Bonum Certa Men Certa

Software Patent Trolls Are Dropping Like Flies in the United States

Flies



Summary: Colossal losses for patent trolls, who increasingly face challenges for a plethora of reasons including venue, competitive aspects, and 35 U.S.C. ۤ 101 (Section 101)

THE US Supreme Court (SCOTUS) has deterred and repelled patent trolls. Nobody would deny that, not even the trolls themselves. The SCOTUS Justices even used the term "patent trolls" (which surprised some observers), so they're well aware of this problem.



"The SCOTUS Justices even used the term "patent trolls" (which surprised some observers), so they're well aware of this problem."Of most interest to us there's 35 U.S.C. €§ 101 (Section 101), notably the Alice case. Lots of EPO-granted software patents (EPs) are nowadays disguised as "AI" or similar terms. The EPO promotes this. The EPO has done that almost every weekday since António Campinos took over. The same thing is happening in the US. Sometimes they say "ML" instead of "AI". I personally wrote ML code and technical reports a great deal before, since a decade and a half ago, so I'm fairly familiar with the underlying concepts. Those are statistics and maths, i.e. they're all abstract and invalid as per Section 101/Alice . Yesterday an article was published under the headline "What the ML Patent Application Boom Means for Tech". It's tempting to say say that it means bad patents, which are hard if not impossible to enforce in courts, are being pursued. From the article:

There has been a surge in applications of machine learning over the last few years as companies look for ways to leverage big data in their products and services. That has corresponded with a big increase in another type of machine learning application – i.e. those sent to the United States Patent and Trademark Office for protection. But the ramifications of the machine learning-patent uptick are not yet clear.

Statistical and anecdotal evidence suggests we’re in the midst of major upswing in patent protection requests for machine learning inventions. While hard numbers can be tough to come by due to intricacies of the USPTO process (and the fact that it will conceal applications upon request), several researchers have identified what they see as a surge in interest in protecting machine learning products over the past several years.


They're just trying to build/assemble a patent thicket around "AI" or "ML" or whetever, irrespective of the value or validity of the pertinent patents.

"They're just trying to build/assemble a patent thicket around "AI" or "ML" or whetever, irrespective of the value or validity of the pertinent patents."Abstract -- as per Alice/Section 101 -- patents should not be granted. Apple's very latest bunk software patents show USPTO examiners asleep at the wheel again. It's more of that "AI" nonsense.

But in better news regarding Apple, there's something about Wireless Licensing SARL, which is part of Conversant (formerly MOSAID). The case was covered in this relatively new post of ours as well as by Jan Wolfe, who wrote in Reuters about it:

A federal appeals court on Thursday took a step toward throwing out a $7.3 million patent infringement verdict a licensing company won against Apple Inc, saying the iPhone maker did not infringe one of the two wireless technology patents at issue in the case.

The U.S. Court of Appeals for the Federal Circuit reversed a finding by a California jury in favor of patent holder Core Wireless Licensing SARL. The appeals court did not disturb the jury’s finding that Apple infringed a different Core Wireless patent but asked the lower court to reconsider its enforceability, opening the door for Apple to nix the verdict entirely.


This is going to have far-reaching ramifications because the troll has targeted many companies, including Linux vendors. Apple is just one of the more 'lucrative' targets (more in potential 'damages').

"It's more of that "AI" nonsense."Consider Apple's history with a troll known as Mirror Worlds. We wrote about that before, e.g. in [1, 2, 3] and this troll was also covered here shortly after the decision last week. "Facebook still wasting money on defending itself over software patents," Benjamin Henrion wrote about this report. But Facebook does patent bullying of its own. It makes Facebook part of the problem, its much-appreciated support for the Patent Trial and Appeal Board (PTAB) notwithstanding. To quote:

Facebook has prevailed in a suit over its iconic news feed and claims it ripped off the idea from a patent troll.

Judge John Koetl granted Summary Judgement [PDF] to House Zuck, approving its motion to dismiss an allegation that the Facebook timeline violated Mirror Worlds' purchased patents on the organization of messages and news items.


Well, that timeline is software-based (arguably "AI") and such patents aren't valid anymore, especially after Alice (Apple didn't enjoy the full benefit of it).

"This is going to have far-reaching ramifications because the troll has targeted many companies, including Linux vendors."We are probably going to see a lot more cases like these in the news. Those are all software patents (very easy to spot based on a succinct description) and it seems like none can endure a court as high as the Federal Circuit.

Recent Techrights' Posts

Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
 
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market