Bonum Certa Men Certa

Microsoft Patent Trolls and IBM Against 35 U.S.C. €§ 101 and for Software Patents, Blackmail

They hardly even manage to keep it a secret any longer

Telling secrets



Summary: With the Defend Trade Secrets Act of 2016 gaining traction and with Section 101 limiting the scope of patents in the United States we now see increased lobbying and trolling by companies on the decline -- companies whose last remaining 'asset' is a large pile of software patents

THE enforcement of software patents has become very hard in the US. Many no longer bother with it, so litigation numbers dropped sharply. This is a positive development; unless or except for those who make a living from litigation (patent trolls, lawyers and so on).

"Copyrights do a good enough job protecting one's code from misuse."Our latest post on trade secrets certainly was a celebration of the shift away from patents, at least for software. Copyrights do a good enough job protecting one's code from misuse. Here is some mainstream media coverage about this trend:

Trade secrets claims are an increasingly common avenue companies are using to safeguard their intellectual property rights.

Trade secrets litigation has grown as the digital age has made sharing information quick and easy. In addition, the Defend Trade Secrets Act, passed in 2016, raised trade secrets from simply a state law claim to a federal one.

“Intellectual property holders are increasingly aware they have this tool in their arsenal,” Michael W. De Vries, with Kirkland & Ellis LLP in Los Angeles, told Bloomberg Law. De Vries has substantial experience representing clients in complex intellectual property disputes including patent litigation and litigation involving misappropriation of trade secrets.


We've already seen this law being used/leveraged in the context of software. One famous case concerns Sergey Aleynikov.

"Call these "AI" or "cloud" or "blockchain" or whatever, but these are still software patents and even holders of such patents know they'd be rendered invalid by courts (if brought into the context of litigation)."In the wake of Section 101 with Alice (SCOTUS) embodied in it we're seeing a fall in success rates of software patent litigation. Call these "AI" or "cloud" or "blockchain" or whatever, but these are still software patents and even holders of such patents know they'd be rendered invalid by courts (if brought into the context of litigation). Here comes Stephen O'Neal (yesterday in a blockchain-oriented/cryptocurrency-centric site) 'blockchain-washing' a bunch of software patents. To quote:

Last week, news of at least three major players applying for blockchain-related patents emerged: Bank of America sought to legally protect its blockchain-based system allowing the external validation of data, Barclays filed two patent applications relating to the transfer of digital currency and blockchain data storage, while MasterCard’s application mentioned a form of a public blockchain-based method for linking assets between blockchain and fiat accounts.

As blockchain technology continues to be one of the most discussed things in 2018 and a subject for mass adoption, the number of crypto-related patents is steadily growing — and with patent trolls joining the game, a legal war over blockchain might occur in the future.


There are indeed "patent trolls joining the game," but they too must know that those are software patents and therefore Alice is a threat to them. If they target (engage in extortion against) small companies, they will likely be able to avoid a legal battle. Other than that, they can hope and pray that Alice will just miraculously vanish. IBM lobbyists together with IPO have been working towards that for years; they have created a whole "task force" for this purpose, accompanying IBM's massive war of patent aggression. IBM's latest case of patent blackmail has been going public (due to a lawsuit). They do this to probably hundreds of firms behind closed doors and Bloomberg did a report about it last week, as did many other press outlets. Last week we saw IBM's patent chief (Manny Schecter) associating with and contributing to Watchtroll again. Citing Watchtroll about Mayo/Section 101, he said: "The Court in Alice did not state what "something more" might be? Of course they didn't. The Court declined to define "abstract" so how can one know what is significantly more than something as yet unidentified?"

"Algorithms are abstract," I told him. Software patents "are therefore over [and IBM] needs to learn to deal with it and stop blackmailing the whole world."

"It's worth noting that both IBM and Microsoft not only attempt to leverage software patents for extortion; they also attempt to change the law to facilitate this massive (multi-billion) extortion racket."As we noted here in the recent and distant past, Microsoft now pretends that it "loves Linux", so Microsoft has 'outsourced' patent litigation against GNU/Linux to various patent trolls.

We've just noticed that there's this Section 101 (35 U.S.C. €§ 101) case between Interval Licensing LLC and AOL (maybe the same "Interval" as Interval Research Corporation, the creation of Microsoft's co-founder; according to Wikipedia they overlap). It's a Federal Circuit (CAFC) case which Patent Docs covered earlier this week:

Interval Licensing brought an action against AOL and several other defendants in the Western District of Washington, alleging infringement of U.S. Patent No. 6,034,652. In a previous ruling, all asserted claims of this patent were invalidated as being indefinite. At issue in this decision are claims 15-18, which were subsequently ruled invalid for failing to recite patent-eligibile subject matter under 35 U.S.C. €§ 101.

[...]

Applying step one of Alice, the Court quickly concluded that the claimed invention was directed to "providing information to a person without interfering with the person's primary activity." This, in and of itself, is an abstract idea according to the Court due to it being analogous to news tickers on television programs, for example. The Court also frowned upon the claim's "broad, result-oriented" structure that "demands the production of a desired result (non-interfering display of two information sets) without any limitation on how to produce that result."


So Alice stopped this Microsoft-connected troll, which previously also attacked Android. It's worth noting that both IBM and Microsoft not only attempt to leverage software patents for extortion; they also attempt to change the law to facilitate this massive (multi-billion) extortion racket.

Recent Techrights' Posts

Summer Plans in Tux Machines
July is nearly upon us
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
 
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026
Links 26/06/2026: SoftBank Forbids Mentioning That Slop is a Scam, "'We Need Courageous People' to Combat Greed and Corruption"
Links for the day
Gemini Links 26/06/2026: "Negativity of Reddit" and "Moving Blog to Gemini"
Links for the day
Same MIT Site That Fabricated the Fake News for IBM is Still Being Paid to Produce Fake "Reports" That Prop Up a Ponzi Scheme
If this is the media we deserve as a society and believe keeps us informed, then we are all doomed
'Social' Slop: The Social Control Media and Slop Crises Are Converging
Social Control Media and slop may have a shared fate. People will shun them both.
XBox Being Discontinued, Some Models of XBox Canceled, Not on Sale Anymore
First some of the largest retailers quit stocking/selling XBox, now a 2TB model is axed
Union Syndicale Fédérale (USF) Speaks Out Against Campinos and Informs the Chairman of the EPO Administrative Council
Does Mr. Kratochvíl pay any attention at all?
'António the Pretender' Campinos is Digging His Own Grave With Grotesque Lobbying Intended to Undermine Democracy in Europe's Second-Largest Institution
One way or another, the EPO will never be the same again
The Principle of "Do No Harm"
"Do No Harm" is a common saying
After Years of Bluewashing People Who Are Still Labelled "Red Hat" Suddenly 'Leave' (Might be PIPs), IBM in "Forever Layoffs" Loop
Remember that Red Hat had mass layoffs this year
Microsoft Staff Bracing for Impact Ahead of "Layoffs Lottery"
some people start to assess who will get culled next
Donald Trump and IBM's CEO: Twins Separated at Birth, Saturating the Media With False Reports About Things That Don't Exist
Every "journalist" that went ahead with this fake news should be sacked on the spot for a rejection of fact-checking
The Register MS Will Become Indistinguishable From Spamfarms at This Current Pace
Follow the money...
Microsoft Layoffs Have Already Begun in Its PR Department
It is called Waggener Edstrom
Techrights Community as Litigants in Person (LIPs)
Unwittingly and due to circumstances we're had to step in to protect women abused by monstrous men who lack empathy
European Patent Office (EPO) Series: Rest and Recuperation on the Adriatic Coast
The EPO President's connections with the Croatian SIPO date back to his days as head of the EU trademark agency EUIPO
Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026