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

Snooping EPO Management, Sniffing Up Every Staff Action
It this a problem for whistleblowers? Of course.
Don't Do That
Options do exist. People should exercise freedom.
Iran Has Debunked GAFAM and Cloud Computing as Safety of Data
Cloud of smoke?
SLAPP Censorship - Part 188 Out of 200: Used, Then Discarded, by Microsoft (as We Predicted All Along, It's Always Like That)
The longer they carry on with it, the more scandalous this will get
 
Slop Ruins Development and Reverse Engineering, It Rewards Retarded "Slop Kiddies" (to Quote Andy ‘TheFlow0’ Nguyen)
Slop is just a fatal cancer that kills the body, then dies with the body it killed
Internet Relay Chat (IRC) and Mailing Lists Are Still Better Than Discord, Slack, and Discourse
Discourse is "open" "bossware"
Links 18/09/2026: Disgust Over LLMs and Why "Agents" (Bots) Are Nothing More Than "Spam"
Links for the day
Software Freedom Day is Tomorrow
events coming
Illegal and Unconstitutional Tribunal That SLAPPs Critics Does the Illegal and Unconstitutional: It "Rubberstamps Software Patents"
This is not a legal system. This is mafia.
Privilege in 'Linux' Foundation (Double Standards) and What the FSF Should Avoid Doing
If RMS can talk about politics, others too should be able to talk about politics
Seems Like Many Microsoft Layoffs Are Going On Right Now (Forever Layoffs)
Like IBM, Microsoft hopes shareholders will not know of morale and financial problems
More Threats From the Person of Restricted Boot Infamy
Remember this is the man who is the principal purveyor of restricted boot and who landed restricted boot in Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 17, 2026
IRC logs for Thursday, September 17, 2026
Linux Kernel Becoming a Slopfest - Part 3 - Besieged by LLM Bots, Now Hiding Behind a Wall of JavaScript
The series began 3 days ago
Gemini Links 18/09/2026: Modern Linguistic, Boxing, Turning 40, and Solar MiniServer
Links for the day
Links 17/09/2026: Studio Closures and Negative Rumours About Microsoft XBox Again
Links for the day
What's Wrong with Microsoft's GitHub, New Article by Jacob Bachmeyer and Richard Stallman
licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License
EBay is Going to Die Soon
Users will flee
Red Hat PIPs. The Only Question is, How Many?
Insiders know what's coming soon
This Week The Register MS Published a Page With "AI" 34 Times in It and It Was, as Usual, Paid SPAM!
Does The Register MS understand that it is doing harm to its audience (for temporary gains)?
43rd Anniversary of the GNU Project Announcement
Coming soon
General Assembly (Meeting of All Staff) Starts in Hour Ago to Discuss Strikes at Europe's Second-Largest Institution (EPO), Strikes to Last Until End of 2026 (If Not Further)
The media absolutely does not cover this and that's intentional
SLAPP Censorship - Part 187 Out of 200: Reminding Ourselves of the Great Damage Garrett Did to Linux (for Microsoft)
he rejects freedom
Cancel Culture is a Cancer That Harms Democracy, Justice, and Science. It's Designed to Help Corporations Vanish Their Critics.
"Codes of Conduct" sounds benign; in practice, however, it is not
Links 17/09/2026: Class Action Lawsuit Over GAFAM's "NameTag" and Automattic Hides What It Did to CEO Mullenweg (or Why)
Links for the day
Gemini Links 17/09/2026: Google Signals the End, ROOPHLOCH Coverage, EBay Uses Offensive Bots to Falsely Accuse Users of Stuff
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 16, 2026
IRC logs for Wednesday, September 16, 2026
IBM's Anderon Another Opportunity for Debt-Loading, Publicity Stunts, Maybe Hidden Layoffs
Anderon is like Theranos
In Praise of 7 Years of Alex Oliva in the FSF, Not IBM
Thank you, Mr. Oliva, for 7 years of uncompressing advocacy and perseverance
SLAPP Censorship - Part 186 Out of 200: Love (Always Commands)
This coming Friday we celebrate our wedding anniversary
With Half of September Finished Clownflare Radar Sees GNU/Linux at 7% "Market Share"
On desktops/laptops
Linux Kernel Becoming a Slopfest - Part 2 - Bribes From Slop Pushers Divide Us
Money can and does divide people
Gemini Links 16/09/2026: Cards, Nature, and Conspiracy Theorists
Links for the day
Links 16/09/2026: Proprietary Chatbots Company Lets Humans Moderate Chatbots, "Putin Looking to See How Far he Can Push NATO"
Links for the day
The Only Still-Supported Version of Windows Breaks Itself (Again), the Microsoft Layoffs Will Carry on in Secret
In the US they marked about 7% for removal just this past summer
Wikileaks Turns 20 Just 18 Days From Now
it's fair to say they've endured online, but aren't lively/active
The Cyber Show Debunks the Alleged Intelligence in Slop
It's shorter than usual
Expecting Failure
Some things would not happen to technology (tech) experts because they know how things work and what to expect (or watch out for)
Links 16/09/2026: US Running Low/Out of Some Ammo Due to Wars, Slop Bots "Are Using an Outrageous Amount of Electricity"
Links for the day
"AI Slowdown" is Code Word for Bubble Imploding (Trying to Make This Slowdown Seem Wilful, an Act of Safety and Responsibility)
They help one another by inflating the bubble and making false excuses when expansion stalls
SLAPP Censorship - Part 185 Out of 200: What Reputation?
Helping monopolies and working for monopolies never made anybody popular
Gemini Links 16/09/2026: Slovenia, Catastrophe Ethics, and ROOPHLOCH 2026
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 15, 2026
IRC logs for Tuesday, September 15, 2026