Bonum Certa Men Certa

The US Supreme Court's (SCOTUS) Decision to Void Abstract Patents May Mean That BlackBerry Has No Future, None Even as a Patent Troll

The man behind this awful strategy has meanwhile left the company

Mark Kokes



Summary: Owing to 35 U.S.C. €§ 101, former phone giants such as BlackBerry find themselves toothless; Google too (dominant with Android on phones) is losing the ability to patent algorithms

THE SCOTUS 'gift' which was 35 U.S.C. €§ 101/Alice (2014) has been no gift to BlackBerry, which now relies on poor-quality patents, granted by the USPTO by the tens of thousands.



"So BlackBerry is finding out that its software patents are worthless."Over the past week we've seen this Canadian 'troll' (some experts actually call it that these days) losing its patents. Yes, BlackBerry is struggling also to 'monetise' its patents, having long struggled to sell actual products.

As patent maximalists put it some days ago:

Three BlackBerry patents have been invalidated in four IPRs brought by Google, while two more IPRs relating to another BlackBerry patent are pending


Software patents from a malicious parasite that is suing companies when it fails to get money (outside the court) would not be missed. BlackBerry uses such patents against companies other than Google. But Google is wealthy enough to fight back; it can afford a legal challenge instead of surrendering in the face of threats.

As Malathi Nayak put it in corporate media (not patent maximalists):

Alphabet Inc.'s Google has knocked out two BlackBerry Ltd. patents on technology that helps users navigate mobile device screens.

BlackBerry’s user-interface patents were obvious and unpatentable as they were covered by previous inventions, the Patent Trial and Appeal Board ruled Aug. 29. The ruling comes a day after the administrative board also invalidated BlackBerry’s patent on instant message time stamps.

Google’s patent review challenges and BlackBerry’s infringement lawsuits against companies such as Facebook Inc. and Snap Inc. test the strength of BlackBerry’s patents. BlackBerry is looking to leverage its 40,000 patents to revive revenue growth. Its patent licensing revenue made up nearly 30% of the 2019 fiscal first quarter revenue of $213 million.

Google challenged four BlackBerry patents last year. Google, which now has killed three of them, is awaiting a board decision on its remaining challenge on a patent covering software security.


So BlackBerry is finding out that its software patents are worthless. James Korenchan has weighed in on BlackBerry Ltd. v Facebook, Inc., which is an older case that we wrote about last month. Here are some details:

Last week, the U.S. District Court for the Central District of California ruled that claims related to providing time data for messages communicated between electronic devices in a messaging conversation are patent ineligible under 35 U.S.C. €§ 101.

Back in March, BlackBerry Limited ("BlackBerry") filed suit against Facebook, Inc., WhatsApp, Inc., Instagram, Inc., and Instagram, LLC (collectively, "Facebook Defendants"), alleging infringement of nine patents. BlackBerry then sued Snap, Inc. ("Snap") a month later alleging infringement of six of those nine patents. The Defendants in each of these suits each moved to dismiss their respective cases. Snap moved on the basis that each of the six asserted patents are patent-ineligible. The Facebook Defendants moved on the basis that four of the nine asserted patents in that suit are patent-ineligible. The Court's ruling addressed seven of the nine patents, three of which were common between the two suits. In particular, the Court granted Snap's motion with prejudice as to the independent claims of asserted U.S. Patent No. 8,301,713 (the '713 patent) and otherwise denied all other motions, including Snap's movement with respect to the dependent claims of the '713 patent. This post addresses only the ruling on the '713 patent.


So as we've expected as well as hoped, BlackBerry's litigation campaign is going down the drain (little by little). The underlying patents just aren't legitimate.

"...had all software patents been voided as ineligible (or no longer eligible) a lot of spurious, frivolous litigation such as BlackBerry's would be immediately eliminated."Daniel Nazer (EFF) has meanwhile condemned Google again, reaffirming our claims that it's wrong to associate the EFF with Google (as patent maximalists like to do, having blamed their woes on Google and the EFF). It's about this infamous patent application, which is an attempt at software patenting with prior art in the Public Domain. In the words of the EFF, "After Patent Office Rejection, It is Time For Google To Abandon Its Attempt to Patent Use of Public Domain Algorithm" (we'd go further and suggest Google stops its patent aggression, too).

At EFF, we often criticize software patents that claim small variations on known techniques. These include a patent on updating software over the Internet, a patent on out-of-office email, and a patent on storing data in a database. Now, Google is trying to patent the use of a known data compression algorithm - called asymmetric numeral systems (ANS) – for video compression. In one sense, this patent application is fairly typical. The system seems designed to encourage tech giants to flood the Patent Office with applications for every little thing they do. Google’s application stands out, however, because the real inventor of ANS did everything he could to dedicate his work to the public domain.

Jarek Duda developed ANS from 2006-2013. When he published his work, he wanted it to be available to the public free of restrictions. So he was disappointed to learn that Google was trying to patent the use of his algorithm. In his view, Google’s patent application merely applied ANS to a standard video compression pipeline. Earlier this summer, Timothy B. Lee of Ars Technica published a detailed article about the patent application and Duda’s attempt to stop it.

This week, the Patent Office issued a non-final rejection of all claims in Google’s application. The examiner rejected the claims on a number of grounds. First, he found the three broadest claims ineligible under Alice v CLS Bank, which holds that abstract ideas do not become eligible for a patent merely because they are implemented on a generic computer. The examiner rejected all of the claims for lack of clarity and for claiming functions that are not described with sufficient detail (applicants are often able to overcome these kinds of rejections with an amendment).


Notice that part about Alice v CLS Bank and bear in mind that had all software patents been voided as ineligible (or no longer eligible) a lot of spurious, frivolous litigation such as BlackBerry's would be immediately eliminated. ⬆

Recent Techrights' Posts

Links 01/11/2026: Digital Minimalism and "Palantir Cofounder Announces Cruel Plan to Breed Thousands of Lab Monkeys for Medical Experiments"
Links for the day
 
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?
Gemini Links 01/11/2026: OpenBSD, Broken MicroHDMI, Nextcloud, and More
Links for the day
IBM Vapourware on a Budget (to Grab Bailouts From US Taxpayers)
Anderon is the sort of thing that makes IBMers uncomfortable
Microsoft Accenture in Trouble, Accenture’s Debt Skyrockets
Seeing a wave of adoption of Free software in Europe, it's not exactly shocking that "consultants" from Microsoft Accenture are no longer in demand
Microsoft Says Its "Goodwill" Value Has Been Declining for Years, But It Also Claimed That Doubled in One Year
Wall Street deserves far more criticism or scepticism (at the very least)
SkyChatz: From Nothing to #2 in IRC (in Less Than a Year)
Second only to Libera.Chat
Making Up Words or Inventing a Vocabulary
Or why Large Language Models are useless
Assange on What Lula Means to Free Press
Here in the UK we've also found our 'Lulas'
GNU/Linux is No Underdog (But There Are Attempts to Put It "To Sleep")
There's a moral imperative
Intercontinental Brigading - Part XXVI - The "Law and Order" Candidate Who Crushes Both Law and Order and Even Rejects Election Outcomes (Insurrection Follows)
A world without real technical security is a world void of democracy, justice, and human rights
Links 01/11/2026: Malaysian Media Perishing, France Belatedly Identifies Social Control Media as Weaponised Yellow Press
Links for the day
Gemini Links 01/11/2026: "Trick-or-Treating seems to be dead, at least in our neighborhood"; BaseFree Numerical System and Human Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 31, 2026
IRC logs for Saturday, October 31, 2026
Gemini Links 31/10/2026: MangoWM, Qutebrowser and Codeberg, Plugh
Links for the day
Massive Cuts Inside Microsoft (the Media Does Not Talk About That)
It is in many ways like IBM a decade ago
In US Government Sites, GNU/Linux Measured at New All-Time High of 7% (or About 10% Across Desktops/Laptops Alone)
There's no doubt GNU/Linux is growing
Intel Has Just Lost in One Single Day Over 150 Billion Dollars in 'Value' (Market Cap), Intel is Also Over 50 Billion Dollars in Debt
This really says a lot about Wall Street and the slop bubble, doesn't it?
They Hate Him Because He's Effective
Effective voices invite more aggressive censorship attempts
Audience Growing in Spite of the Deluge of Webslop
We probably benefit from the rejection of LLM slop
The Munich FUD Tactics (Microsoft Modus Operandi): Microsoft-Connected Sites Claim Denmark Failed With Free Software, But That's Not What Actually Happened
With Microsoft, it almost always boils down to politics
Links 31/10/2026: John Romero Comeback After Being Shafted by Microsoft, Google Faces Criminal Probe Over Deforestation in Finland
Links for the day
Gemini Links 31/10/2026: Rambling on Self-hosting and Ad Video Screens Don’t Make Money
Links for the day
Can't Trust Big Banks, Let's Try 'Bros' Instead?
But let's blame "North Korea"
IRC's Growing Popularity in 2026
No company controls or profits from IRC, it is in the Commons
"AI" as Surrogate for Debt and Distraction From Computing (Bots Described as "Agents" and/or Any Form of "Intelligence" is More Like a Religion)
We're letting people without even college degrees game the "market" (Wall Street) by lying to it
Intercontinental Brigading - Part XXV - Election Integrity at a Time of Back Doors and Very Severe Bugs in UEFI
How dare British media comment on insurrection following a US election?
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Gemini Links 31/10/2026: Hallowe'en and "Thinking About People"
Links for the day
Links 31/10/2026: The Hinge on Apple's Constantly Breaking New Foldable iPhone Was "Built With Slop", Slop Causes Cash Squeeze GAFAM
Links for the day
Amazon's Debt Skyrockets by Almost 100 Billion Dollars in 9 Months
On top of that there is additional (secret, kept stealth by accounting tricks) debt
Google Illegally Destroyed a Quarter Million Trees Without a Permit for a Hypothetical Project That Might be Cancelled, Debt Has Soared by 30 Billion Dollars in 3 Months ($10 Billions Borrowed Per Month)
Google is bleeding from slop
Slavery at Microsoft
illegal if true
Many People "Left" Red Hat This Month, Including Yesterday
We already saw this with SUSE
Gemini Links 31/10/2026: "Where I Draw the Line With" Slop Plagiarism and "Nobody Cares That You're Leaving Proton" (Over Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 30, 2026
IRC logs for Friday, October 30, 2026