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

Intercontinental Brigading - Part XXXXVI - Attempts to Kill Critics
"Epstein contacted Cambridge academics about research funding"
NVIDIA Down About 30% in 5 Weeks, When Does the Media Call It "Bubble" Rather Than Frame It as Sex Scandal?
they'll find a way to blame "China"
 
Intercontinental Brigading - Part XXXXVII - "Making a False Complaint to Police is a Crime." (British Cops Aren't American Mercenaries)
"In the United Kingdom, the Foreign Enlistment Act 1819 and the Foreign Enlistment Act 1870 make it unlawful for British subjects to join the armed forces of any state warring with another state at peace with Britain."
The Label 'Anti-AI'
They make it sound like opposing plagiarism or cheating is an act of intolerance or hatred
Intolerance and Violence
Intolerance in the software world is not a new problem
António Campinos Hiding From Staff Amid Strikes, Won't Participate in Dialogue
They voted to continue striking until Christmas
Silent Layoffs at IBM (Rolling Layoffs), Now Curbs on H1B (Mostly Indian Applicants)
Little will change at IBM except the gravity (global distribution) of its workforce will go east
Links 11/11/2026: Moving from Proton to Posteo and "Floating in Space"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 10, 2026
IRC logs for Tuesday, November 10, 2026
Gemini Links 10/11/2026: Running, Tektronix, and "Smallnet Information Services Zig Port"
Links for the day
Corporations Don't Lose 2 Trillion Dollars in 'Value' Over a 'Dick Story', This is an Overvaluation and Belated Correction
Nvidia is down, down, down again
Links 10/11/2026: "50 Years of Project Censored" and NVIDIA's Collapse Continues
Links for the day
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day
“Losing Huang Would Introduce a Lot of Uncertainty"
Huang won't last much longer
GNU/Linux Rose to 6% as Laptop/Desktop Operating System in Azerbaijan
In the past two weeks the average measure as seen by Clownflare is 5.7%
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Microsoft Will Pay $11,742 USD for Workers to Leave
11 lakh Indian Rupees
Since Records Began 18 Months Ago, statCounter Saw Chatbot Usage Falling Sharply
Chatbots are not becoming more popular and the commercial world is having second thoughts
Losing Their 'Faith' in Slop
Are leather jackets becoming a "signal" of "cheating on the wife"?
Protestants at the EPO Fight On, Rising in Opposition to and Against Corruption, Also Against GAFAM
Don't say we didn't warn you...
Boosters of Non-reciprocal Licensing Are Just Trying to Cancel Richard Stallman (RMS) and His Baby, GNU
If only they liked freedom as much as they love Microsoft (or Microsoft's GitHub, which is proprietary and unsafe)
Gemini Links 09/11/2026: Zephyr, Wireless Planet, and Old E-mail
Links for the day
IBM: From Illegal NDAs to Illegal Secret Settlements (Money in Exchange for Promise Not to Sue)
Insiders also explain why RAs may come weeks from now [...] IBM has marked 40,000 workers it wishes to get rid of
When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day