Bonum Certa Men Certa

The Crackdown on Poor-Quality Patents in the United States Goes Well Beyond 35 U.S.C. ۤ 101/Alice

A systemic cleanup

Dark cleanup



Summary: 35 U.S.C. ۤ 101 (Section 101) targets many software patents, but as news from Patently-O, Watchtroll, Patent Docs and other patent maximalists serves to show, the basis for purge of bad patents goes well beyond that

THE patent microcosm can fool and manipulate the Iancu-led USPTO all it wants. At the end it's down for judges (in courts) to decide validity of patents in actual trials.



Not only Section 101 provides means by which to invalidate bogus patents. The case of D Three Enterprises (covered by Patently-O about a week ago) was mentioned several days ago by Watchtroll. In a nutshell, another patent got invalidated by the Federal Circuit, basically agreeing with the lower (district) court in the District of Colorado. Here's the part with all the relevant numbers:

On May 21, 2018, the Federal Circuit, in an opinion authored by Judge Wallach, ruled that patent owner D Three could not claim priority from U.S. Patent Application No. 61/150,301 (“the 2009 Application”), affirming the U.S. Federal District Court for the District of Colorado. D Three Enterprises, LLC v. SunModo Corp., Nos. 2017-1909, 2017-1910, 2018 (Fed. Cir. May 21, 2018)(Before Reyna, Clevenger, and Wallach, J.).

D Three Enterprises had sued SunModo Corp. and Rillito River Solar (doing business as EcoFasten) in the District of Colorado for infringement of various claims of alleging infringement of various claims of U.S. Patent Nos. 8,689,517 (“the ‘517 patent”), 9,068,339 (“the ‘339 patent”), and 8,707,655 (“the ‘655 patent”), which are directed to roof mount sealing assemblies. The allegedly infringing products were available to the public in June 2009 and 2010. To sustain its claim for patent infringement, D Three claimed priority to the 2009 Application, the parent application for the patents-in-suit. The parties agreed that the patents would be invalid without the benefit of the 2009 Application.


Notice that this has nothing to do with Section 101.

The Patent Trial and Appeal Board (PTAB) and District Court have moreover been affirmed/vindicated by the Federal Circuit not too long ago, based on 35 U.S.C. ۤ 311. They all decided to repeatedly reject a dumb patent and Kevin Noonan (Patent Docs) obsesses over dissent from one judge only, as usual. Here's what he wrote last week:

Judge Pauline Newman has been concerned regarding constitutional issues raised by the U.S. Patent and Trademark Office Patent Trial and Appeal Board's implementation of inter partes review as provided by the Leahy-Smith America Invents Act (codified at 35 U.S.C. ۤ 311 et seq.). Specifically, Judge Newman's concerns involve separation of powers issues and accordingly, are different from the issues raised in Oil States Energy Services, LLC. v. Greene's Energy Group, LLC.

[...]

As for the invalidity arguments, the panel held that the District Court did not abuse its discretion in denying Trans Ova's post-trial motions and that the jury's verdict was supported by substantial evidence (from XY's expert).


Yes, there has been "substantial evidence," as Noonan puts it. Remember that they have been trying to name-drop Berkheimer and play that card against invalidation, asserting that evidence wasn't sufficient.

Recent Techrights' Posts

IBM: Many Thousands of Layoffs in 2025
If 2025 is expected to be the same, then perhaps about 20,000 IBM workers will no longer be there
Google: Your Only Option is Google YouTube (Coming Soon: Mandatory DRM and Attestation?)
Digital Restrictions (DRM) to follow? Only for "approved" (attestation) browsers?
The Munich-Based EPO is Still Using a Platform That Promotes the Far Right and Rehabilitates Nazism
Active Twitter account
How the EPO Pressures Staff Into Minting More Monopolies (Patents), Even Illegal Ones That Harm Europe and Ultimately Dismantle the Rule of Law
insights into the pressure examiners are under
LLM Slop Machines Are Not a Win for "Open Source" and If They Get Cheaper, It's Even Worse
If some program that claims to be "Open Source" pollutes the Web with fake articles (Microsoft SPAM and fake "Linux" articles), whose win is it?
Richard Stallman Speech in Bengaluru, "Silicon Valley of India"
62 years have passed since his "young nerd" days and he's still at it
 
Links 30/01/2025: Microsoft Wants Convicted Felon to Give Fentanylware (TikTok) to It (After Making a Phonecall Asking for That in 2019), "Moving Away From Google's Ecosystem"
Links for the day
Jack M. Germain (LinuxInsider) Seems to Have Turned to LLM Slop, Graphics Slop, and B2B SPAM
LinuxInsider is barely active anymore
Links 30/01/2025: Amazon Layoffs and DeepSeek Panic
Links for the day
Gemini Links 30/01/2025: Chaos Reigns, E-mail, Searching
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 29, 2025
IRC logs for Wednesday, January 29, 2025
Mastodon Was Always Biased (Just Like Twitter After Abandoning Chronological and Neutral Timelines in Order to Become More Like Facebook)
So bury-brigading and click-farming control what people see
Certificate Authority Let's Encrypt Falls to Only 0.4% of the Total in Geminispace
Geminispace does not need to outsource trust
Links 29/01/2025: Dismantling Public Health in the US, Air Busan Plane Up in Flames (South Korea's Air Disasters Streak)
Links for the day
Announcements and Administrivia
This week we're going out for two days in a row to celebrate an achievement that's very respectable
Gemini Links 29/01/2025: Japan, GTD, and More
Links for the day
Sir, Yes, Sir. The Life of EPO Patent Examiners.
If working for the EPO makes it harder to sleep at night, take action
Links 29/01/2025: Data Privacy Day and Growing Tensions in Europe
Links for the day
Nazi Twitter (aka "X") Became a Troll Site That Lets People Buy a Blue Tick While Its Boss Actively Promotes Neonazi Politicians
the intellectual level of people who infest the Web through "Twitter" or "X"
This is Why They're So Afraid of Richard Stallman (He Tells People the Correct History)
Then they post about it to Microsoft's LinkedIn
Claim: Facebook Deletes Posts of IBM Red Hat Critics
As always, follow the money (advertisers)
Links 29/01/2025: Climate Crisis and "It’s time for the Xbox to fade away" (Microsoft Lose)
Links for the day
Links 29/01/2025: Buying Groceries During a Trade War, Political 'Retro'
Links for the day
More Illegal Patents at the EPO, Legality of Granted European Patents No Longer Matters to the Office
breaking the law for profit
Network Improvements Tomorrow
"Network maintenance" down in London
Sharing is Caring (But Advocating Copyleft Makes You a "Target")
GPLv3 does not close all the loopholes which the "Affero" helps close
Articles About Free Speech at Facebook
'Facebook vs Linux' story is now receiving a lot more media coverage
We Were Right About stallmansupport.org Making an Error by Joining Social Control Media. mastodon.social Suspends stallmansupport.org.
From what we can guess, accounts can be banned by some oversensitive admin or a mob of users ("bury brigades")
"Latest Technology News" in BetaNews Still LLM Slop and SPAM Composed by LLMs (It's Basically a Spamfarm Disguised as a News Site)
Only a fool would visit BetaNews in search of actual news
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 28, 2025
IRC logs for Tuesday, January 28, 2025
The EPO's Corruption, If It Remains Untackled, Helps the Far Right and Enemies of European Unity/Solidarity
Do not negotiate with evil
The Web, Including Wikipedia, Gets Filled With Lies About Bill Gates, Added by Bill Gates and His PR Team
Of course Wikipedia is funded by Gates
Facebook Banning Linux Sites (or People Who Link to Linux Sites) is Another Symptom of the Web's Demise
The state of media on the Web is really bad; Social Control Media amplifies the badness, as Facebook serves to show
Gemini Links 29/01/2025: Neovim Telescope and Writing Less
Links for the day
Links 28/01/2025: Chaffbot as Commodity Fad, New Import Restrictions in Thailand
Links for the day
Links 28/01/2025: "Against Social [Control] Media", "Smart" Buses' Ticketing System Cracked
Links for the day
[Video] Richard Matthew Stallman (RMS) in India, Talking About Proprietary Software's Dangers Only Yesterday
WebM file
Gemini Links 28/01/2025: Thinking About Not Much, Computing Fatigue, the Curse of JavaScript
Links for the day
"SuccessFactors" (SAP) Stunts at the EPO Used to Break Laws and Constitutions, Staff Tricked Into Harming Themselves
Ongoing corruption and lawlessness became the norm; Europe's second-largest institution (EPO) along with the largest institution (EU) has its very own Minsk
The GNU Manifesto Turns 40 in a Few Weeks
The FSF turns 40 later this year, too
Continued Support and Momentum at the Free Software Foundation (FSF)
"This helps protect our community."
Another Talk by Richard Stallman Tomorrow, This Time in Bengaluru
This means that in January 2025 he is giving at least 5 public talks
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 27, 2025
IRC logs for Monday, January 27, 2025