Bonum Certa Men Certa

Alice Decision and PTAB Are Both Constantly Under Attack From the Patent Microcosm and Its Lobbyists

Patent practitioners in the US are frogs in hot (if not boiling) water

A frog



Summary: A Supreme Court (SCOTUS) decision against software patents, combined with a chopping block of software patents (whose efficiency is still increasing), is causing trolls and their facilitators (like patent law firms) to resort to dirty tricks and attempt to reshape the system to better suit them, averting irrelevancy

IMAGINE being a patent law firm in the US right now. It's tough. Litigation figures have sunk, software patents are harder to get, and even if one gets them the courts will typically throw these away. This means that not many people even pursue such patents anymore. We constantly hear new stories about patent trolls that close shop and occasionally about legal firms which are centered around patents closing shop or being absorbed (i.e. their staff finding some new employer).



"We constantly hear new stories about patent trolls that close shop and occasionally about legal firms which are centered around patents closing shop or being absorbed (i.e. their staff finding some new employer)."Things aren't going to improve for this occupation, which is nothing but a tax on everything (including so-called 'innovation'). Understandably, the people associated with this pseudo 'industry' are fighting back and we need to watch what they are up to as they habitually attempt nefarious things, including an appalling witch-hunt against the head of the US patent office (Director Lee).

We don't really know when SCOTUS is expected to deliver a determination on Impression v Lexmark (there is no deadline or expected date, but estimates can be made by those intimately familiar with such pertinent cases). What we do know, however, is that the case may have ramifications for software, too. As one site put it the other day, in the words of a legal firm that cited Alice as an example:

The Supreme Court noted several times that Impression was seeking a significant expansion of the existing scope of the exhaustion doctrine. Justice Kennedy asked Pincus why the exhaustion doctrine had not been codified in the 1952 patent statute and whether the failure to codify the doctrine suggested that the court should be "cautious" in "extending" the doctrine's reach. Justice Alito noted that the "Federal Circuit's rule on this is 25 years old" and Justice Sotomayor observed that Impression's position on the question of foreign sales raised "serious issues" and "negative consequences". Pincus acknowledged that Impression's position could have such consequences, but observed that the Supreme Court has disrupted the settled expectations of patentees before to "get…the law right", citing the Alice decision as an example.


Yesterday, in spite of the holiday, Watchtroll advocated getting rid of Alice again, by calling software patents "Computer Related Inventions" and trying to work around Alice. His allies (e.g. IBM's patent chief and that ilk of patent bullies) recently tried again to undermine PTAB, having lobbied endlessly for negative action. Days ago IBM's patent chief wrote that it's "[g]reat that #USPTO will review and consider reform of PTAB #patent proceedings, bad that it took 5 years to happen..."

"They just want to crush Alice, crush PTAB which enforces it efficiently, and basically bring back software patents, which made America Not Great but a hub of patent trolls."As we noted here the other day, it seems like an effort to appease the software patents lobbyists -- something to which other patent radicals are now contributing. "Speakers discussed PTAB issues of interest," Manging IP wrote the other day, "and other hot topics at Managing IP’s US Patent Forums, includ[ed] estoppel, a reawakening of APA issues at the Federal Circuit, the upcoming en banc rehearing of Wifi One v Broadcom, stay success rates, best strategies for using experts before the Board, and life sciences’ better survival rate in final written decisions"

All of the above is intended to shape PTAB to better suit the patent microcosm rather than the real industry and the public. The USPTO ought not surrender to them. They just want to crush Alice, crush PTAB which enforces it efficiently, and basically bring back software patents, which made America Not Great but a hub of patent trolls.

Recent Techrights' Posts

The 'Corporate Neckbeard' is Not the "Good Guy"
Works for IBM
Microsoft's Nat Friedman Became Unemployed the Same Time the SLAPPs Against Techrights Started Coming From His Friends (Weeks After We Had Exposed Scandals About Him and the Serial Strangler, His Best Friend, Who Got Arrested a Few Days Later)
Nat Friedman is not "Investor, entrepreneur"
Weeding Out Extremism in Our Community
To me it seems like Microsoft Lunduke is rapidly becoming like a "hate preacher" who operates online, breeding an extremist ideology or trying to soften its image
Censorship Versus Fact-Checking and Quality Control
It's not censorship but a matter of quality control
Gemini Links 07/07/2025: BaseLibre Numerical System and TUI Rant
Links for the day
Two Risks to Companies: The Microsoft Culture and the Microsoft Tools
Novell was killed by a form of "social engineering" by Microsoft
It's Hard to Trust People Who Worked - Not Only Those Who Still Work - at Microsoft
Bryan Lunduke is just what people would call an "arsehole of a person"
 
Links 07/07/2025: XBox Effectively 'Dead', DMCA Subpoena Versus Registrar
Links for the day
The Nasty Smear (and Stereotype) of "Neckbeard" or "Greybeard" is Ageism
This is the sort of stuff they might try to volley at critics of Wayland
Why Many of Us Use X Server and Will Continue to Use It For Many Years to Come
Don't make this about politics
Brett Wilson LLP Uses Threats to Demand Changes to Pages or Removal of Pages Without Even Revealing Which Staff Member Does That (Sometimes People From Another Firm!)
This has been in the public for years
Dan Neidle Said "It Really Then Became a Job of Tormenting" Lawyers Like Brett Wilson LLP (Who Threatened Him for Exposing Crimes, Just Like They Threatened My Wife a Few Months Later)
he and his wife decided to take on the evil people and their evil lawyers
Large Language Models (LLMs) Externalise Their Cost to the Free Software Foundation (FSF)
"The forty-sixth Free Software Bulletin is now available online!"
Reinforcing the Allegations Some More, Bryan Lunduke Digs His Own Grave
In his latest episodes he merely repeats his own lies, which I debunked using evidence right from his own mouth
Global Warming and Free Software as a Force of Mitigation
we'll need to think about Software Freedom, not just brands like "Linux"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 06, 2025
IRC logs for Sunday, July 06, 2025
[Video] "Copyleft Isn't a Bug."
"Copyleft isn’t a bug. It’s a feature. GNU GPL forced the world to treat code like a public good."
Being in Social Control Media Means Exposing Oneself to Heckling
Richard Stallman does not (either himself or directly) post to any social control media
Links 06/07/2025: Airlines Perils, Scams, and Breaches
Links for the day
For the Second Time, Bryan Lunduke From Microsoft is Siccing Racist Trolls and Vandals at Me
You're only reinforcing the point we made yesterday
Links 06/07/2025: End to End Encryption at Risk, Reuters Twitter ("X") Account Withheld in India
Links for the day
Gemini Links 06/07/2025: Tinylog and Certification Rotation
Links for the day
Links 06/07/2025: Climate Change and "The Right to Criticise"
Links for the day
PCLinuxOS Sites Coming Back, Gradually
let's just be patient
Social Control Media, Even If Based on Free Software, Still Has Many Problems
a distraction from what actually mattered and still matters
IBM is Not Your Master
IBM makes friends with people who exclude the majority of the population: women
Help Fund the Free Software Foundation (FSF)
If you have some dollars to spare, go support the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 05, 2025
IRC logs for Saturday, July 05, 2025
A Short History of Attacks on Techrights (and Boycott Novell Before That)
good opportunity to tell again the story of several (not all) attempts to silence us
The Mainstream Media Took 4 Days to Realise Microsoft Shut Down Its Operations in Pakistan and Fired Everybody
We estimate that Microsoft has had about 29,000 layoffs since January
Leadership in Free Software
Don't let IBM lead. It's a terrible flag bearer.
“Twibel” Actions Against Comedians (and Why It's a Truly Low Blow)
they try to make up in quantities for a lack of merit or quality
Linux Foundation Apparently Flirting With Slop (Marketing by LLM-Generated SPAM)
The Web is in a really bad state!
COVID-19 Sped Up Site Improvements in Techrights
A few months later we created our very own IRC network
Gemini Links 05/07/2025: Negative Questions and 'Touching Grass' (Going Outside)
Links for the day
Links 05/07/2025: Dalai Lama Succession as 90th Birthday Approaches, 40 deg C in China
Links for the day
Links 05/07/2025: Hungary and US Defecting to Russia, "Google's Hotseat Hypocrisy"
Links for the day
Gemini Links 05/07/2025: 4th of July 2025 and "Zig Roadmap 2026"
Links for the day
How to Combat the Exploitation and Abuse by Microsoft GitHub
Not to mention corruption and crimes against women
Bryan Lunduke is Actually Sending His Audience to Attack People
"[Lunduke] is actually sending his audience to attack people."
Even The Right Wing is Rejecting Bryan Lunduke
no wonder he became so irrelevant and marginal
Microsoft's MSN Helps Microsoft Spread Lies About the Layoffs' Scale (Well Over 25,000 People Laid Off This Year)
There seem to be monopolies on lies and on truth
The Death of X Has Been Greatly Exaggerated (by Compromised Media)
X.Org Server is alive and well
Rewriting Things in Rust
How far would you go?
In 2025 Everything is "AI". Remember Blockchains?
Talk about what companies and things (services, products, software) actually do, not the labels they use
Julian Assange Has Been Free for a Year
Julian Assange and I disagreed on some things
Monopolies and Scalping
Monopolies gravitate towards price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 04, 2025
IRC logs for Friday, July 04, 2025
Microsoft's August Layoffs Wave: "August is Confirmed for Additional Performance Based Cuts"
"August is confirmed for additional performance based cuts from the recent connects along with additional organizational cuts."
What Microsoft Reputation Laundering (With a Weaponised Law Degree) Looks Like in a Foreign Continent
You would expect this in uncivilised and primitive countries
Slopwatch: LLMs 'Write' Fake or Distorted 'News' About "Linux"
LLM slop disguised as news