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

IBM Firings (or Silent Layoffs) After Bluewashing; "IBM’s Employment History is More Troubling Than its Patriotic Marketing Suggests"
"It has zip to do with race but everything to do with the greed of the 1% who have been doing all they can to destroy the middle class..."
“Week van de Werkstress” and Work-Related Stress at the EPO, Where Staff is Bullied Into Granting Illegal Patents for Foreign Monopolists
"poor working environments, including discrimination and inequality, excessive workloads, low job control and job insecurity pose a risk to mental health"
Czech Republic: GNU/Linux Rises Above 5% in Desktops and Laptops
A year ago it was somewhere around 4%
Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
 
The Decade Ahead, a Decade of Suppressed Stories
Our stories aren't discouraged or considered taboo because of racism or "toxic politics" or anything like that; they just hurt powerful people and corporations
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part V - "Reports Closed Without the Evidence Being Examined."
Totally what the SRA did regarding Brett Wilson LLP
Gemini Links 07/11/2026: Illusion Garden and Lagrange 2
Links for the day
Complexity is the Tyrant's Friend
Slop is for feeble minds and cheaters
EPO's Local Staff Committee The Hague Says Almost or About a Third of Staff Assembled to Organise at "a Time of Continued Social Unrest"
They speak of "circa 850 staff members in attendance" (in The Netherlands there are about a couple thousand)
Suggestions That XBox Will be Offloaded by Microsoft, Rather Than Shut Down, Make the False Assumption XBox is Profitable (It's Not, It's a Liability)
Microsoft has serious financial troubles
Which "Smart" "Phone", Which "Social" "Media", and Which "Cloud" "Storage"?
Let's take back control of the language
State of the (Linux) Slop, Late 2026 Edition
Google News (Gulag Noise) is a plagiarism booster
Year 21
It's 5PM here
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day
Links 05/11/2026: Rule of Law Vanishing in Turkey, Joshua Wong Still Martyred by Chinese Regime
Links for the day
Gemini Links 05/11/2026: Classical Music, Politics, and Seeed Studio
Links for the day
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026