Bonum Certa Men Certa

Patent Lawyers' Marketing Dominates and Marginalises Meaningful Analyses of Software Patenting in the US

On demand
Confer demand generation or artificial demand



Summary: In an effort to create demand for software patents again, patent lawyers produce a huge heap of so-called 'analyses' which piggyback just one single decision (the exception, not the norm)

OUR previous article, which criticised IAM for meddling in Asian 'IP' policy (despite having no writers at all who are oriental), deals with a broader kind of issue. The media is occupied/dominated by people whose interest (or business model) is not to inform but to promote sponsors' agenda. Here we have IAM's Ellis on Alice, bemoaning what he calls "[a]n increasingly anti-patentee environment in the United States," arguing that it "means that patent monetisation-focused businesses [i.e. patent trolls] are finding life tougher today than in years gone by." Remember that IAM is being paid by patent trolls.



"Consider the fact that the main source of funding to IAM is indeed patent lawyers, or their firms at least (they are also quite likely the subscribers, i.e. those who pay IAM for periodic placements, for overpriced 'magazines', and for bias)."Ellis speaks as though he is a patent lawyer infatuated with software patents, or patent maximalism in general (a growing problem at the USPTO). Consider the fact that the main source of funding to IAM is indeed patent lawyers, or their firms at least (they are also quite likely the subscribers, i.e. those who pay IAM for periodic placements, for overpriced 'magazines', and for bias).

Alice is universally accepted as a good thing, both by software developers and ordinary customers who buy products. It's only patent lawyers and few monopolists like IBM who bemoan Alice. Earlier this month we cited dozens of so-called 'analyses' from all sorts of patent lawyers. They suddenly woke up and made a lot of noise because of one single case. What patent lawyers call "analysis" is usually marketing, in the same way that 'studies' are lobbying (it's selling something, it's not a public service).

Watch how patent lawyers still latch onto one single CAFC case in a desperate effort to revive software patents in the US while the USPTO takes advantage of the situation as well (see Michael Best & Friedrich LLP's 'article' also). The most vocal propaganda site of software patents wants to push Congress towards abolishing Alice altogether, as one might expect. It's clear that SCOTUS won’t be changing its ruling (on Alice or any case like it) any time soon (based on lists of upcoming cases), so the patent lawyers are in panic mode and they bombard the media with articles about TLI Communications (latest examples are in [1, 2]) and Enfish (this new one is from Mark Patrick of Sheppard Mullin Richter & Hampton LLP).

"They're distorting the record in order to help them sell their 'services'."Where are software developers in all this? Patent lawyers are cherry-picking cases for software patents lobbying again (see "Good News for Software Patents?") and Fox Rothschild LLP is trying to salvage software patent in the US (because they're still dying) using this fine art of cherry-picking. So did Finnegan, Henderson, Farabow, Garrett & Dunner LLP. We are seeing such lobbying/marketing several times per day now, even weeks after the CAFC rulings. It drowns out any meaningless/objective analyses. Consider this 'analysis' titled "Federal Circuit Finds Claims Valid Under €§ 101 For Only The Second Time in Almost Two Years" (2 among so many more, but they only measure the fraction of the glass that's full).

To use another example of cherry-picking, see this new coverage regarding 35 U.S.C. €§ 101. It says: "The magistrate judge recommended denying defendant's motion to dismiss the asserted claims of plaintiff’s patents for categorizing summarized information for lack of patentable subject matter because defendant failed to establish that the claims were directed toward an abstract idea."

"It's often called bias by omission."In summary, we are still finding lots of software patents propaganda from patent law firms that occupy the media. They're distorting the record in order to help them sell their 'services'. One may easily be lured into the illusion or fantasy that software patents are alive and well, probably because there's about 100 times more coverage of cases where courts accept a software patent. It's often called bias by omission.

Recent Techrights' Posts

IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
 
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026