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

Intercontinental Brigading - Part VI - Racism Against Blacks
Systems don't always work as intended
Trillions of Dollars in Debt Are Not "Investment", More People Realise This Now
"Investors started offloading shares on Wednesday in response to an X post about the debt load of CoreWeave Inc..."
 
Slop is "just a hobby, won't be big and professional like GNU."
What Torvalds says about "hey hi" ("AI") does not prove he is in charge
Gemini Links 18/10/2026: Movies, Greenland, and Detectors of Slop Plagiarism
Links for the day
Links 18/10/2026: TikTok Censors Criticism of MElon, "Trump’s Latest Attempt to Be the King", and "Big Tech Oligarchs Have a Terrible Plan for Humanity"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 17, 2026
IRC logs for Saturday, October 17, 2026
Gemini Links 17/10/2026: Big Glowing Advertising Screens, Busy October, and Art
Links for the day
The First Casualty: The Reputation of Linux Developers (and of Linux)
The last thing you can take from a person is pride
Links 17/10/2026: Europe Divorcing US President Putin (Kompromat), MElon and Kapo-berg ("Meta") Buying US Elections Again
Links for the day
GAFAM LLMs Seem to be Causing Veteran, Experienced Linux Developers to Quit, Only to be Replaced With GAFAM Bots and Unaudited Slopfest 'Code'
Better than 'pulling a SCO'?
30 Years of KDE and "Project Banana"
KDE recently turned 30 (many blog posts about it this past week)
Inevitable Things
"Bitbucket was Inevitable"
Andy's Passing Thoughts on Media Dying, Not Reporting News (Even Critical News About Itself)
No more news
Stallman Was Right About Torvalds
The crowd/audience Linus Torvalds panders to is paid by GAFAM to go attend and dominate (speak at) LF events. They're people whose employer forces them to use slop, it's inorganic.
Links 17/10/2026: "Why Math Dumped OpenAI", US Third Circuit Has Confirmed LLMs and Other Slop Constitute Plagiarism or Copyright Infringement
Links for the day
GPL Was Right (About Hoarding, Now Automated With Plagiarism Blenders)
Some time next year the UK's High Court might listen to arguments related to this
Microsoft Allegedly Asks Many Workers to Leave at the End of This Year (or Get the Boot), It's Called Voluntary Exit Program a.k.a. Voluntary Early Retirement Program (or VEP) Even for People Far Too Young to Retire
"Everyone at Microsoft knows what those acronyms mean."
The Torvalds-led Slopfest as a Reminder to Pursue Software Freedom, Not Plagiarism Endorsed (for Money) by 'Linux' Foundation
What's happening this month moreover proves that he is not in control of important decisions in his project
Why We Never Got Back to IPFS
Practically speaking, we could get back to IPFS any time
Red Hat Silent Layoffs: October 1 Bluewashing, Then Leaving IBM Altogether
It's said that weeks from now there will be another "round" (of "RAs")
Gemini Links 16/10/2026: Metrovision, Smartwatches, and Rekindled Love for Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 16, 2026
IRC logs for Friday, October 16, 2026
Intercontinental Brigading - Part V - Keeping Linux Under Users' Control, Not Microsoft's (NSA) Control, Leads to Weaponisation of Cops (Killing the Messengers)
Transatlantic lawfare
TeamBlind Accused of Censorship, Maybe Surveillance in the Future
It's expensive to protect whistleblowers and to resist censorship of what whistleblowers try to expose
Another Friday 'Litter' of IBM Workers, Discarded and Sometimes Replaced to Cut Costs
The little that IBM earns is spent buying companies to pretend there's "growth" and headcount stability
Gemini Links 16/10/2026: Carrie, Games, and Slop
Links for the day
Links 16/10/2026: Election Interference by Slop; White House Backs Russia, Not Ukraine
Links for the day
The Register MS Has New 'Article' That Has "AI" 20 Times. "SPONSORED POST" As Usual.
At the end, both the media and the pyramid scheme will collapse
UK's Competition and Markets Authority (CMA) Says Microsoft is Still Abusive
Today, ahead of the latest fake 'results' [...] Microsoft cheats the system everywhere it can
Links 16/10/2026: "Data Centers Are Driving Conservative Rural Voters to The Democratic Party En Masse" and Slop Bros Bribe Candidates "for Congress"
Links for the day
Deplatforming People You Disagree With Is a Losing Strategy
Trying to deplatform people you don't agree with is oppressive and petty
Microsoft Cannot Pay Salaries
Microsoft is deep in debt
IBM "support that is USA based will migrate over 4 years to Indian based just because it lowers costs substantially."
IBM is not capable of growing, so it tries to find ways to shave off costs
Gemini Links 16/10/2026: Publishing and Licensing, Going to Movies, and Nature/Seasons Change
Links for the day
Microsoft's OSI Calling Slop "Open Source AI" (Microsoft Paid OSI to Do This) Has Helped Associate "Open Source" With Pedophilia
Microsoft deflecting?
Fridges Do Not Need an Internet Connection
Keep it simple, stupid (KISS)
Wikileaks Still Matters
The world needs more sites like these
'Cocaine King' Campinos Should 'Get the Message', Pack Up His Things and Go Already
His staff is constantly on strike and engaged in various industrial actions
We Don't Do Slop
People tend to appreciate genuine work, not fakes
On Lying With Confidence
LLMs are hype
Market Share of Windows in the United Kingdom is Shockingly Low
Microsoft's losses are very profound
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 15, 2026
IRC logs for Thursday, October 15, 2026
Microsoft Can Barely Afford to Colonise Africa Any Longer (Too Much Debt)
"Before the announcement, former Microsoft employees publicly described staff being placed on performance improvement plans or offered “voluntary” exits."
Intercontinental Brigading - Part IV - Harassment Registered With the Police Before Projection Attempts Made From America
The thing one gets subjected to for opposing back doors in Linux
Gemini Links 16/10/2026: Dogs, Slop, and Blogging
Links for the day