Bonum Certa Men Certa

Software Patents in the US -- When Properly Challenged in an Age of Extreme USPTO Leniency -- Simply Die

The unprecedentedly low examination bar at the US patent office made a lot of software patents suspect or altogether bogus

Rubber stamps



Summary: Stamping-happy examination when it comes to software patents takes its belated toll on applicants, who see their patents either invalidated or massively devalued after the US Supreme Court (SCOTUS) weighed in

"The definition of a Patent Troll is quite simple," wrote one person earlier this week, echoing what some use to define "PAE" these days. It's "any company that makes the majority of its money using patents by threatening litigation."



That's exactly what "Microsoft licensing" is doing. Microsoft now has its own in-house patent troll, or PAE, which we wrote about in the previous post.

"That's exactly what "Microsoft licensing" is doing. Microsoft now has its own in-house patent troll, or PAE..."Fortunately, the tool of most trolls (or PAEs) is on the rocks because of Alice. Software patents just can't stop dying, both in PTAB and in the courts. The USPTO nowadays allows virtually anything to be patented (the EPO too should watch out and treat it as a cautionary tale), but just because a patent is granted doesn't mean it's valid if/when properly challenged, especially if this patent covers software.

"This PTAB decision invalidating IV patent claims under 101 is deranged," wrote a patent lawyer, linking to this decision against Intellectual Ventures, Microsoft's and Bill Gates' patent troll, as well as the world's biggest patent troll.

"The only good software patent is a dead one.""The Sibling Patent to This One," added this lawyer (citing patent #9050977), "Did Get a 101 Rejection" or as this tweet puts it: "This reads like an un-patentable mental process that drivers do-just "done on a computer". http://www.pat2pdf.org/patents/pat9290181.pdf" [patent #9290181]

The only good software patent is a dead one. Another new example of a dead software patent is this one. To quote the Docket Report blog:

In a final written decision, the Board found claims of an electronic content distribution patent unpatentable under 35 U.S.C. €§ 101. "The ’464 patent describes that electronic publications were commonly replicated in computer-readable form on magnetic or optical storage diskettes and distributed to retails stores or by direct mail sales. Thus, the concept of distributing electronic information products (content) was known prior to the ’464 patent. Further, we agree with Petitioner that distribution of publications (versus electronic publications), has long been known. . . . . [W]e determine that the claims are directed to the abstract concept of distributing electronic content, or more specifically, to selecting, transporting, storing, and displaying electronic content."


It is nice to see news like the above because it not only devalues existing software patents but also reduces the incentive to file applications for new ones. Will SCOTUS do the same to design patents soon?

Apple-Samsung Case



"Unlike Apple, these Asian company actually produce things, not just advertising and refining their logos."Vis-à-vis design patents and software patents at SCOTUS, following perhaps thousands of media reports such as this, IDG served to confirm what Florian Müller had foreseen, namely this. From the IDG story: "Judge Lucy Koh is concerned that the outcome of the trial could be questioned after a Supreme Court review" (excerpted by Müller).

Will there ever be peace? Well, that all depends on Apple, which started this whole war with its patents on software and design (usually software GUI). Here is what happens among Asian companies like Samsung right now: "Midea and Toshiba announced last week that they had signed a memorandum of understanding for a deal which would see China’s largest home appliances manufacturer acquire the majority of the Japanese tech giant’s white goods business." Unlike Apple, these Asian company actually produce things, not just advertising and refining their logos. Apple now spends a lot of money on patent lawyers; no wonder the products are obscenely overpriced (costs associated with endless advertising and patent lawyers get passed down).

Recent Techrights' Posts

[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
 
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work