Bonum Certa Men Certa

To Understand Why People Say That Lawyers are Liars Look No Further Than Misleading Promotion of Software Patents

Lawyers are Liars
Credit: Book cover by Mark Kohler



Summary: Some of the latest misleading claims from the patent microcosm, which is only interested in lots and lots of patents (its bread and butter is monopolies after all) irrespective of their merit, quality, and desirability

THE happenings at the USPTO have been particularly noteworthy this past week. We'll say a lot about it over the weekend because we prefer to cover EPO scandals as a matter of priority. One aspect we can't quite wait until the weekend to cover is the lobbying and pressure put on Andrei Iancu. We'll cover this in the post after our next post. This post will focus on software patents and the next one on litigation.

The patent maximalists are fuming. They have become rather nasty and unpleasant. Some sent me threats by post. Yesterday, for example, Watchtroll (Gene Quinn and Steve Brachmann) reran the "China!" scaremongering. "Increases in Innovation, Patent Boom Leads to Development in China," says Watchtroll's headline. But patents have nothing to do with it, it's just typical Watchtrollism; it's watching after patent trolls' interests by promoting patent maximalism. We already did a lot of articles debunking this "China!" nonsense. It's growing in influence not owing to patents but in spite of patents. China even permits software patents now; does that make China a software powerhouse? Not by a long shot! It's India, where such patents are banned, which takes the jackpot.

"It's growing in influence not owing to patents but in spite of patents. China even permits software patents now; does that make China a software powerhouse? Not by a long shot! It's India, where such patents are banned, which takes the jackpot."In our view, patent maximalism is a flawed mindset and a 'brain virus'; one lawyer typically poisons the minds of others with patent maximalism. It has become like a faith and a religion; they're unable to see facts and instead saturate their minds with more of their nonsense, typically in exclusionary echo chambers that exclude people not like them. These are supposedly well-educated individuals, but greed outweighs the wits and they know they can make more money with patent maximalism (more litigation, draining money out of practising companies). Referring to patents correctly as "monopoly", this article from yesterday spoke about Lexaria; "Investors benefit from both a legal monopoly and the opportunity to generate royalty," it said. Yeah, some "opportunity" -- the opportunity or the chance to sue everybody. Good for lawyers, not necessarily for investors (especially not investors of the accused/defendants).

This morning an article from Texas turned up to remind us of the $502 million verdict against Apple. We wrote about it earlier this week and last week too. Investors of Apple certainly don't benefit from this patent troll, VirnetX, suing Apple in such notorious courts. Does that mean that these investors will urge Apple to stop software patents? They would be wise to. Courts and judges that oversee Apple cases appear to think so too.

"Mathematics (geometry) and software. That's all it boils down. Why would examiners permit that?"But Apple is actively pursuing software patents. Classic computer vision in this new example. It uses the buzzword "AR" to achieve this in spite of Alice etc. "Software giant Apple has filed a patent," it says, "dubbed "adaptive vehicle augmented reality (AR) display using stereographic imagery"."

Mathematics (geometry) and software. That's all it boils down. Why would examiners permit that?

Here is another new example, this time from Mastercard, which is pursuing blockchain patents. To quote:

Blockchain technology is gaining traction amongst mainstream financial service providers as the technology guarantees security, decentralization, cheaper transaction fees and faster ways of sending funds across the globe. Mastercard has also not been left behind in these developments. This is after it was rumored as being one of the payment card providers that refused to support Litecoin (LTC) and its Litepay project.

Mastercard has filed a blockchain system patent to store and verify identity data. The patent application was published on the 12th of April this year. In the abstract of the patent application, the team at Mastercard describes the patent in its intricacies. The team states that traditionally, proof of identy had been provided via government identification, credit cards and business cards and that such proof may be inaccurate or fabricated through fraud. They propose that there is a need for a technical solution to provide for the immutable storage of identity and credential data in a secure and verifiable manner.


Why would that be allowed? These are clearly software patents, which are a disgrace and a distraction. Virtually every software developer rejects them. "Help abolish them for good to make life better for programmers" is what I told this booster of them, but she has not replied. These people just don't seem to care about quality, only quantity. How about yesterday's example of Futuri? It's a firm which "plans to license the IP to be incorporated into other companies' apps or software." [1, 2]

"Unfortunately, even though courts repeatedly reject software patents the patent microcosm continues to give bad advice to clients."Here's another new example [1, 2] that says "PDCflow announces partnership with US Patent owner Zukunftware, LLC for management and licensing of newly patented technology."

Unfortunately, even though courts repeatedly reject software patents the patent microcosm continues to give bad advice to clients. Here we have Jonathon P. Western and Steven M. Jensen (from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.) suggesting a trick for pursuing patents that are now worthless. Yes, software patents are dead in the US (high courts always reject them). Western and Jensen say:

Software patents are generally directed to a sequence of steps or rules, i.e., an algorithm, performed by a computer programmed to carry out the algorithm.


Under Alice that is patently unpatentable. So why bother?

Stuart Meyer, writing for Fenwick & West (greedy patent lawyers and lobbyists for software patents), does try to find new ways/semantic tricks to undermine SCOTUS (Mayo and Alice) and patent software anyway. Yesterday he obsessed over another pair of words: “Directed To” (similar to "as such" or "per se").

To quote:

It bears noting that although the overall test is often referred to as the Mayo/Alice test, Mayo did not actually use this term at all. That said, Mayo certainly addressed the concept. Justice Breyer, delivering the opinion for a unanimous Court, said “Prometheus’ patents set forth laws of nature….” Similarly, “And so a patent that simply describes that relation sets forth a natural law.” The opinion discussed Einstein and Archimedes to establish that, “A patent, for example, could not simply recite a law of nature and then add the instruction ‘apply the law.’” (emphasis in all three mine)

[...]

Let’s circle back now to our discussion of what the dictionaries said and whether “directed to” is non-exclusive (i.e., the aim can be toward multiple targets) as opposed to the suggestion that “directed at” means only one target. The most current Supreme Court authority (Alice) says the test is whether the claim is directed to patent-ineligible material. So if “directed to” allows multiple targets, it seems that only one such target needs to be non-statutory to potentially doom the patent. But if that’s the case, then it seems insufficient for the court in cases such as Vanda and Enfish to identify a statutory target, since that still leaves open the possibility of other, non-statutory targets. In reality, it seems clear that neither the Supreme Court, nor the Federal Circuit, has really thought about this distinction. The fact remains that very subtle differences in how one thinks about the phrase “directed to” can be outcome-determinative, and we’ve not been provided with sufficient guidance as to how that phrase should be interpreted. The conclusion is the same as in my last post: such uncertainly allows result-oriented opinions that cannot readily lead to any meaningful settling of this fundamental issue. We should demand clarification from either the courts or Congress, since the viability of so many patents depends on what this phrase is understood to mean.


This misconception that because one can fool examiners or trick them into granting makes a patent worth pursuing ought to stop; what typically happens after that is inaction (no assertion, i.e. no RoI) or invalidation (by PTAB or courts). Law firms profit not only from pursuing bogus patents but also disputes over these.

Recent Techrights' Posts

Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
The "Alicante Mafia" - Part II - Breakout of Discontent This Winter in Europe's Second-Largest Organisation
So far we've caused a lot of panic and stress inside Team Campinos
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
At Microsoft, "Firing People is a "Cheat Code" to Pump the Stock Short-term But They Are Literally Destroying the Company's Soul Long-term."
They frame layoffs as a "success story"
 
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026
Great Reset at IBM, the Company That Pulps Red Hat
In 2026 many workers are RTO'ed, PIP'ed, and at Red Hat many have effectively 'left the company' and now start afresh as "IBM" staff
J.H.M. Ray Dassen & Debian, Red Hat, GNOME unexplained deaths
Reprinted with permission from Daniel Pocock
Gemini Links 16/01/2026: "Porting My Main Website Over to Gemini" and Seeed Studio DevBoard
Links for the day
IBM Stacked and Ranked Badly, Maladministration Dooms the Company
Now they stack people up for PIPs and layoffs ("RAs")
Google News Poisons Its Own Index With More Slopfarms (Including "filmogaz")
Naming and shaming lazy slobs who rip off other people using LLMs can work, eventually
Links 16/01/2026: UK Royal Family's "Legal Team Accused of Dishonesty, Fraud and Misconduct", OSI Still Controlled by Microsoft (the OSI's Spokesperson is on Microsoft's Payroll, Not Interim Executive Director, Deborah Bryant)
Links for the day
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day