Bonum Certa Men Certa

Broader Acceptance in the United States That Software Patents Are Worthless, But Element Data Has Just Paid for Some

Some folks have literally burned their patents

Bin of Software Patents



Summary: The "acceptance" stage follows the agony of the patents 'industry', realising that it is incredibly hard to win in a courtroom any cases with software patents (never mind barriers at the USPTO and PTAB)

"A software patent may take $50,000 and 10 years to obtain, at which point the technology is obsolete," says this new article (from yesterday). Indeed, software patents are a waste of time and money, more so after Alice (2014). Why is anyone ever willing to pursue these? According to recent rumours, USPTO examiners may soon abolish software patents.



"Every computer program is abstract. This means that using words like "technical", "invention", "effect" or "device" (or pseudo-novelly buzzwords like "IoT" and "cloud") won't change the underlying nature."Yesterday we saw another new example of the patent microcosm pretending not to understand that software patents -- as per Alice as well -- are abstract and thus passé. Here is what Patently-O wrote:

One of the struggles of the Subject Matter Eligibility test is understanding the definition of the legal term “abstract idea.” The Supreme Court has used the term “abstract” in many other areas of law – perhaps most pointedly in the area of standing and the requirement of a concrete, non-abstract harm.


Every computer program is abstract. This means that using words like "technical", "invention", "effect" or "device" (or pseudo-novelly buzzwords like "IoT" and "cloud") won't change the underlying nature. Expert witnesses don't care for terms like "AI" and certainly not "over the Internet" or "on a phone". They're beyond all that marketing. They can deconstruct the concepts and it all boils down to algorithms, reducible to mathematics.

It's 2017, so of course software patents are no longer defensible in court. They're found to be invalid almost every time, yet yesterday this software patents booster wrote: "Its Monday, so of course IBM had patent application rejected as "abstract idea" by PTAB: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016005041-10-31-2017-1 …"

"It's 2017, so of course software patents are no longer defensible in court."Rightly so. This is the same IBM which lobbies hard against Alice and uses dirty tricks for that lobbying. We wrote many articles about that.

And speaking of software patents, this Microsoft-aligned site now speaks about Element Data buying patents of Auguri, a company with just half a dozen employees.

Element Data announced another acquisition today. The Seattle-area machine learning startup has purchased the technology assets and patents from Auguri Corporation, a small Silicon Valley company that describes itself as “a decision support software platform.”

Auguri employed six people and will shut down as a result of the deal. Its chairman, Fadi Micaelian, will join Element Data as its new senior vice president of innovation and partnership, and will remain in California.


Google reveals quite a few patents of/regarding "Auguri Corporation" and peeking at a few of these, they're software patents. If Element Data thought it was getting a bargain with these patents (not people), it would be wrong. The headline says "Element Data buys patents," but what if none of these is enforceable in court?

Recent Techrights' Posts

From EPO to "MAGA Regime": A Shift Away From Reality to Fake News and False Metrics
Disbelief in itself isn't a bad thing; but the problem is that people are taught to believe rich people in suits more than they believe others
Skype is Officially Dead Today and This is Why People Should Use Free Software Instead (Goodbye, Microsoft)
It's also a good reminder of why people should move to GNU/Linux
'Simple Articles' in MyGemini Just One of Many New 'Sites' in Geminispace
Geminispace has grown fast lately; it's turning 6 next month
SUSE the Company Now Uses LLM Slop to 'Write' Its Blog, What Does That Tell Us About SUSE?
There are many giveaways
 
Weaponisation of For-Profit Dockets - Part I: Hiding Behind Lawyers (or Guns for Hire) After Abusing Many People and Even Strangling Women While Microsoft Paid Salaries
This whole thing is very typical of the Microsoft and Bill Gates mindset
Links 05/05/2025: TikTok Still a Romanian Woe/Foe, Signal Perils Showing
Links for the day
Gemini Links 05/05/2025: Debian and GNOME and a "Welcome to Simple Articles"
Links for the day
Links 05/05/2025: US Economy Shrinks, US Presidency Spreading Deepfakes
Links for the day
Links 05/05/2025: Breaches, Environment, and Conflicts
Links for the day
Richard Stallman is in Alicante Today to Give a Talk, Czech Republic in Two Days (Wednesday)
Of course he can deliver the talk in Spanish
Gemini Links 05/05/2025: XL Bullies and Luddites
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 04, 2025
IRC logs for Sunday, May 04, 2025
Links 04/05/2025: Science, Conflicts, and Monopolies
Links for the day
GNU/Linux Above 7% in Bulgaria, Rising Just Like in Most of Europe
Up to 7%, not counting Chromebooks
Data Shows Largest EU Economies Shifting to GNU/Linux
all-time highs
statCounter Says Only One in 6 Web-Connected Clients in Hungary Are Using Windows, iOS Almost Bigger Than Windows Now
Hungary is a cautionary tale in the world of European (or Russian) politics
Many Reports About Microsoft's Financial Report/Performance Are False, Fake News, Churnalism/Parroting, and LLM Slop (Machine-Generated Lies)
Even if you see a thousand sites saying that Microsoft is performing well ask yourself why the company is rushing to fire tens of thousands of workers and cancelling datacentres
Links 04/05/2025: FCC Turning Into MAGA’s Censoring Machine, SEC Pressured to Delist Chinese Companies
Links for the day
Gemini Links 04/05/2025: Historical Artifacts and Date Calculations in POSIX Shell
Links for the day
In the First 3 Months of 2025 GAFAM Debt Rose by More Than $14.4 Billion
That's based on their official statements
10-Step Strategy to Get BRETT WILSON LLP ("Gun for Hire"), Microsoft's Serial Strangler, and the Serial Defamer to Compensate Techrights and Tux Machines for Years of SLAPPs and Abusive Litigation
There's no room or capacity for forgiveness here; enablers and protectors of crime need to be scuttled and pay up in full
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 03, 2025
IRC logs for Saturday, May 03, 2025
Microsoft's Debt Grew 2.1 Billion Dollars in the Past 3 Months Alone or 8.2 Billion in the Past Half a Year
That's very different from what the mainstream press tells the public, including shareholders
Happy 20th Birthday to OpenDocument Format (ODF)
nowadays many companies use "online" "webapps" to collaborate on various things
Links 03/05/2025: Amazon and Apple Problems (the A's in GAFAM), Hard to Hide Any Longer; Australia’s Election
Links for the day
Why Law Firms and Courts in Particular Should Dump Microsoft
Giving a notoriously corrupt and chronically law-breaking company control over one's systems and data is a recipe for disaster
Gemini Links 03/05/2025: Showerhead Mod and Micro Dosing on LSD
Links for the day
Links 03/05/2025: Bribery in Dutch Microsoft DC Probe, Zuckerberg Conflates Slop With 'Friends'
Links for the day
Passkeys Are Vendor Lock-in and Imperialism, Not Security, So Escape Them Before They Latch Onto Your Workflows
This is their 'grand vision' of computing. You merely 'rent' what you assumed you truly bought to own.
Today is World Press Freedom Day, 3rd of May
2025 World Press Freedom Day
Gemini Protocol's Momentum Ahead of Its 6th Anniversary (Next Month)
The more capsules go online, the more people participate in writing, not just reading
Corporate Media, a Cheerleader of Wall Street Facade, Spent Days Saying "META" and "MSFT" Lifted "the Market", But Their Debt Soared
Facebook's debt has never been higher
Microsoft Windows Falls to a Meager 9% "Market Share" in South Africa While GNU/Linux Rises Above 5% in Desktops/Laptops
South Africa is where the founder of Ubuntu (or Canonical) comes from
Let's Put Slop In the Casket Once and for All (Call Out the Sites and People Who Produce and Spread Slop)
Together, through a movement of integrity and solidarity, we can marginalise the spread of slop in all its forms, including code
Windows Down in the Largest Countries, Microsoft Cannot Dodge This Reality Forever
Talking about "clown" and "hey hi" (AI) - sometimes "Quantum" - is like telling bedtime stories to infantile investors who don't understand those buzzwords
Links 03/05/2025: Australian Election and manpage for Gemini Considered
Links for the day
Links 03/05/2025: UK Arrests for Bribery Connected to Microsoft Datacentres
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 02, 2025
IRC logs for Friday, May 02, 2025