Bonum Certa Men Certa

Signs of Progress: Overly Litigious US Patent System Calms Down a Bit, Reform Upsets Megacorporations

US patent lawsuits
Based on data from Lex Machina



Summary: Tensions and disputes over patents in the US are on the decline, potentially as a direct result of heightened scrutiny of patents over their quality

THE USPTO is loved by patent aggressors and feared by everybody else. According to these new figures from Lex Machina (reported by IAM in this case), the USPTO just got a little less scary. To quote one of many analyses to come (after the US holiday): "New patent lawsuit in the US were down by close to 1,000 filings in the first half of 2016 compared with the first six months of 2015, providing a further indication that the marked drop off in cases since December may be part of a longer-term trend.



"As expected, given the IAM funding sources, IAM is not particularly happy about it, but what IAM wants is typically the very opposite of what society as a whole should want.""According to Lex Machina’s running total, there were 2,238 cases brought in the first six months of this year compared with 3,232 in 2015 and 2,923 in 2014. That makes it the lowest first half total since 2011, the year that the America Invents Act was signed into law and its new joinder rules led to a spike in filings. Lex Machina has not officially announced their numbers for the first six months of 2016, but Lex Machina’s database keeps a running total and it’s safe to assume that the final total to the end of June will be close to 2,238. Unified Patents released its analysis earlier today which put the number of new cases at 2,187."

This looks like great progress, possibly attributable to PTAB (part of America Invents Act*) and the message it sent out to patent aggressors after Alice had been handed down from SCOTUS.

As expected, given the IAM funding sources, IAM is not particularly happy about it, but what IAM wants is typically the very opposite of what society as a whole should want. IAM's agenda is still promotion of the EPO, opposition to patent reform, UPC advocacy, and software patents (there's no ambiguity about it). In the US, which still grants some software patents and thus helps patent trolls, voices can be found of large corporations that are upset. IAM gives them a platform this week. It is quite revealing.

Over at Patently-O, a blog based in the US (unlike IAM which is British), a MacDermid v. DuPont petition gets mentioned today and to quote the original: "Whether the Federal Circuit has erred in holding that there “must” be a proven “reasonable expectation of success” in a claimed combination invention in order for it to be held “obvious” under 35 U.S.C. €§ 103(a)."

"It was eventually the Supreme Court -- not US Congress (in the pockets of megacorporations) -- that brought necessary change."Arguments about obviousness of patents have become commonplace not just because of Alice (which mostly relates to business methods and software). Another Patently-O article from today speaks of Rapid Litigation Management v CellzDirect and says that "[o]n appeal, the Federal Circuit held that the claimed hepatocyte prep-method was “not directed to a patent-ineligible concept.”"

To quote the original: "The inventors certainly discovered the cells’ ability to survive multiple freeze-thaw cycles, but that is not where they stopped, nor is it what they patented. Rather, “as the first party with knowledge of” the cells’ ability, they were “in an excellent position to claim applications of that knowledge.” Myriad, 133 S. Ct. at 2120 (quoting Ass’n for Molecular Pathology v. U.S. Patent & Trademark Office, 689 F.3d 1303, 1349 (Fed. Cir. 2012) (Bryson, J., concurring in part and dissenting in part)). That is precisely what they did. They employed their natural discovery to create a new and improved way of preserving hepatocyte cells for later use."

Here we have Myriad (the SCOTUS determination) being used to challenge another kind of patent. It was eventually the Supreme Court -- not US Congress (in the pockets of megacorporations) -- that brought necessary change. _____ * A science-led Patent Trial and Appeal Board which invalidates many software patents these days.

Recent Techrights' Posts

People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
 
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025
Microsoft Finally Admits That XBox is ****
In this case, "enshittification" is an understatement
Another Wave of Microsoft Layoffs Comes Shortly. Microsoft Propaganda Sites and Slopforms Powered by Microsoft LLMs Already Spew Out Face-Saving Nonsense.
Based on last month's leak, some very extensive layoffs are now imminent [...] Perhaps we can expect a lot of noise, some of it spewed out by bots, to distract from or belittle the impending mass layoffs
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Slopwatch: Microsoft Slop, Anti-Linux Slop, and IBM Marketing Itself as a Slop Company
Microsoft-controlled LLM spewing out garbage about "Linux"
Links 06/05/2025: Microsoft's Assassination of Skype After Years of Failure, Slop Hallucinations Are Getting Worse
Links for the day
Links 06/05/2025: Changing Places and StarGrid for PalmOS
Links for the day
Windows and Microsoft Causing Serious Data Breaches, Media Rushes to Blame That on "Linux" Somehow
While selling us some rusty old propaganda about how moving to Microsoft GitHub (Rust) will improve security
Making Site Archives More Easily Accessible (Approaching 50,000 Blog Posts)
Efforts to censor us have always backfired badly
Weaponisation of For-Profit Dockets - Part II: Hiding Behind Lawyers and Barristers Who Lack Standards so as to Engage in Classic Corporate Extortion
They're trying to scare people and they misuse their licence to operate
Links 06/05/2025: LLMs/Chatbots Attract More Scrutiny (Getting Worse Over Time), PwC Has Many Layoffs
Links for the day
Thanks for listening. How can this Morse feed be further improved?
Right now any and all feedback on the audio would be helpful
statCounter: Bing's Market Share Lower Right Now Than It Was When LLM Hype Began (With "Bing Chat")
If anybody gains at Google's expense in search, it is BRICS' alternatives such as Yandex
Gemini Links 06/05/2025: Failure and Proxmox Cluster
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 05, 2025
IRC logs for Monday, May 05, 2025