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

Many Topics to Cover
Drops in a big ocean
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
 
Secret Microsoft Layoffs and Maybe Another "Voluntary Exit Program at Microsoft in October"
there's a morale crisis at Microsoft
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs