Bonum Certa Men Certa

How Patent Lawyers Cover Alice v. CLS Bank (Alice Case/€§101)

The Christopher Moncktons of the (patent) world...

Christopher Monckton



Summary: Introducing the notion of Alice denialists in relation to many patent lawyers, who (at risk of over-generalising) make money from patenting software and conveniently deny the consequence of Alice v. CLS Bank, even in the face of strong evidence

IT IS impossible to deny that SCOTUS has had major impact after Alice, more so than after Bilski. Only a chronic denier would say that SCOTUS did not change anything, with factual evidence of even pro-software patents courts like CAFC (where software patents got started) having to invalidate software patents and the USPTO altering guidelines for patent examiners accordingly.



"The denialists profess, as they have for about a year and a half, that nothing has changed and they bamboozle their clients accordingly, in order to protect the flow of money."Allegedly invoking the Holocaust to strongly denounce people who belittle or deny human impact on the weather, despite strong scientific evidence and often because of a massive PR campaign (like the EPO's €880,000 reputation laundering campaign) from fossil fuel/coal industry moguls/magnates like the Kochs, some of those who deny the undeniable are now called global warming denialists. Likewise, in the patent lawyers' circles, we now have Alice denial. The denialists profess, as they have for about a year and a half, that nothing has changed and they bamboozle their clients accordingly, in order to protect the flow of money.

Along the lines of global warming denial, this is a new form of Alice denial (denying the impact on software patents), as just published in IAM.

"They think of what's more profitable for them (i.e. expensive for the client), not what's most economic and sensible for the client."It's not an isolated example. In another lawyers' site, the Microsoft-connected patent aggressor Finjan is mentioned by Orrick, Herrington & Sutcliffe LLP. These US-based patent lawyers only ever speak out about Alice when they can defend software patents. It's cherry-picking of data or selective coverage, much like the data which global warming denialists prefer to rely on. This new article says that "[t]his goes to show that despite the significant shift that has occurred since the Alice decision, all hope is not lost for plaintiffs asserting patents in the software space."

Tone of positivity in favour of software patents wouldn't be helpful to their clients. Then again, that's how a lot of lawyers operate (especially the ones I've had displease working with). They think of what's more profitable for them (i.e. expensive for the client), not what's most economic and sensible for the client.

"Maybe it's time for us not just to coin the term but also use the term Alice denialist, meaning one (usually a patent lawyer) who continues to deny the post-Alice reality, often lobbying to change it while misleading clients in the interim."Samsung has just been forced to pay obscene amounts of money to a super-wealthy company [1, 2] because of patents. What kind of justice is that?

Maybe it's time for us not just to coin the term but also use the term Alice denialist, meaning one (usually a patent lawyer) who continues to deny the post-Alice reality, often lobbying to change it while misleading clients in the interim. Alice denialists show a lot of the same characteristics of global warning denialists.

In other noteworthy news, the Wall Street media (Bloomberg) now writes about patent monopoly on ‘green’ energy. Here is how Bloomberg put it:

The U.S. is currently experiencing a boom in clean energy patents, but in interviews with Big Law Business, several experts expressed skepticism that this will lead to an increase in frivolous patent litigation.

On the contrary, they said clean energy patents are unlikely to wind up in the hands of patent trolls, also known by their more technical name, non-practicing entities — essentially, companies that amass patents for the purpose of filing infringement lawsuits.


Several such fake companies, trolls and parasites are backed (for profit) by Bill Gates, who at the same time invests a lot of money in fossil fuel companies which sponsor global warming denial (we covered this many times before). These patent trolls actively discourage the use of 'green' or sustainable alternatives to fossil fuel. There are some areas where patents are evidently a threat to the planet, not just to human health.

Patent maximalism can, in the long term, undermine the whole system. Patent maximalism is what happens when patent lawyers -- not scientists -- steer the system and sacrifice quality. Limiting patent scope to what's rational based on evidence is a way to protect (through reformation) this system. We object to software patents (abstract), not every kind of patents.

“Your faith is what you believe, not what you know.”

--Mark Twain

Recent Techrights' Posts

Former Debian Project Leader Branden Robinson Cautions Against Cover-up and Censorship in Debian
Debian drama. Again.
It's Friday Again and Many People Leave IBM for Good (IBM Should be Reported for Illegal NDAs That Hide Layoffs)
we very seldom see anyone deviating a lot from the "template-like" narrative, let alone mentioning "layoffs" or "RA" or some other term that implies non-consensual departure
What Do People Ever Buy From Microsoft Anyway (Not PCs)?
Microsoft sells two things these days: 1) vapourware/promises. 2) its stock.
Gemini Links 20/02/2026: "Mainstream Unix, Underground Unix", Slop Staging DDoS Attacks Against Small Sites
Links for the day
IBM Inclusivity: Red Hat Summit is for Rich Sponsors Like Microsoft and Rich Guests Who Pay $500 a Day
Nothing signals societal tolerance more than paying a large military contractor
 
GNU Linux-libre is a Grown-Up Today
"before that, every distro that wanted to respect its users' freedom had to remove itself all of the binary blobs that were distributed as part of the kernel Linux's so-called sources"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 20, 2026
IRC logs for Friday, February 20, 2026
Gemini Links 21/02/2026: "The Evil of Action" and Slop Bots Causing Great Harm Online (Not Just the Web)
Links for the day
Like a Shell
Overreactions can backfire
Not Only Leaders of XBox Got Sacked (Layoffs)
Phil Spencer and Sarah Bond got laid off
9PM on a Friday Night: Microsoft Says the Layoffs Are Not Layoffs
We've said for a long time that XBox is doomed this year
Gemini Links 20/02/2026: Misfin Server and Magic in Programming
Links for the day
analytics.usa.gov Reckons Windows "Market Share" Fell to Just 38%, Vista 11 Not Even a Third of Windows Users
This coming summer Vista 11 turns 5
The New Digg.com is Slop
Slop "summaries" and Serial Sloppers are drowning out the site with fake 'articles' (plagiarism)
Linus Torvalds: Bill Epsteingate Good Enough for Me to Wine and Dine With
Torvalds is more connected to Jeffrey Epstein than Richard Stallman ever was
Our Uptimes Are Always Better Than Any Site That Uses Clownflare
Clownflare as a company operates like a cult
GNU/Linux Apparently Rose to 6% in Uzbekistan
If accurate, this represents a new problem for Microsoft and a big win for Software Freedom
Sponsored Videos and 'Articles' in The Register MS, Stenography as a Service/Product
They should more accurately label these actors
The Little Clique of Sloppers/Spammers About "Linux" Got Even Smaller
Thankfully there are still genuine and legit GNU/Linux sites out there
Links 20/02/2026: Microsoft Intentionally Kills Older Hardware, "The Story of XBox" Shows How Defective Microsoft Hardware Really Was
Links for the day
Turkmenistan One of Many Countries Where Microsoft Fell to Distant Third in Search
We expect many layoffs in Bing some time soon
Don't Wait for "Red Hat Layoffs" Because After Bluewashing They're IBM RAs and Don't Wait for "IBM Layoffs" Because They're Perpetual
IBM layoffs are silent and "forever" (small trickle that never ends and is widespread - after all IBM is a very global and ubiquitous firm)
Links 20/02/2026: Standards, Science, and Politics
Links for the day
GNU/Linux Adoption is Higher in Richer Countries
Is it because freedom is actually expensive - something that only privileged people can pursue?
Links 20/02/2026: Windows TCO Versus Deutsche Bahn, Europe Seeks More Independent Digital Future
Links for the day
IBM, Red Hat and Fedora: Don't Say "Master", It Offends People. Also IBM, Red Hat and Fedora: "Master Podman".
The hypocrisy at Red Hat and Fedora shows no boundaries
IBM Layoffs Aren't Just in IBM 'Proper'
Who is still using Lotus after the HCL move?
The Register MS Gets Paid by Gartner to Promote a Ponzi Scheme for Gartner, Microsoft, and Others
The credibility of that site will suffer because it tries to sell a major scam to its audience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 19, 2026
IRC logs for Thursday, February 19, 2026
Gemini Links 19/02/2026: "Towards a Gemini Famicom Resource" and Dumping Microsoft
Links for the day
IBM Behaves Like a Company Looking for Loose Change Between Sofa Cushions
Chasing laid-off workers for dollars and even pennies, making excuses and devising loopholes (such as PIPs) to flout severance obligations
Microsoft Found Another Bailout Opportunity: Killing People
Good thing that Nadella is not racist!
No "Smart Mobs" (Social Control Media) in BRIC?
It looks like the "Social" "Media" sites tracked by statCounter see little from (or of) BRIC, and moreover it is declining fast
The Few Slopfarms We Saw Today
The sentiment has changed a lot
Links 19/02/2026: Protecting Framework Laptop 13, Hardware Drive Shortages
Links for the day
In Africa's Second-Largest Nation, Democratic Republic of the Congo (DRC), Opera 10 Times Bigger Than Firefox (and GNU/Linux Now at 5%)
This will become an accessibility problem
Links 19/02/2026: "A.I.pocalypse" Inevitable and "Butlers to LLMs"
Links for the day
An Inherently Royal (Monarchs') Legal System Where Size Matters (Big Capital Eats the Small)
This reinforces the notion that justice is only for those who can afford it
These Statistics Should Keep Microsoft Shareholders Awake at Night
Windows is, in general (all versions collectively), declining over time
Economic Failure and Other Harsh Realities Have Nothing to Do With Slop 'Innovation'
Advanced propaganda, not advanced 'AI' [...] They attack workers while insulting their intelligence
Spaniards Shutting Down MElon's Digital Weapon of "Smart Mobs"
Are the Spanish people already acting based on gut feeling and shunning/shutting out the provocation vector?
Bitcoin: government engagement contradictions
Reprinted with permission from Daniel Pocock
Richard Stallman in the United States - Part II - "Haters Gonna Hate"
we shall carry on with this series at the right pace
Typical! Solicitors Regulation Authority (SRA) Tells Victims of Fraud to Wait 10 Weeks
justice delayed is justice denied
EPO Union Leaders in Rijswijk Explain Where EPO Strikes Stand and How to Prepare for Next Week's
We have some revelations to share in a few days
statCounter: Only One in 350 Iranians Would Use Microsoft for Web Search
Microsoft is trying to fake "demand"
Slides Shown a Week Ago by the EPO's Staff Committee Ahead of the Second Very Large Strike
This coming weekend we'll drop a 'bombshell' of sorts
EPO "Cocaine Communication Manager" - Part II - Illegal Drug Addicts Mobbing the Wrong People, This Will Definitely Backfire
This year may well be the last year of Team Campinos. Nobody will hire them after that.
Mass Layoffs (But Silent Layoffs) Still Happening in IBM, You Need Only Look Closely (There Are NDAs, PIPs, 'Early Retirement' Sweeteners and IBM - Like Microsoft - Skirts the WARN Act)
the layoffs are definitely happening
Microsoft's "AI CEO" (Slop Propagandist) is Projecting, Many Microsoft "Jobs to be Replaced With All-Indian Low-Paid Staff in 12 Months"
Windows is perishing
Very Little Slop
We are not finding much slop anymore
Links 19/02/2026: Illegal Kangaroo Court for Patents Attracts Aggressive Firms, Public Domain Review Grows
Links for the day
Gemini Links 19/02/2026: Taxing the Rich, Raspberry Pi 4 Tinkering
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 18, 2026
IRC logs for Wednesday, February 18, 2026