Bonum Certa Men Certa

Some US Patents' Quality is So Low That There's a Garden Clearance/Fire Sale

Allied Security Trust (AST) is trying to offload many of them, the deadline being tomorrow

Australia and America



Summary: Rather than shoot worthless patents into orbit where they belong the Allied Security Trust (AST), collector of dubious patents [1, 2], will try to sell them to gullible opportunists and patent trolls (even if the said patents would likely perish in courts)

THE USPTO spent decades granting a lot of poor-quality patents (like those the EPO nowadays grants, due to Battistelli's policies). Many of these patents will never be tested in courts (the vast majority will have expired without any court action), so it will be hard to tell just what proportion of these patents is bunk. There are no reliable estimates of that.



"Many of these patents will never be tested in courts (the vast majority will have expired without any court action), so it will be hard to tell just what proportion of these patents is bunk."Many companies sell their patents in bulk, usually to patent trolls. Some get sold because the patents are about to expire, whereas others are sold due to a company's bankruptcy. The term "fire sale" comes to mind. As Wikipedia defines it: "A fire sale is the sale of goods at extremely discounted prices, typically when the seller faces bankruptcy. The term originated in reference to the sale of goods at a heavy discount due to fire damage. A fire sale may or may not be a closeout, the final sale of goods to zero inventory. Fire sales are said to occur in the financial markets when bidders who value assets highly are prevented from bidding on them, depressing the average selling price below what it otherwise would be. This lowering of the price can cause even further issues because it may be inaccurately perceived as signaling negative information."

"Many companies sell their patents in bulk, usually to patent trolls."The abundance of US patents isn't something to necessarily be celebrated; what really matters is how strict or lenient patent examination is; when it comes to patents, journalism or 'articles' these days are just a 'shopping list' of patents, e.g. this from RichmondBizSense: "Local patents for 7.18.18" (yesterday)

Or this one from patent propaganda sites like "Dallas Innovates"/"Dallas Invents" series: "Dallas Invents: 97 Patents Granted for Week of July 10" (this is the latest of many)

"Worthless patents are currently being sold by a parasitic entity, AST, using buzzwords like "Artificial Intelligence" and "Internet of Things" (typically software patents)."It's nothing but a copy-paste job; they make no effort to assess or explain these patents.

Worthless patents are currently being sold by a parasitic entity, AST, using buzzwords like "Artificial Intelligence" and "Internet of Things" (typically software patents). Bring in the garbage trucks. They've just advertised these [1, 2] as follows:

Artificial Intelligence / Machine Learning Augmented Reality / Virtual Reality Automotive / Transportation Services Blockchain Internet of Things / Connected Devices Smart Home Software / Web Services Wireless


The deadline is tomorrow. How many patent trolls will pick up patents in there? How many can be voided by Section 101?

Watchtroll's guest writer, Alex Poltorak, wrote on July 12th about US patent number 10 million, which is likely bunk/bogus as per Section 101. To quote:

Last month, the U.S. Patent Office issued patent number 10,000,000. This historic occasion calls for rethinking our patent system and the future of American innovation.

In the past, such an event would have been a cause for celebration, a testimony to our ingenuity. Back then, patents were valuable assets, protecting and incentivizing innovation. A valid patent gave its owner the right to stop infringers in their tracks. Unfortunately, that is no longer the case.


Yes, not because of "bad courts" but because of bad patents -- patents that should never have been granted, right? That silly celebration of 10 million patents could also be seen in Sioux Falls Argus Leader two days ago, courtesy of "Jeffrey Proehl [who] is a registered patent attorney with Woods, Fuller, Shultz & Smith P.C. in Sioux Falls." Obviously he's just marketing himself. It's not really journalism, it's PR.

"How many patent trolls will pick up patents in there? How many can be voided by Section 101?"Thankfully, software patents and other abstract patents have lost their 'teeth; it's like they are zombies or just "dead" (the term used by patent maximalists) because the Patent Trial and Appeal Board (PTAB) belatedly applies the law through inter partes reviews (IPRs). Here's a new example of it, just published by Law 360:

PTAB Nixes 2 Customer Service Software Patents



The Patent Trial and Appeal Board has struck down two patents covering customer service software, finding that a California-based company’s patents are invalid as obvious.

In two final written decisions issued Monday, the PTAB ruled that tech company LivePerson Inc. had shown that 17 claims across two patents owned by rival [24]7.ai. Inc., formerly known as 24/7 Customer Inc., are both rendered obvious by a combination of earlier inventions.


Might this be a cautionary tale for those who still pursue software patents because the patent maximalists 'pull a Berkheimer' or speak of the fictitious "Berkheimer Effect"? As we've shown here many times before, Berkheimer has not had a profound effect. Iancu the Trump appointee attempted to use it to weaken PTAB, but virtually nothing has changed. Denver Business Journal has just reported that he spoke in Denver, but other than that he has been keeping a really low profile lately. Ellie Mertens, a writer for the patent maximalists' media, says that Berkheimer did have an effect, but her article is behind a paywall, so we're unable to see what source or data she's citing. The summary says:

New data reveals that findings of invalidity and the success of 101-based motions to dismiss have dropped since Berkheimer, the most important subject matter eligibility case of 2018


It's only "the most important" in the eyes of patent maximalists who attempted to exploit it for their personal agenda (as did Iancu). Unless we actually see some hard data to support the above hypothesis, we'll just continue to assume that Alice, together with TC Heartland and Oil States (also this year; far more important than Berkheimer), mean that software patents are bunk, courts that tolerate such patents are less accessible, and PTAB is free to invalidate them, based on the latter two decisions from SCOTUS, respectively. Berkheimer is just one among many Federal Circuit decisions.

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
 
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day