Bonum Certa Men Certa

The Alice Case Continues to Smash Software Patents (This Time OpenTV's); Will the EPO Ever Pay Attention?

The 'magic' of abstract patents is gone

Man pulling strings



Summary: The potency or the grip of software patents in the United States is quickly eroding, but the EPO continues to act as though software patents are legitimate

PATENT lawyers in the United States cannot sigh in relief. Their business prospects are being diminished as the USPTO is pressured to reassess examination guidelines (never mind the cheeky loopholes), in lieu with court rulings on software patents. It's becoming harder to get software patents and even if one gets granted a patent on software, the likelihood of a court honouring such a patent is slimmer.



Patent lawyers who have long relied on the USPTO issuing patents on software are still disseminating tips for getting around the rules and patent software. The following new example, calling the domain "cybertech" (buzzword for computer security) is all about software and it says (courtesy of greedy patent lawyers): "Cybertech companies regularly struggle with the question of whether to patent core algorithms. If those algorithms are discoverable by anyone who examines your product, patent protection is the way to go. Also, your products contain many sub-features. Consider patenting only those aspects that will drive product sales. While most people think of patents as technical documents, really, they are business tools. A patent is only valuable if crafted in a way that prevents others from interfering with your business objectives. Therefore, it is best to strategically consider your innovations by asking: "How necessary is this feature to my prospective competitor?" You should patent only those features that provide strategic advantage to the company."

Actually, increasingly, companies find that US courts, including the most pro-software patents courts and districts (like CAFC and Texas), simply deny software patents. Here is the latest example that we found last night (there are many other such examples, some of which we covered before):

OpenTV patents ‘abstract’ under Alice



OpenTV’s data communication patents in the US are invalid under the Alice Corp decision, a district court has ruled in the Swiss TV technology company’s spat with Apple.

The US District Court for the Northern District of California held on 28 January that the patents were abstract under the Supreme Court’s 2014 Alice Corp v CLS Bank ruling and lacked an inventive concept.

The subsidiary of Kudelski Group, OpenTV, filed the lawsuit against Apple in May 2015, arguing that the iOS and OS X operating systems infringed patents for securely communicating data between devices.

Apple sought to prove that the claims of the patents were abstract and filed a motion to dismiss the case.


US patent lawyers (and full-time software patents propaganda source) say "people like Inventors Digest contributor and patent attorney Gene Quinn, and Jay Walker, who has millions of dollars invested in patent software and related businesses, completely disagree with Cuban." Mr. Cuban turned from investing in a notorious patent troll to fighting against patent trolls and against software patents (explicitly so). He’s definitely not a patent troll. Jay Walker, on the other hand, became little more than a patent troll (we wrote several articles about it) and Gene Quinn we often referred to as "Patent Watchtroll" because he had defended patent trolls, not just software patents. It's rather revealing that patents lawyers and trolls (or people who profit from trolls) are rather anxious.

The United States undeniably moves away from software patents, so when the EPO promotes software patents in Europe it seriously discredits itself. It last did this on Thursday (i.e. three days ago) in Twitter, linking to what we criticised three days ago. The EPO is truly out of control and it needs to be stopped. Patent scope is just one of many dimensions of abuse.

Recent Techrights' Posts

If We Move Everything to Devuan...
IRC, Git, Apache and so on
Campinos is a Lame Duck President This Year at the European Patent Office (EPO)
The strikes are not ending. If anything, they intensify further.
Links 29/04/2026: "Snowden Affair 13 Years Later" and "Landmark Data Center Pause"
Links for the day
 
In Past 6 Months IBM Lost About 100 Billion Dollars in 'Value' While Debt Ballooned to 70 Billion Dollars
Welcome to a universe of fake finances and phony accounting based on fictional assets with made-up 'worth'
Dr. Andy Farnell on Weaponising Morality Against Technofascism and Slop
It's longer than a "tweet", so social control media addicts are likely mentally unfit to read it
Six Months
Techrights will be around (and active) for a very long time to come
Why We Publish "The Corrupt Lecture the Non-Corrupt"
We intend to report the facts, fearlessly, until real and lasting solutions are reached
SLAPP Censorship - Part 61 Out of 200: Garrett and Graveley Must Understand That Reporting Women's Issues in the United States of America (“the US”) is Not Impermissible
when you cover Microsoft corruption and have real effect
Weeks After Mass Layoffs of Red Hat Engineers We Learn of European "Buyouts" and Layoffs at IBM
At Microsoft, they tell us there are merely "buyouts", but they don't tell us what happens if you say "no!"
OS Upgrade Tentatively Scheduled for Tomorrow
We have some contingencies in case the upgrade goes wrong
Links 29/04/2026: LLM Chatbot Usage Goes Down Sharply (as Do Stocks Associated With Them), Microsoft's Circular Financing Accounting Fraud at Risk
Links for the day
Gemini Links 29/04/2026: Returning to an Exodus and Farewell APU
Links for the day
Slop Has a Long Way to Go Before It Gets Basic Facts Right
Please do not rely on slop for anything
The Corrupt Lecture the Non-Corrupt - Part IX - European Patents That Are Illegal (But Serve Non-European Monopolists in Exchange for 'Quick Cash')
People who shamelessly violate the European Patent Convention (EPC) have the audacity to lecture workers on "ethics"
Canonical is Selling You, Ubuntu is a Data-Collecting Platform
Canonical is looking for money in the wrong places
Seems Like Only Techrights Covered IBM Laying Off About 33% of Confluent Staff
How can such a large round of layoffs evade today's media?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 28, 2026
IRC logs for Tuesday, April 28, 2026
Gemini Links 29/04/2026: Bad Diet, New Middle Ages, and Temperature Model
Links for the day
IBM is Already Doing 'Voluntary' Layoffs This Year in Europe ('Buyouts' Ahead of Mass Layoffs)
IBM's efforts to hide or belittle layoffs is noteworthy
Tracing Back the Misuse of the Word "Buyout" to Describe Merciless Mass Layoffs
So we can assume very large Microsoft layoffs are on the way, this time not spun as "buyouts"
Growing the List of Sites That Are Rogue
It's very important to raise and spread awareness of which ones are fake
Links 28/04/2026: Uganda Criminalising ‘Foreign Agents’ and China’s Economy "Starts to Show Cracks"
Links for the day
Anthropic and Claude Are National Security Risks Not Because of Politics But False Marketing and Vandalism, Plagiarism Sold as Innovation
The slop hype is causing severe damage
Like GAFAM, US Telecom Industry Has Severe Debt Problem
Maybe their real problem is true profitability
Gemini Links 28/04/2026: Misfin, ELPiS, and Developing Another Gemini Client
Links for the day
US Government Sites See More Traffic From Apple Devices Than Microsoft Windows PCs
Keep this in mind when Microsoft talks about mass layoffs while calling these "buyouts"
Layoffs Versus Buyouts
Microsoft has mass layoffs and those target the most experienced people in one of the best-paid locations
Latest Example of False Marketing by Anthropic
Like Scam Altman, they're better at buying publicity (paying for hype) than they are at delivering something of genuine value [...] That has the full make-up of fake news and a publicity stunt
IBM: From RAs to "Workforce Re-balancing" (New Names for Mass Layoffs)
Well, "workforce re-balancing" means "RAs", which is a misleading acronym IBM has devised to soften if not hide mass layoffs.
Aaron Hillel Swartz Would Have Turned 40 This Year
Aaron Swartz killed himself in 2013
The Trumps Are Making Jimmy Kimmel More Famous and Popular
Comedy has long been "controversial", but trying to get people sacked for the 'wrong' joke results in having no comedians or only pseudo-comedians who are the dictator's jester/joker
Microsoft's Grip Has Slipped, Market Share Steadily Declining
This is why Microsoft is having financial issue
Links 28/04/2026: Microsoft's GitHub Upselling After Two Leaders Jumped Ship (Losses Pile Up), "Inflation Jumps," and More
Links for the day
SLAPP Censorship - Part 60 Out of 200: Talking About Corruption at Microsoft and Arrest for Strangulation is "Malice"
At the moment Brett Wilson LLP has no new clients
The Corrupt Lecture the Non-Corrupt - Part VIII - "Red Line" When the European Patent Office (EPO) President Sleeps With Sister of "Cocaine Communication Manager" (Whom He Unconditionally Protects)
If only management took its own words (idealistic pontification) seriously
IBM Laying Off Thousands of Workers Again, Based on Q1 Earnings Call
under the guise of "workforce rebalancing" we are again seeing that IBM plans to pay people (severance) to leave
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 27, 2026
IRC logs for Monday, April 27, 2026
Gemini Links 28/04/2026: Good Sunrise Viewing and Self-hosting from Home
Links for the day[1;5C
Microsoft Insiders: If You Don't Take the Lousy Severance-Like Offer, They'll PIP You Out (Microsoft Signals to People Over 40 That They'd Better Vacate the Place)
Microsoft targets its most experienced (read: expensive) workers
"AI" 16 Times in One 'Article'. The Register MS Got Paid to Post This Spammy, Promotional Piece of Slop.
Pay closer attention to who pays and who gets paid
Links 27/04/2026: Chernobyl Disaster at 40, "Heartbreaking" Decline of Australia
Links for the day
Gemini Links 27/04/2026: Gopher Catchup, MNT Reform, and Injuries
Links for the day
Red Hat Circling Down the Slop Drain
IBM, governed by slop fanatics, is going to do a lot of damage
Slop is an Addiction, Its Users Find It Addictive
please do not tolerate people who slop
The Corrupt Lecture the Non-Corrupt - Part VII - Secrecy at the EPO (Regarding Cocaine and Nepotism) Has Undermined Trust in Management
If Europe's second-largest institution is run by the "Alicante Mafia", does this mean that other key European institutions are "Mafia"?
SLAPP Censorship - Part 59 Out of 200: Mentioning the Fact Alex Graveley Arrested and Charged for Strangulation in Texas is "Reckless" and "Malicious", According to His 'Hired Guns' in London
it was framed as "malicious"
Links 27/04/2026: Strikes, Corruption in Spain (Spanish PM Sanchez' Wife), and YouTuber Faces Jail Time
Links for the day
Gemini Links 27/04/2026: Gopher Catch-up, Year of Contentment, and Path to Freedom
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026