Bonum Certa Men Certa

Patents Roundup: Blackjack Patent Application, Apple's Software and Design Patents, Decline in Patent Litigation and Alternating Troll Trends

Summary: News about patents from around the Web, focusing on the USPTO in particular

Method of Playing Blackjack as a Patent?



A “patent application claiming a new method of playing Blackjack” was the subject of this new article from Patently-O -- an article involving yet another one of those ridiculous patents (or applications) which often end up being used to shake down a lot of small companies, either in court or outside of the courts system (small companies usually prefer to settle outside any court because of the costs associated with legal defense).



To quote Patently-O:

The underlying appellate decision In re Smith involves a patent application claiming a new method of playing Blackjack. The new approach offered by offers ability to bet on the occurrence of “natural 0” hands as well as other potential side bets. Claim 1 in particular requires a deck of ‘physical playing cards” that are shuffled and then dealt according to a defined pattern. Bets are then taken with the potential of more dealing and eventually all wagers are resolved.


Apple Aggression With Patents



Not only small players are suffering. Large companies are trying to string barbwire around everything and then tax everyone.

This past week in the news we found FRAND proponents in Watchtroll, patent troll apologists everywhere in relation to the FTC and the VENUE Act, and we also found a lot of coverage of Apple's patent war/assault on Android, either in relation to the infamous slide-to-unlock patent or those silly design patents which SCOTUS is poised to assess.

"Apple is competing in the courtrooms, not in the market, such that patent lawyers pocket a lot of money and products are modified for the worse."Regarding the former, here is MIP alluding to a "107-page opinion [which] includes a majority opinion written by Judge Moore and three separate dissenting opinions filed by Chief Judge Prost and Judges Dyk and Reyna."

Also in relation to the slide-to-unlock patent, here is Patently-O's coverage that says: "this case involves Apple’s patents covering slide-to-unlock; phone number recognition; and auto spell correction. At the district court, the jury found that three of Apple’s touch-screen patents infringed by Samsung devices (resulting in $119.6 million in damages). The jury also found one Samsung patent infringed by Apple, but only awarded less than $200,000 in damages. In a February 2016 opinion authored by Judge Dyk, the Federal Circuit reversed the jury verdicts – finding two of Apple’s patents invalid as obvious and the other not-infringed."

These are software patents and separately there are design patents -- a subject that the CCIA's Mr. Levy wrote about (cross-posted at the Huffington Post), noting: "CCIA and other amici argued strenuously that under the Federal Circuit’s interpretation of €§ 284, it would be easy for patent trolls to start using design patents. After all, a design patent lets a patent troll threaten a company with losing all of its profits for any accused product. That’s orders of magnitude higher than they might be able to get with a utility patent, and should lead to much higher settlements."

Apple is competing in the courtrooms, not in the market, such that patent lawyers pocket a lot of money and products are modified for the worse. Corporate media wrote about the latest twist, e.g. "Conundrum for Justices: Does a Design Patent Cover a Whole Smartphone?" from the New York Times and this from USA Today:

Chief Justice John Roberts said Apple's iconic iPhone design applies to the exterior face of the phone — not "all the chips and wires."


Apple is desperate to beat (or tax with patents) Android phones. How much money are they after? And given Apple's declining share in tis market, how long will it be before Apple -- like Microsoft -- becomes more like a patent troll in this area?

The United States Government Recognises the Problem



Help might be on the way. "The government and the courts are finally getting fed up with patent trolls — and stupid patents," (this means software patents) writes Michael Hiltzik of the Los Angeles Times today. It's not a very thoughtful or profound article, but it does hit two birds with one stone (two strands of news). To quote:

Almost nobody disputes that America’s patent system is a mess, or that it’s been that way for an unconscionably long time.

Overworked and misguided patent examiners issue patents for manifestly undeserving claims. An entire industry of patent trolls has sprung up to assemble patent rights and exploit them, not to make products or develop services, but to harass other businesses into paying them off to avoid costlier litigation.

Efforts to reform patenting tend to run into resistance from big businesses, such as the pharmaceutical industry, that long ago figured out how to game the process and are disinclined to give up their advantage. As a result, a system that was written into the U.S. Constitution to encourage invention and innovation has been turned into a “dead weight … on the nation’s economy.”


The editor of IAM, writing about an upcoming event, reveals that an official-turned-lobbyist, David Kappos, will be at this event (speaking even). We predict he will talk about "clarity" as means of reaffirming his position that Alice is too vague and needs to be thrown away.

Litigation Numbers Decline



Whether or not Kappos will succeed, the patent system in the US is gradually healing itself. Kappos is one of the people who made it ill. There are less trolls, less software patents, and patent litigation numbers at the District Court and beyond and down, based on these latest figures from Lex Machina. Here is what IAM has just said about those:



New patent litigation filings fell in the third quarter as the overall volume of cases for the year approached levels not seen since 2011, according to data from Lex Machina.

From 1st July to 30th September 1,127 new lawsuits were filed in US district courts. That's down from the total for the second quarter of 1,289, although up slightly from Q3 last year when 1,114 new cases were brought.

According to Lex Machina’s current prediction for the year, 2016 will see a total of just over 4,700 new lawsuits. This would be the lowest level since 2011. Over the last four years litigation volumes have been at unprecedented levels thanks, in large part, to new joinder rules introduced by the America Invents Act.

One of the characteristics of litigation volumes over the last two years is that the quarterly totals have often lurched from one extreme to another. Last year, for instance, saw one of the quietest recent quarters in Q3 but also two of the busiest in Q2 and Q4 as external factors such as the prospect of new patent legislation and new federal court procedures had an effect.

Lex Machina’s latest numbers confirm that quarterly totals are still very up and down, but the trend line for this year has undoubtedly been pointing south. With a huge spike in cases last November thanks to changes to pleading standards in patent cases, which came into effect on 1st December, it seems safe to assume that we’re going to see a fall, year-on-year in Q4.


Now that the US is moving towards a software patents-free (hopefully trolls-free as well) era with zones including Texas being safe for software developers (even after the VENUE Act or equivalent) we hope that the patent microcosm won't succeed at turning the tide. Here is the National Law Review, one of their publications, covering the latest from the FTC:

FTC Releases Report on Patent Assertion Entities, Calls for Reforms to Reduce Nuisance Patent Lawsuits



The U.S. Federal Trade Commission issued its much anticipated study on patent assertion entities (“PAEs”) on October 6, 2016. The report, entitled Patent Assertion Entity Activity: an FTC Study, defines a PAE as “a firm that primarily acquires patents and seeks to generate revenue by asserting them against accused infringers.” The report highlights the business practices of PAEs (based on non-public data from 2009 to 2014) and includes recommendations for patent litigation reform. FTC Chairwoman Edith Ramirez praised the report for providing “an empirical foundation for ongoing policy discussions,” and said that the report’s recommendations “are designed to balance the needs of patent holders with the goal of reducing nuisance litigation.” The report provides valuable insights into a key area of intersection between the antitrust and patent laws and proposes concrete reforms that seek to balance the benefits of legitimate infringement litigation against the harms of nuisance suits.


Patent Trolling More of 'Thing' in East Asia



Patent trolling is no longer just a problem in the US and more evidence emerges of the growth of patent trolling in east Asia. IAM writes a lot about it these days, without mentioning the T word [1, 2, 3], resorting to euphemisms like "NPE" and "PAE" instead. One article says that "Panasonic transferred around 500 patents to Inventergy in January 2014; Huawei had assigned a number of assets several months earlier. Nokia entered its licensing alliance with the company in June that year." These are essentially PAEs. It looks like China, Japan, Korea, Singapore and various other countries will need their own FTC-like study and resultant patent reform pretty soon. These policies are self-destructive to any nation if they give rise to trolls.

Recent Techrights' Posts

Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day
IBM's Accounting Claims Don't Add Up
IBM is an enigma. To Wall Street is claims to be doing extremely well, but insiders tell the complete opposite.
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs