Bonum Certa Men Certa

The Federal Circuit Continues Squashing Software Patents

The Court of Appeals for the Federal Circuit virtually overrides even a rare decision from last year -- one in which it tolerated a software patent

Sharon ProstSummary: Under the leadership of Sharon Prost (left) the Court of Appeals for the Federal Circuit (CAFC) continues its war on software patents, making it very hard to remember the last time it tolerated any

THE EPO is depressing, but at the USPTO we are currently seeing a lot of bad patents swept aside and eliminated by the courts.



The latest?

It's referring to Enfish v Microsoft again:

Federal Circuit finds mail patents invalid under Alice despite Enfish plea



The US Court of Appeals for the Federal Circuit has affirmed a district court decision that found seven patents belonging to patent licensing company Secured Mail Solutions (SMS) invalid under the Alice Corp v CLS Bank ruling.

This is despite SMS stating that the decision in Enfish v Microsoft—which adopted a more permissive approach to computer-related technology—meant its patents shouldn’t be invalidated.

The dispute began after a complaint was made by SMS, which was set up by former lawyer Todd Fitzsimmons “to pursue the using and licensing of his inventions”. SMS accused marketing company Universal Wilde of infringing seven patents relating to various systems and methods for mail verification.


So Enfish does not quite change much (if anything at all). In fact, on the same day as the above report -- a report about invalid patents -- the patent microcosm (PCK Perry + Currier Inc Currier + Kao LLP) suddenly recalls Enfish v Microsoft. To quote:

This rare decision bucks the current US trend of invalidating software patents as mere abstract theorems as started by the decision in Alice Corp Pty Ltd v. CLS Bank Int’l, 573 U.S. __ (2014) (“Alice”).

[...]

In this case, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed the decision of the district court in part, finding that the claims at issue were patent-eligible as being directed to “an improvement to computer functionality itself, not on economic or other tasks for which a computer is used in its ordinary capacity.” [pg. 12] The CAFC also reversed the finding that the claims were anticipated, but affirmed the district court’s decision that there was no infringement. [pg. 30]


Let's wait and see how many patent maximalism sites conveniently ignore the decision regarding the patent troll, SMS.

Here is what Patently-O wrote several hours ago:

The patents all involve an mailer (i.e. package or envelope) with an identifier on the outside such as a barcode, QR code, or URL. Once delivered, information is communicated (via computers) to the recipient about the contents and the sender.

As Patently-O readers understand, abstract ideas themselves are not patentable. Likewise a patent directed to an abstract idea is also unpatentable, unless the claims include an additional inventive concept that goes beyond the unpatentable idea to “transform the nature of the claim into a patent-eligible invention.” Alice.

The Alice two-step inquiry first asks whether the claims are directed to an abstract idea. Here, the courts agreed that the claims “are directed to the abstract idea of communicating information about a [mailer] by use of a marking.” Under Step Two, the appellate panel found that the claims merely recited “well known and conventional ways to allow generic communication between a sender and recipient using generic computer technology.” Invalid.


So yet more software patents bite the dust at the Federal Circuit. When was the last time the Federal Circuit tolerated an actual software patent (not something which the maximalists wrongly described as such)? We can hardly remember.

It certainly seems like, at least as far as the Federal Circuit is concerned, software patents are dead. They have no chance.

Dr. McDonagh has meanwhile mentioned this new case in which "Facebook and Instagram receive enforcement letters over iFramed app" (nothing innovative).

To quote: "Telecoms company UnitedCorp has claimed that features on Facebook and Instagram that allow users to reveal their location infringe technology it owns covering a newly released smartphone app.

"In cease-and-desist letters, Miami-based UnitedCorp said the social media networks’ geolocation-based image overlays infringe a patent covering the iFramed app."

Seems like a simple Alice case if Facebook (connected to Instagram) decides to file an IPR and/or challenge it in a court. Facebook is one of the loudest PTAB proponents after all. It's incredible that some patent cases like these are still being filed, let alone against a deep-pocketed company which can afford to appeal all the way up to CAFC (or higher).

Recent Techrights' Posts

A Lot of Technological 'Progress' Has Been Nothing But Buzzwords
Free software does not try to excite people people over nothing
Proprietary Software: Here Today, Gone Tomorrow
Proprietary software has an entirely different mindset, revolving around business models rather than science
Web Hostnames Down to Lowest Number in More Than 7 Years!
the number of hostnames is falling rapidly (they hide this by choosing logarithmic scale)
Over at Tux Machines...
2 days' worth
Stop Begging Companies That Don't Value Your Freedom to Stop Pushing You Around
That's not freedom
The forbidden topics
There are forbidden topics in the hacker community
 
Malware in the Ubuntu Snap Store, Thanks to Canonical Bloatware Mindset
Reprinted with permission from Ryan Farmer
Gemini Rising
There are 3523 capsules
Richard Stallman Gave a Talk Yesterday, Will Give Another Talk Today, and Will Give Two More Talks in Germany Later This Week
Those cover at least 2 different topics
Beware the Microsoft Sharks
We won't forgive and forget
IRC Proceedings: Saturday, September 30, 2023
IRC logs for Saturday, September 30, 2023
Don't be Afraid of the Command Line, It Might Even be a Friend
There's a tendency to think that only graphical interfaces were made to simplify usage, and any declarative interface is by design raw, inherently unfit for usage
One Positive Note About GNU/Linux Coverage in 2023 (Less Microsoft)
GNU/Linux users do not want this, with very rare exceptions
Snaps Were Never Good at Security, But the Media Coverage is Just Appalling
The media should focus on culling Windows, not making a huge fuss over minor things wrongly attributed to "Linux"
Better Footage of Richard Stallman's Talk Last Week: “Freedom in computing, forty years after starting to really protect it”
Richard Stallman speaks about the cancer situation early in his speech
Links 30/09/2023: A Government Shutdown and More Blizzard Layoffs
Links for the day
Links 30/09/2023: Bing Almost Offloaded Due to Failure/Losses, Nvidia Raided
Links for the day
Community is the Lifeblood of Freedom in the GNU/Linux World
Removing or undoing the "cancerd" (systemd) is feasible but increasingly difficult
Richard Stallman Says He Will Probably Live Many More Years
"Richard Stallman has cancer. Fortunately it is slow-growing and manageable follicular lymphona, so he will probably live many more years nonetheless. But he now has to be even more careful not to catch Covid-19."
Quitting 'Clown Computing' and GAFAM is Only the Start
The Web and the Net at large became far too centralised
They Say Free Software is Like Communism When They, the Proprietary Software Giants, Constantly Pursue Government Bailouts (Subsidies From Taxpayers)
At the moment Ukraine is at most risk due to its dependence on Microsoft (inside its infrastructure)
Social Control Media Has No Future, It Was Always Doomed to Fail (Also Promoted Based on Lies)
Recent events, including developments at Twitter, meant that they lost a lot of their audience and then, in turn, sponsors/advertisers
They're Been Trying to 'Kill' Richard Stallman for Years (by Mentally Tormenting Him)
Malicious tongue wanted to do him what had been done to Julian Assange
We Temporarily Have Two Gemini Capsules
They're both authentic and secure, but they're not the same
Consumerism is Lying and Revisionism
We need to reject these liars and charlatans
Links 30/09/2023: Open VFS Framework, CrossOver 23.5, Dianne Feinstein Dies
Links for the day
Security Leftovers
GNU/Linux, Microsoft, and more
Microsoft Down on the World Wide Web, Shows Survey
down by a lot in this category
IRC Proceedings: Friday, September 29, 2023
IRC logs for Friday, September 29, 2023
A Society That Fails Journalists Does Not Deserve Journalism
It's probably too later to save Julian Assange as a working publisher (he might never recover from the mental torture), but as a person and a father we can wish and work towards his release
Almost Nothing To Go With Your Morning's Cup Of Coffee
Newspaper? What newspaper?
Techrights Was Right About the Chaff Bots (They Failed to Live up to Their Promise)
Those who have been paying attention to news of substance rather than fashionable "tech trends" probably know that GNU/Linux grew a lot this year
Selling Out to Microsoft Makes You Dead Beef
If all goes as well as we've envisioned, Microsoft will get smaller and smaller
Curation and Preservation Work
The winter is coming soon and this means our anniversary is near
Mobile Phones Aren't Your Friend or a Gateway to Truly Social Life
Newer should not always seem more seductive, as novelty is by default questionable and debatable
Links 29/09/2023: Disinformation and Monopolies
Links for the day
iFixit Requests DMCA Exemption…To Figure Out How To Repair McDonald’s Ice Cream Machines
Reprinted with permission from Ryan Farmer
Jim Zemlin Thinks the World's Largest Software Company Has 200 Staff, Many of Whom Not Technical at All
biggest ego in the world
Microsoft GitHub Exposé — In the Alex Graveley Case, His Lawyer, Rick Cofer, Appears to Have Bribed the DA to Keep Graveley (and Others) Out of Prison
Is this how one gets out of prison? Hire the person who bribes the DA?
Richard Stallman's Public Talk in GNU's 40th Anniversary Ceremony
Out now
Links 29/09/2023: Linux Foundation Boasting, QLite FDW 2.4.0 Released
Links for the day
Red Hat Does Not Understand Community and It's Publicly Promoting Microsoft's Gartner
RedHat.com is basically lioning a firm that has long been attacking GNU/Linux in the private and public sectors at the behest of Microsoft
A 'Code of Conduct' Typically Promoted by Criminal Corporations to Protect Crimes From Scrutiny
We saw this in action last week
Objections to binutils CoC
LXO response to proposed Code of Conduct
Conde Nast (Reddit), Which Endlessly Defamed Richard Stallman and Had Paid Salaries to Microsoft-Connected Pedophiles, Says You Must Be Over 18 to See 'Stallman Was Right'
Does this get in the way of their Bill Gates-sponsored "Bill Gates says" programme/schedule?
Techrights Extends Wishes of Good Health to Richard M. Stallman
Richard Stallman has cancer
endsoftwarepatents.org Still Going, Some Good News From Canada
a blow to software patents in Canada
The Debian Project Leader said the main thing Debian lacked was more contributors
The Debian Project Leader said the main thing Debian lacked was more contributors
IRC Proceedings: Thursday, September 28, 2023
IRC logs for Thursday, September 28, 2023
Links 28/09/2023: Openwashing and Patent Spam as 'News'
Links for the day