Bonum Certa Men Certa

Software Patents a Dying Breed, But Patent Lawyers in Denial Over it and Notorious Judge Rodney Gilstrap Ignores Alice (Supreme Court)

The trolls' best friend, Mr. Gilstrap

Rodney Gilstrap



Summary: A look at what law and practice are saying about software patents, contrasted or contradicted by the patent industry and trolls-friendly courts (which make business out of or together with patent aggressors)

TECHRIGHTS spent a lot of time writing about Microsoft's hijack of Yahoo. Microsoft took everything it wanted from Yahoo and left a dead company to rot, as usual (that's Microsoft's modus operandi as one can see in Corel, Novell, Nokia et cetera).



Now that Yahoo is sold (and journalists don't bother mentioning how Microsoft killed Yahoo) the think tank which is IAM says: "While that deal will involve the bulk of Yahoo!’s traditional business, it does not involve the Excalibur patent portfolio, a stockpile of around 2,700 assets that the company has spun out into a separate vehicle to be sold separately."

"Microsoft took everything it wanted from Yahoo and left a dead company to rot, as usual (that's Microsoft's modus operandi as one can see in Corel, Novell, Nokia et cetera)."We always sensed the danger that Yahoo would give its software patents to some hostile entity or a Microsoft-made entity like CPTN. Yahoo has a lot of software patents, but they're quite worthless after Alice and some are nearing their expiry. The good news is, one single decision at the Supreme Court (SCOTUS) had supreme impact and this lowers the risk to software developers everywhere in the world (if they trade within the US or export to the US).

A lot of patent lawyers/attorneys keep pondering/assessing tricks for portraying software patents as non-abstract (even though they always are), in light of Alice whose impact was incredibly profound.

As expected all along, Bascom is exploited by software patents proponents including Watchtroll's site (patent attorney John M. Rogitz in this case). He says that the case of "DDR begins with Mayo step 1 analysis without definitively declaring whether the claims are or are not abstract. Instead, the opinion observes what the claims are not: they are not a mathematical algorithm or a fundamental economic or longstanding commercial practice, but instead address a business challenge (retaining website visitors), a challenge particular to the Internet. Instead of declaring this not to be “abstract”, however, Judge Chen simply points out that identifying the precise nature of the abstract idea is not as straightforward as in Alice given the various varying formulations of the underlying abstract idea presented by the infringer and by the dissent."

Unless Judge Chen actually wrote a computer program, it is likely that understanding of abstractness of algorithms would be deficient. Watch the very latest pro-software patents lobbying/promotion from Shelston IP [1, 2]. They're preying on ignorance and looking for exceptional court decisions not only to preserve software patents in the US/Australia but also bring them elsewhere (like Australia's neighbours and in particular a defiant New Zealand).

"Unless Judge Chen actually wrote a computer program, it is likely that understanding of abstractness of algorithms would be deficient."Speaking of judges, Rodney Gilstrap is a villain, not a judge (recall his track record in East Texas [1, 2, 3, 4]). He deals with an enormous number of troll cases where software patents are treated favourably and practicing businesses are forced to pay parasitic trolls. As it turns out, he also publishes documents in Microsoft Word format (maybe a clerical error). He is publishing in formats that only Microsoft customers can properly access, much like the EPO (see today's tweet which mostly matters to people who are using Microsoft Windows, not anything else).

"Section 101 is a powerful tool for patent defendants, if they can get heard," Joe Mullin says in his summary and here is the beginning of the article "East Texas judge backs off restrictive “abstract” patent motion rules":

US District Judge Rodney Gilstrap of the Eastern District of Texas hears more patent cases than any other federal judge. Last year, he installed a set of controversial rules for those cases, leading to rare public criticism. Changes to Gilstrap's order (Word file), dated last week, suggest some of those rules have been withdrawn.

Section 101 of the US patent laws is what the Supreme Court has deemed bans overly abstract patents. Since the high court decided Alice v. CLS Bank in 2014, Section 101 has become more important, since courts have been reading it as banning many software patents that recite basic processes.

Last year, the patent rules for Gilstrap's court held that defendants seeking to file a motion under Section 101 "may do so only upon a grant of leave from the Court after a showing of good cause, which shall be presented through the letter briefing process."


Gilstrap is out of control. More people need to speak about it. CAFC too had such a judge, but he was ejected for misconduct.

Patent trolls are going after small companies if they don't wish the claims to be challenged or for trials to be concluded. It's a rogue system, so in addition to ending sofwtare patents it would be useful to prevent venue shifting to Rodney Gilstrap with his bogus Texan 'court' (whose district openly advertises itself as being friendly towards trolls). What a mess of a system! This needs to be tackled immediately.

“There`s no present. There`s only the immediate future and the recent past.”

--George Carlin



Recent Techrights' Posts

Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Fragmentation of Data
Life is too short to "hoard" data
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
 
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025
Gemini Links 19/07/2025: Git For Authors and Filtered Antenna
Links for the day
UEFI 'Secure' Boot Abuses by Microsoft to be Brought Up in the UK High Court in 3 Months
we'll seek compensation
Next Year It'll Be Half a Decade Since the Fall of Freenode (and IRC is Still Doing OK)
Our IRC network is still accessible using the exact same software that ran in Windows 3.x
Lupa Will Soon Know of 3,100+ Active Gemini Capsules
And some people in the "Small Web" try to tell us that Gemini is dying?
The Slopfarms Are Taking Real News Articles and Replacing Them With Lies Generated by Machines
Bluntly speaking, Fagioli is nothing short of an online scammer
Links 19/07/2025: Techtarget to Cull 10% of Staff, New Threats to Free Press in the US (Home of Dangerous and Violent Stranglers From Microsoft)
Links for the day
Gemini Links 19/07/2025: "Climate Justice” and Forking Programs
Links for the day
What Wayland and Microsoft/IBM systemd Have in Common
focus on what IBM (Red Hat) is pushing while running over critics.
Linux Already Has About 60% of the "Market"
"When mentioning the client side," opines an associate, "it is essential to recite the list of other markets where Microsoft is negligible or a no-show. It is repetitive to do so, but it needs saying -- often."
In Norway, Android/Linux Has Just Hit All-Time High (First Time Since 2020), GNU/Linux Already Very Prevalent
Despite its small population size, Norway gave us Qt and many other things
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
Microsoft's Mass Layoffs Very Wide-Ranging, Media Focused on Gaming Though Microsoft Mass-Firing Lawyers and "AI" Staff (Contradicting Its Supposed "Investment" in "AI")
Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
The Microsofters We Sued Helped Microsoft Make GNU/Linux 'Expire' This Year
"Linux and Secure Boot certificate expiration"
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025