Bonum Certa Men Certa

Patent Law Firms and Their Publishers Latch Onto Rare CAFC Cases Where Software Patents Somehow Survive

But these are only about 10% of all cases (can be counted with the fingers of one hand this year), i.e. still the small if not minuscule minority

Stat



Summary: A roundup of District Court and Court of Appeals for the Federal Circuit (CAFC) news regarding software patents

HAVING just covered the good news, namely the decline/descent of software patents, now come the less convenient news, or the news that can throw a wrench at the party if one blindly believes the spin that accompanies the news. The ascent of Alice since 2.5 years ago profoundly changed everything in the domain of software patenting. It's not hard to see why and it's difficult to argue against it... unless one is a paid lobbyist like David Kappos, former USPTO Director.

First we have the case of Evolved Wireless, LLC v Apple Inc., a District Court (not Texas for a change) where the patents were ruled not ineligible. Here's the gist of it:

The court denied defendants' motion for judgment on the pleadings on the ground that plaintiff’s wireless communications patents encompassed unpatentable subject matter because the claims were not directed toward abstract mathematical algorithms


If this decision is appealed and reaches CAFC, expect the patents to die. Just look at CAFC's recent track record. It's as hostile as can be toward software patents and a key judge, the one responsible for software patents' emergence, changed his mind and slammed software patents in a key decision involving the world's largest patent troll, Intellectual Ventures. We already published several articles about this historic decision.

Meanwhile, says this patent attorney, "US Pat 7,412,510, Software Patent Survived Alice at the CAFC" and another proponent of software patents says "inexplicably CAFC did NOT kill this claim under 101: "computer code ... to enhance" an accounting record http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1180.Opinion.10-28-2016.1.PDF … HOPE YET??"

What they hope for is that CAFC will change its course and stop "killing" (their term for invalidation) software patents, but they're cherry-picking cases most of the time. It lets them shower potential or existing clients with dangerous optimism.

Michael Loney, writing from New York, says that "Federal Circuit finds software claims patent eligible for fourth time this year," but four in a year is not much. To quote Mr. Loney:

“There is no such single, succinct, usable definition or test” for defining an abstract idea, the Federal Circuit said while allowing a software patent to survive a Section 101 analysis for the fourth time since May


Here is another article about this:

One major take away from this case is that this panel of the CAFC clearly believes software is patent eligible subject matter. At least some of the representative claims discussed (e.g., claim 1 of the ‘065 patent, page 20) is a computer readable medium claim reciting computer code for performing a series of operations. This is very welcome after comments in recent cases from certain judges suggesting that software should be per se unpatentable.


This decision can probably be appealed to the Supreme Court, at risk of overriding Alice. Here is corporate media, namely Barbara Grzincic at Reuters, covering this latest development as well:

A long-running patent fight between network-software rivals Amdocs (Israel) Ltd and Openet Telecom Inc will go at least another round, after a U.S. appeals court overturned a ruling that had invalidated four of Amdocs' patents.


Other coverage came from lawyers' sites [1, 2, 3] and pro-software patents lobbying sites [1, 2] where there are no disclosures about vested interests. Some of these articles contain misleading claims, such as "Federal Circuit seems to be loosening the reins on 101 software subject matter disqualifications," even though CAFC is actually ruling against software patents in a large number of cases, especially high profile cases (like the aforementioned Intellectual Ventures case). No matter what the patent microcosm tries to say (usually spin), CAFC is basically trashing a lot of software patents and the recent decision from Judge Mayer was a death knell to many of them. Lawyers' sites are understandably desperate for spin because spin sells (it attracts their target audience). The same happens in Europe; European "IP" news sites try to maintain an amicable relationship with the EPO, so they only say good things or nothing at all.

"Has IAM ever given a platform to opponents of software patents and to pessimists? It's a rarity because that's not what readers (paying subscribers) want to see."Speaking of one such European "IP" 'news' site, once again it gives Bart Eppenauer (from Microsoft) a megaphone, and as usual in defense of software patents. He is trying to say that all is well for software patents, which is utter nonsense. Here is what IAM wrote under the headline "Key CAFC decisions confirm software is patentable in post-Alice world, says Microsoft’s former patent chief".

Has IAM ever given a platform to opponents of software patents and to pessimists? It's a rarity because that's not what readers (paying subscribers) want to see.

Well, this sure is getting shallow and tiresome. Why don't they just recruit Eppenauer and give him his own column at IAM? What he talks about isn't news; it's not even a new decision, just more entertainment of old staff with attribution to an overhyped person whom they like to grease up a lot (almost every month).

Recent Techrights' Posts

Those of Us Who Grew Up Playing Doom Must Remember What Microsoft Did to Its Creator
Doomed by Microsoft
At The Register MS, Fake 'Articles' Sponsored by WIntel (Windows+Intel)
We've meanwhile noticed that there's new sponsored spam in at The Register MS and it might be slop
In Addition to National Delegates, Contact the French or Portuguese Governments (Politicians) Regarding António Campinos
Someone needs to step into the EPO and open up all the closets
EPO People Power - Part IV - Sexism, Chauvinism, and Lines of Cocaine at Europe's Second-Largest Institution
Recently, one reader told us about Berenguer, who made the "mistake" of using cocaine in the open market
 
EPO People Power - Part V - The European Media is Practically Dead When It Comes to Covering European Patent Office (EPO) Corruption
That sort of sums up where European media/press stands
Datacentre and Server Maintenance Next Week
The last time we rebooted into the latest stable kernel was 96 days ago
Afraid of Words, Not Afraid of Actions
Those corporations want us to bicker over words, not their actions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 11, 2025
IRC logs for Thursday, December 11, 2025
IBM Workers Still Blast IBM Management for Firing Loads of Workers While Overpaying to Buy Useless Companies
IBM's CEO is killing the cow
LLM Slop About Linux Still Seems Scarce
LLMs aren't dead, but metrics published online say that their usage is fast declining
Links 12/12/2025: Oracle Shares Collapse After Slop Bubble Inflated (Circular Funding/Financing One's Own 'Clients'), "Trials by Jury" in UK Considered
Links for the day
Gemini Links 12/12/2025: 'Kinetic Energy' and Browsing Geminispace With a GUI, TUI, or CLI Client
Links for the day
Links 11/12/2025: Escalations Around Japan, Software Patents Found Invalid
Links for the day
Killing the IBM Cash Cow, Raising Massive Debt Instead
In a healthy company, the CEO and CFO would get sacked on the spot for doing so. But IBM is not a healthy company, it's just a sick cow being milked to death.
Links 11/12/2025: Dangerous Flukes by Slop and Bottled Water as 'Placebos'
Links for the day
Gemini Links 11/12/2025: Repairs, Wisdom of the Crowds, and AC Explorations
Links for the day
We Need Your EPO Insider Stories
To date, the EPO and any other company/institution hasn't managed to remove even a single public page that we published
Yes, IBM is Also Laying Off Indians (Even in India)
that goes against the popular/hot narrative of "jobs moving to India"
Microsoft-Sponsored Wikipedia Spam About "AI", Added by Microsoft Operatives
When it comes to Wikipedia, follow the money (sponsors)
Keep on Pushing, EPO Management is in a State of Panic This Week
Contact your representatives today
If You Want Freedom, Follow Richard M. Stallman (RMS)
To be clear, I like Linux, I like its founder
EPO People Power - Part III - Challenging Corruption
The media - as in the national press - isn't interested in writing about it
The Flawed Notion of Criticising for Criticism's Sake
People who are highly critical of things are not "toxic"
A Lot More Than Techrights
you probably also want to follow the RSS feed of the sister site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 10, 2025
IRC logs for Wednesday, December 10, 2025
The Web Has Become Extremely Rude
If you cannot behave, go offline
Slopfarms Parrot Any Number That GAFAM Throws at Them, Even Totally Fictional Figures That Merit Fact-Checking
fake from Microsoft
Microsoft Lunduke Tailors His 'Content' for 4Chan
The latest from Lunduke "Journal"
Richard Stallman Was Also Right About Microsoft GitHub (It's Becoming a Botfarm)
trashing the platform
Democracy and Buzzwords
and hype
Five Years in Gemini Protocol
One might say we escaped to Geminispace 2 years before the deluge of slop on the Web
Keeping Up the Pressure on EPO Management
We want to thank our European readers who contacted their representatives
Like Clickfraud Spamnil (Swapnil Bhartiya) But for Hate Mongering: What Twitter Has Become
If you still waste time in Social Control Media, consider changing course
For New PCs and for Old (or Retro) PCs the Increased Cost of System Memory Benefits GNU/Linux and BSDs
GNU/Linux does not have this problem or barely has this problem
Gemini Links 10/12/2025: "Thousand Mile Journey" and The Art Of Chilling
Links for the day
Moving Away From Content Management Systems (CMSs) and Flocking to Static Site Generators (SSGs)
The SSG 'hype' is not based on marketing but a simple reality
IBM is Laying Off Workers in India (While Spending a Fortune Buying a Company for Buzzwords, a Box-Ticking Exercise)
So what is the overall strategy?
EPO People Power - Part II - Talking About Corruption
European media must "grow a pair" and start writing about EPO corruption
Just a Little Slop About "Linux"
Slop about Linux isn't that common anymore
Links 10/12/2025: McDonald’s Latest Slop Gaffe (After Dumping IBM's Slop) and "Scam Altman’s Panic Sweats"
Links for the day
Circular Funding
Passing around capital that does not exist (for PR's sake, but there are ramifications)
Links 10/12/2025: Ransomware (Windows TCO) Has Crippled Economies, Slop (Fake) "Videos Have Flooded Social (Control) Media"
Links for the day
Y Combinator (YC) Funds Scams, Run by Scammers
Including Scam Altman
EPO People Power - Part I - Identifying Corruption
The EPO, at this stage, is a boat full of holes
IBM Has Become a "Plantation"
IBM is basically being destroyed for some cash at this point
It's Not Too Late to Send an E-mail to Your European Representative Regarding European Patent Office Abuses
If you live in Europe and have not done so already, please contact your national delegates, whose job is (at least on paper) to represent you
Almost a Thousand EPO Workers Have Voted for Industrial Action
Mandate given to SUEPO for action plan to stop the salary erosion of EPO staff
Why So Many Software Projects Are Quitting Microsoft and GitHub
Be more like LibreWolf. Move away from Microsoft and GitHub.
Many of the Attacks on Us Apparently Boil Down to Jealousy
Envy is a negative trait that leads people to self harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 09, 2025
IRC logs for Tuesday, December 09, 2025
Valuing One's Work by the Effort or Budget Taken to Undermine It
As long as what we publish is factual, nothing prevents its publication
IBM Says It Buys Another Company for "AI", So Why Does IBM Fire Its Own "AI" Experts?
As people rightly point out, this has nothing to do with "AI"
The Boundaries of Criticism
The harder the EPO will push back, the better the job we must have done
New EPO Series: Mafia Culture, Mobbing, Nepotism, and Illegal Drugs
The series shall start later today
Richard Stallman Was Right About "AI"
"Considering Stallman worked in the MIT AI lab in the era of symbolic AI, and has written GCC (an optimizing compiler is a kind of symbolic reasoner imo), I think he has a deeper understanding of the question than most famous people in tech."
With 3 Weeks Left (Sans Extensions) the Free Software Foundation (FSF) Has Already Raised About Half of the Money Set as Fund-Raising Goal
“Idiots can be defeated but they never admit it.” — Richard Stallman
Gemini Links 10/12/2025: Cranberry Juice and Gramophones
Links for the day