article from Florian Müller: "The Apple v. Ericsson docket in the Northern District of California was worth taking another look (after quite a while): two weeks ago, Apple brought a motion for summary judgment of invalidity of two patents asserted by Ericsson in its counterclaims to Apple's declaratory judgment complaint, and the motion is entirely based on 35. U.S.C. €§ 101 in light of last year's famous (or infamous in the eyes of patent attorneys) Alice ruling by the Supreme Court on patent-ineligible subject matter..."

Patent Buddy took note of these patents [1, 2] and we wish to remind readers of our recent post about patent trolls in Europe and Ericsson's troll, Unwired Planet.

"Maybe the folks at the ITC think they're above the law, even above the Supreme Court."The fascinating thing here is that even Apple, which is attacking users with software patents (embargoes, feature removal, price hikes) and maliciously spying on users, is making use of the Alice case. But perhaps the most interesting article today concerns the United States 'International' Trade Commission (it's not really international, it's nationalistic and biased; it's often used by Microsoft and Apple to ban Android devices), which according to patent lawyers remains reluctant to take account of the Alice case. Maybe the folks at the ITC think they're above the law, even above the Supreme Court.

"Outside of the ITC," wrote the author, "defendants have been increasingly successful in challenging the patentability of asserted claims under Section 101. Recent decisions by the Supreme Court and the Federal Circuit have clarified, and arguably narrowed, the scope of patentable subject matter, and have repeatedly urged district courts to resolve any Section 101 defenses as soon as possible. At the ITC, however, this defense has rarely been asserted, and has only once been successful since Bilski. Nevertheless, ITC practitioners should expect to see more of these defenses in the near future, and there are interesting, open questions surrounding how the ITC will interpret and implement the Supreme Court’s decisions on this issue."

"The injunctions are so biased that it's just too hard to ignore."We have been vocal critics of the ITC and its dubious practices since the Bilski days, so this one is yet another example for our list. It often seems like all that the can ITC offer is protectionism for US (mega)corporations, not justice. The injunctions are so biased that it's just too hard to ignore.

"Software patents have been nothing but trouble for innovation. We the software engineers know this, yet we actually have full-blown posters in our break-room showcasing the individual engineers who came up with something we were able to push through the USPTO. Individually, we pretty much all consider the software-patent showcase poster to be a colossal joke." —Kelledin, PLI: State Street Overruled... PERIOD

Recent Techrights' Posts

Inclusion of Dissent and Diversity of Views (Opinions, Interpretations, Scenarios)
Stand for freedom of expression as much as you insist on software freedom
Jonathan Cohen, Charles Fussell & Debian embezzlement
Reprinted with permission from disguised.work
GNU/Linux Continues to Get More Prevalent Worldwide (Also on the Desktop)
Desktops (or laptops) aren't everything, but...
 
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Examining Code of Conduct violations
Reprinted with permission from the Free Software Fellowship
Ruben Schade's Story Shows the Toxicity of Social Control Media, Not GNU/Linux
The issue here is Social Control Media [sic], which unlike the media rewards people for brigading otherwise OK or reasonable people
Upgrading IRCd
We use the latest Debian BTW
The Free Software Community is Under Attack (Waged Mostly by Lawyers, Not Developers)
Licensing and legalese may seem "boring" or "complicated" (depending on where one stands w.r.t. development), but it matters a great deal
Grasping at Straws in IBM (Red Hat Layoff Rumours in 2024)
researching rumours around Red Hat layoffs
Who is a real Debian Developer?
Reprinted with permission from Daniel Pocock
Links 16/04/2024: Many More Layoffs, Broadcom/VMware Probed (Antitrust)
Links for the day
Links 16/04/2024: Second Sunday After Easter and "Re-inventing the Wheel"
Links for the day
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Links 16/04/2024: Levente "anthraxx" Polyák as Arch Linux 2024 Leader, openSUSE Leap Micro 6 Now Alpha, Facebook Blocking News
Links for the day
Where is the copyright notice and license for Debian GNU/Linux itself?
Reprinted with permission from Daniel Pocock
Halász Dávid & IBM Red Hat, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Apology & Correction: Daniele Scasciafratte & Mozilla, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Next Week Marks a Year Since Red Hat Mass Layoffs, Another Round Would be "Consistent With Other Layoffs at IBM."
"From anon: Global D&I team has been cut in half."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 15, 2024
IRC logs for Monday, April 15, 2024
Links 15/04/2024: Navartis, AWS and Tesla Layoffs
Links for the day
Gemini Links 15/04/2024: YAML Issues and Gemtext Specification 0.24.0
Links for the day
Richard Stallman to Give Public Talk in Portugal on Wednesday
new addition to his page
Richard Stallman's Hair Has Grown Back and He Does Not Talk About Cancer
May he live a long and happy life
New Video of Richard Stallman's Talk in Italy (Delivered a Week Ago)
a working copy of the video
Microsoft Windows Falling to New Lows in the United Kingdom and Worldwide
What's noteworthy here is that there's no sign at all of a Windows rebound
[Meme] Quantity of European Patents
they've rigged the system to make more money
Why do free software organizations eliminate community representatives?
Reprinted with permission from the Free Software Fellowship
[Teaser] Freenode LTD: What Happened
Upcoming series based on insiders' account with evidence
Links 15/04/2024: Signs of Desperation at Microsoft and Tesla Employees Brace for Mass Layoffs (Update: Yes, Over 10% at Tesla Laid Off)
Links for the day
Matthias Kirschner & FSFE People Trafficking, coercion of volunteers
Reprinted with permission from the Free Software Fellowship
Gemini Links 15/04/2024: Profectus Alpha 0.4 and RPG of One Capsule Progress
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 14, 2024
IRC logs for Sunday, April 14, 2024
Oceania: GNU/Linux Measured at Lower Than the International Average (4% or 7% Including ChromeOS)
statCounter's data
Human Rights Tribunal of Ontario (HRTO) Does Not Wish to Become an Instrument of Cost-Free Harassment or 'Cheap Revenge', It Says "Justice is Not Free. Quite the Contrary. Justice is Expensive."
Long story short, there is no lawsuit, there is a just a hateful, lying idiot abusing "the system" (which this idiot rejects entirely)