Bonum Certa Men Certa

Supreme Cases and Some Supreme Outcomes That Tighten Patent Scope in the United States

Better hurry up before Trump ruins the Supreme Court

Cruz for Supreme Court



Summary: Additional and belated remarks about Apple's patent attacks on Samsung's Android phones and the upcoming Supreme Court (SCOTUS) decision on Life Technologies Corp. v Promega Corp.

THINGS are about to change for the better at the USPTO because upcoming SCOTUS cases won't challenge Alice (applicable to software patents) but instead jeopardise other kinds of patents.



Regarding the unanimous decision in favour of Android or Linux or Samsung (depends on how one looks at it), there have been endless streams of articles by now. We saw hundreds of articles in English (about 300 articles!) about it, not counting all the Apple fan blogs and articles in other languages. There's also my personal take on it, as covered the other day (hours after the decision had been handed down). For those looking for some decent coverage, see Jurist, AOL, Ars, El Reg or even lesser known sites. Less objective (for either side) were IP Watch, MIP, TechDirt, and Bristows staff at IP Kat. Be careful of Apple advocacy sites disguised as news sites. Even SJVN decided to cover it, although it's typically outside his scope. Florian Müller did a blog post about it and said: "Large parts of the (U.S. and global) tech industry will breathe a sigh of relief now."

"We must understand that when it comes to patents the quantity (the more, the merrier) and quality (more is less or less is more) should be grounded on evidence-based analysis, not Battistellite 'logic' and Republican instincts.""Yesterday's Supreme Court ruling," he later added, "means design patents won't spell doom for alleged infringers anymore, but a lot depends on the Fed. Circuit" (CAFC). "The Supreme Court said what the Fed. Cir. got wrong; but now the same Fed. Cir still has to get it right," he continued. "In 2017, we'll see what happens." As we noted here before, only the lawyers win in these disputes that last half a decade or longer.

IAM always complains when patent scope is restricted and this time was no exception; they're hardly even closeted about their patent maximalist bias.

The net outcome here is a major loss for another kind of patent. We must understand that when it comes to patents the quantity (the more, the merrier) and quality (more is less or less is more) should be grounded on evidence-based analysis, not Battistellite 'logic' and Republican instincts. The EPO now moves in the opposite direction, broadening patent scope rather than tightening it.

SCOTUS is going to tackle another kind of patents quite soon (Life Technologies Corp. v Promega Corp.), as an article by Dennis Crouch, another from MIP, and more from patents-centric sites state with concern. Many articles have appeared in recent days and most of them are from the patent microcosm. We too mentioned this case before.

We continue to worry that Trump-appointed Justices (new appointees) to SCOTUS will ruin all/most of the patent progress made in recent years. Conservative think tanks, for example, are out in full force calling for the end of Alice as we know it. We'll cover that separately later tonight.

Recent Techrights' Posts

Gemini Links 20/05/2025: LLM Scraper Bots in Gopher and "Starmer and the Somewheres"
Links for the day
Skype Fell Off a Cliff (Microsoft Killed It), All Microsoft Has Left Now is Slop and Spaghetti Code
"This isn’t about AI. This is a puppet show to drive stock prices up and down."
Slopfarms (Machine-Generated Fake News Sites Authored by Bots With Slop Images) Spread GNU FUD
This isn't about Linux (GNU doesn't run just on Linux)
United States Federal Government's Digital Analytics Program (DAP): GNU/Linux Users Represent Close to 6% of Visitors This Year
How far has GNU/Linux gotten? Very far!
The "LLM Ouroboros of Shit" is Complemented by Even Worse Phenomena Caused by Microsoft's Contribution of SPAM and Pollution
Microsoft became a world leader in promotion of LLM slop
The LLM Ouroboros Phenomenon
Fact #1: over time slop gets worse (training set is like some blurry JPEG). Fact #2: People's "smell" for slop improves over time, as they 'train' on slop and can detect it based on prior encounters. Put 1 and 2 together.
How We Defeated DDoS Attacks
One of the best things one can do is migrate to an SSG
Microsofters Issuing Threats to Microsoft Critics Who Blog About Microsoft
So far we see that their "legal strategy" revolves around trying to discredit people like Theodore Ts'o
 
Openwashing of Windows, Back Doors, Persistent Surveillance, Keyloggers, Screen Loggers, DRM and So On
WSL is not "Linux", it's Windows
New 'Interview' With - or Talk Coverage of - Richard Stallman in the European Union
automated English translation
IBM Mass Redundancies Likely This Coming Thursday
We're not in a position to judge if that's true or false
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 19, 2025
IRC logs for Monday, May 19, 2025
Microsoft a Top Sponsor at Red Hat Summit (IBM Selling Proprietary Spyware and Back Doors in a "Red" Trench Coat)
They both work for Microsoft
The Official SUSE Blog Uses LLM Slop to Compose Fake Articles Promoting Microsoft and Azure
even a little slop spoils the broth
Links 19/05/2025: Charges of Blackmailing Over Son Heung-min, Chad Opposition Leader Detained
Links for the day
Gemini Links 19/05/2025: Ableism, Silicon Monkeys, and More
Links for the day
Links 19/05/2025: Political Catchup and CISA Advisories
Links for the day
TheLayoff.com Has Begun Deleting Trolls/AstroTurfers Infesting the IBM Section to Discourage On-Topic Discussion About Culls and Maladministration (Bad Strategy)
Moderators have realised there's a problem
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 18, 2025
IRC logs for Sunday, May 18, 2025
Gemini Links 18/05/2025: Five Years on Gemini and Atom Feeds over Gopher
Links for the day
Links 18/05/2025: F.D.A. More Sceptical of COVID-19 Vaccines, UK Charges 3 Iranian Nationals In Alleged Attack Plot Against Journalists
Links for the day
Gemini Links 18/05/2025: "Finally Upgraded" and "Rebooting"
Links for the day
There Are Days or Occasions Where gemini:// Requests Almost Exceed http(s):// and Gemini Protocol Isn't Even 6 Yet
Gemini Protocol turns 6 one month from now
Abundance of Good Code, "Just Like Air."
Richard Stallman's seminal manifesto and foundational (practical) work on GNU gave us a very solid system that facilitates productive work without concerns over spyware
Messages in TheLayoff.com Drowned Out by LLM Slop (Comments Focused on Replying to Bot-Generated Provocation)
apparently shaking hands with nazis isn't as bad as calling your git repository's main branch "master"
The Importance of Full Disclosure and Transparency Online
there will be full transparency, as always
Slopwatch: Slopfarms and Serial Sloppers Still at It
Apparently Google is too understaffed to figure that out
Links 18/05/2025: Decreased Prospects of Science Careers, Disappearance of Journalists
Links for the day
Microsofters Have a Long History Trying to Take Down Techrights by Sending Threats to Webhosts
picking on women
Links 18/05/2025: Science, Censorship and European Commission Taking on Monopoly Abuse by Microsoft
Links for the day
Gemini Links 18/05/2025: Šibenik and SFJAZZ Historical Archive
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 17, 2025
IRC logs for Saturday, May 17, 2025