Bonum Certa Men Certa

The Anti-35 U.S.C. €§ 101 Lobby Pushes Old News Into the Headlines in an Effort to Resurrect/Protect Software Patents

Advanced Voice Recognition Systems, Inc. ("AVRS") has meanwhile sued Apple with what looks like software patents "in the field of speech recognition and transcription" (according to its own press release)

AVRS history
So the whole 'company' is just a pile of patents (since its inception)



Summary: The software patenting proponents (law firms for the most part) are still doing anything they can -- stretching even months into the past -- in an effort to modify the law in defiance of Supreme Court (SCOTUS) rulings

35 U.S.C. €§ 101 isn't too complicated. Based on (or partly inspired by) several SCOTUS decisions, Section 101 limits patent scope and notably eliminates patents on abstract things (or ideas, including algorithms). The USPTO's current guidelines ought to assure that no software patents will be granted anymore; nevertheless, there are conflicting interests. That's why inter partes reviews (IPRs) and court challenges are needed. But, as one might expect, the patent maximalists aren't happy; they see this as an "attack" (a word they use) on their occupation or an attempt to "kill" (also a word they sparingly use) patents. They nowadays sling their guns and shoot from the hip at IPRs, at judges, and at courts. Some if not many are based in Texas, so the gun-slinging metaphor seems apt; not to mention their obsession with words like "attacks" and "kills". They call some tribunals "death squads", evoking a colourful metaphor of genocide.



"They don't profit from innovation; they make a living from extortion and lawsuits."Anything that these patent maximalists (some we call "extremists" because they go even further) throw at 35 U.S.C. €§ 101 is easy to debunk; they just cannot tolerate patent quality, patent justice and so on. They want a culture of protection rackets, not of innovation. They don't profit from innovation; they make a living from extortion and lawsuits. Their trade involves writing threatening letters, demanding money.

35 U.S.C. €§ 101 hasn't been in the headlines lately, partly because of the summer vacation. Some pundits wrote about Mayo, which also helped shape 35 U.S.C. €§ 101. We wrote about Vanda 3 weeks ago in "The Dangerous Adoption of Patents on Life and Nature" and 3 months ago in "The Federal Circuit's (CAFC) Decisions Are Being Twisted by Patent Propaganda Sites". The case is about Mayo, not about Alice, and it isn't as "high level" as either of them. In a sense, it's hardly even a big deal at all. This is very old news, too. Why is Donald Zuhn catching up with it weeks if not months late? Is this the best method for pushing their anti-35 U.S.C. €§ 101 agenda yet again (as news is slow)?

Earlier this week Zuhn (McDonnell Boehnen Hulbert & Berghoff LLP) wrote:

The memorandum explains that in Vanda, the Federal Circuit determined that the claims at issue are "patent eligible under 35 U.S.C. €§ 101 because they are not 'directed to' a judicial exception" (emphasis in memorandum).


Why is this being brought up in July? Heck, why does Managing IP now cover SAS Institute v Iancu? Its latest issue is summarised as follows (this week): "The issue’s cover story assesses the impact that the US Supreme Court’s SAS Institute v Iancu decision has had– and will have – on the Patent Trial and Appeal Board."

The Patent Trial and Appeal Board (PTAB) is safe owing to Oil States (the far more important decision). No coverage of the more important decision? Not even in the cover story? Intentional bias? Bias by omission again?

Even Watchtroll's PTAB bashing has slowed down considerably, knowing that -- as per recent events (notably Oil States) -- the quality of patents in the US will continue to be scrutinised and PTAB not crushed. This is sadly what we've come to expect from media which is literally run by law firms -- an epidemic that suffocates real journalism regarding patent matters.

Yesterday Watchtroll resumed its PTAB bashing, cherry-picking an old Apple case. Another patent maximalist has since then brought up a Federal Circuit case, saying that in "Apple v Contentguard (Fed. Cir. 2018); Fed. Cir. Held that Patent Claims for a Copyright Management System Do Not Qualify for CBM Review: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-2548.Opinion.7-11-2018.pdf …"

Anything which concerns Apple is, as usual, receiving a lot more attention. In fact, yesterday we saw this new press release from Advanced Voice Recognition Systems, which is a "patent assertion" entity (more or less), as covered in the past weekend's posts. There seem to be no actual (finished) products and they merely list lawsuits and patents in their Web site as though these are their products. From their press release:

Advanced Voice Recognition Systems, Inc. ("AVRS") (OTC: AVOI) announced today that it has filed a lawsuit in the United States District Court-Northern District for Arizona against Apple, Inc. ("Apple") for infringement of U.S. Patent No. 7,558,730 entitled "Speech Recognition and Transcription Among Users Having Heterogeneous Protocols" (the "'730 Patent"). The '730 Patent is the first of AVRS' family of patents in the field of speech recognition and transcription


Those are software patents. They're algorithms. Watchtroll is also (on the same day) promoting the HEVC patent trap [1, 2] -- a trap which very clearly concerns patented software in large amounts (many patents, probably too many to challenge at scale, as per the MPEG-LA strategy). Watchtroll wrote:

HEVC (also known as H.265) is a video compression standard originally developed to provide high quality video coding using half the bandwidth.


Software patents all over this. All should be considered void under 35 U.S.C. €§ 101, but there are so many patents that nobody has the funds or will to challenge them all. Certainly not companies like Apple, which actively pariticipate in this "thickening" or "thicketing" (setting up barbwire around industry 'standards').

"Mozilla complained about it yesterday, dubbing it “An Invisible Tax”."The Section 101 conundrum will no doubt continue to occupy the media for a year (if not years) to come. The "thickening" (as in patent thickets) of software standards/APIs, preventing participation by those who lack a large number of patents, is what's at stake. Mozilla complained about it yesterday, dubbing it "An Invisible Tax". ⬆

Recent Techrights' Posts

Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
 
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026
Black Brit on "Pictures Comparing Me to a Monkey" Because of Brett Wilson LLP Client
"Like Firm, Like Clients..."
President of the EPO Should be Kicked Out, Not Have His Term Terminated in 2028
The President is facing more scandals soon
David Gordon at The Register MS Keeps Feeding the Pyramid Scheme With Fake Articles That Say "AI" Dozens of Times
How can such a publisher still be taken seriously?
The Local Staff Committee The Hague (LSCTH) at the EPO Explains the Working Conditions and Crisis of Plunder (Less for Workers, a Lot More for Dictators Who Refuse to Leave Leadership Roles)
Next week will be epic
EPO Will Stop Working for 10 Days to Protest Against 'Cocaine King' and His Assault on Democracy, Lawfulness, Transfer of Power at EPO
Strikes, work stoppage, all rolled onto one
IBM Brings Avalanche to Red Hat October 1st 2026 (Thursday)
IBM is turning up the heat on staff
Links 29/09/2026: Mass Layoffs at Microsoft and Backlash Over Data Center Policy of Microsoft
Links for the day
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026