Bonum Certa Men Certa

RecogniCorp v Nintendo is Another Nail in the Coffin of Software Patents in the United States

Last night's pleasant surprise came from Nintendo

Nintendo



Summary: A precedential new decision against software patents is terrible news for the patent microcosm -- something for them to spin or moan about for a long time to come

LAWSUITS against Nintendo have been covered here for a long time. The company has quite a lot of cash, so it's an attractive target for opportunists and patent trolls.



"Maybe Watchtroll is trying to come up with a way to insult the judge/s -- the same thing he did the last time it happened."Yesterday, the Court of Appeals for the Federal Circuit (CAFC) did something which will likely to change the debate for months to come, maybe even years. We have made a local copy of this decision [PDF] because it's likely to be mentioned (cited) a lot in the future and we don't wish to risk losing easy/free access to it a decade down the line. Here it is as animated GIF:

Opinion on Nintendo



This decision will no doubt annoy the patent maximalists. It's a catastrophe to them because it's precedential. Watchtroll does not seem to have said anything about it (not that ignoring it would make it go away) and is instead mocking PTAB as usual or promoting software patents on Blockchain -- a subject we explored here many times before, e.g. in [1, 2, 3, 4]. Maybe Watchtroll is trying to come up with a way to insult the judge/s -- the same thing he did the last time it happened.

"This is a fantastic way to end the week (this decision was delivered late on a Friday)."Watchtroll could use "weekend" as an excuse, but his buddy, "Patent Buddy", is visibly concerned with tweets like this: "Fed. Cir. Chips Away at McRO in Precedential Recognicorp v Nintendo"

Or even this: "RecogniCorp v. Nintendo, Decided Today by the Fed. Cir. Can Be Used to Kill Any Software Patent" (the word "kill" is a propaganda term of the patent microcosm, implying that patent invalidation is the moral equivalent of murder).

This is a fantastic way to end the week (this decision was delivered late on a Friday). It's altogether very good news. CAFC has put out there quite a few precedential decisions against software patents recently. More on SCOTUS and CAFC will be published tomorrow (the less pressing/urgent news).

Recent Techrights' Posts

Links 19/11/2024: War on Cables?
Links for the day
The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
 
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely taking about these problems isn't allowed
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024
Links 18/11/2024: Science News and War Escalations in Ukraine
Links for the day
Gemini Links 18/11/2024: Degrowth and OpenBSD Fatigue
Links for the day
Technology: rights or responsibilities? - Part VII
By Dr. Andy Farnell
BetaNews is Still 'Shitposting' About Trump and Porn (Two Analysers Say This 'Shitposting' Comes From LLMs)
Probably some SEO garbage, prompted with words like "porn" and "trump" to stitch together other people's words
Market Share of Vista 11 Said to be Going Down in Europe
one plausible explanation is that gs.statcounter.com is actually misreporting the share of Vista 11, claiming that it's higher than it really is
Fourth Estate or Missing Fourth Pillar
"The term Fourth Estate or fourth power refers to the press and news media in explicit capacity of reporting the News" -Wikipedia on Fourth Estate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 17, 2024
IRC logs for Sunday, November 17, 2024
LLMs Are Not a Form of Intelligence (They Never Will Be)
Butterflies are smarter than "chatGPT"
Business Software Alliance (BSA), Microsoft, and AstroTurfing Online (Also in the Trump Administration Groomed by BSA and Microsoft)
Has Washington become openWashington? Where the emphasis is openwashing rather than Open(Source)Washington?
Windows at 1%
Quit throwing taxpayers' money at Microsoft, especially when it fails to fulfil basic needs and instead facilitates espionage by foreign and very hostile nations