Bonum Certa Men Certa

The Demise of Software Patents in Patent Courts Worldwide Would Mean Much-Needed Staff Cuts in Litigation Giants

The demise of the UPC means that courts will remain software patents-hostile

Tilman Müller-Stoy
Image source



Summary: The European Patent Office and the American Patent and Trademark Office aren't managing to subject the courts to patent maximalists' demands (shown above it's Tilman Müller-Stoy from Team UPC); this means that, irrespective of whether they grant fake patents or not, such patent wouldn't get very far in legal proceedings

TECHRIGHTS has long opposed software patents in Europe (for well over a decade) and spent years promoting 35 U.S.C. €§ 101 in the US. What once seemed unaccomplishable in the US is nowadays a reality. It's just a shame that the EPO nowadays promotes software patents, thanks in part to António Campinos.



We mentioned Jonathan Rosenberg's article on Thanksgiving Day, as did some sites across the Web, e.g. this high-profile hardware site the following day, summarising: "Jonathan Rosenberg is the VP/CTO Collaboration at Cisco, SIP lead author, and a VoIP industry pioneer. He has written a blog post about the vagueness of software patents and how this has created the modern day patent troll. Patent trolls are companies that don't make a product but collect patents with the intent of using the vagueness of the descriptive language contained in the patent to "creatively" apply them to as many products as they can."

SoylentNews has just mentioned this too (earlier today). Readers told us about it.

Rosenberg himself has his name on a lot of patents (almost 100 at the USPTO), but he's not enthusiastic about it and he's in fact quite dismissive of their merit/s. we encourage sites/people/groups to spread his article widely; this can help sway public opinion.

On the other hand, Watchtroll now promotes the illusion that some ideas are "patents" and are thus "inventions"; it is a typical law firms' lie. "Moving from Idea to Patent: When Do You Have an Invention?" says the headline. As we shall show tomorrow, Watchtroll has gotten so desperate that it's attacking courts/tribunals again. These people have totally lost their minds; next they might lose their job, too. Their job depends on a lot of frivolous patent litigation; once that stops they run out of 'business' and have to get a real (productive) job.

Speaking of frivolous patent litigation, how about Tinder v Bumble? It's a laughable dispute. These are obviously fake patents that are software patents and the courts should throw these out to avoid further time-wasting. The following new article describes an abstract patent on workflow, not design per se. Why did they think Sarah Burstein was the suitable person to remark on it? She focuses on design patents (like shapes of devices), which is another thing altogether. To quote some passages:

Tinder and Bumble are sparring over the right to swipe with lawsuits on both sides claiming the other is in the wrong. Tinder’s parent company, Match, filed a lawsuit against Bumble last March on the grounds that Bumble stole their intellectual property. According to Bumble’s lawsuit, Tinder’s claim is false and designed to drive down Bumble’s worth and investment market.

Match claims that there are plenty of grounds for them to sue Bumble. The two popular dating apps are very similar by design, especially in early versions. At their core, they both show a person’s photo and a short description, and then allow the user to swipe right or left to like or dislike them, respectively. The main difference is that Bumble requires women to message first while anyone can initiate contact on Tinder.

According to Sarah Burstein, a professor at the University of Oklahoma College who focuses her research on design patents, Match has accused Bumble of nearly every type of intellectual property infringement the law allows. Match submitted a patent application for their double opt-in, swipe left/swipe right system over five years ago, about seven months before Bumble founder Whitney Wolfe left Tinder to launch the rival app.


Only the lawyers will win, as usual (legal bills, bickering over nonsense); we expect this lawsuit to go nowhere, but it will last a while... long enough for lawyers to pocket a lot of money from misguided legal action (which no doubt they encouraged/incited for).

Steph the "Troll Tracker" is back for Thanksgiving (after years of relative if not complete silence) and she writes about Honeywell, Intellectual Ventures, IP Nav, and Nest in light of more litigation:

This thing is awesome and would look particularly fetching in my front entryway, replacing the circa 1998 Honeywell electronic thermostat that hangs there now. And therein lies the rub: Honeywell doesn’t like the new player on the block and so went after Nest for patent infringement. What did Nest do? Crawled right into the arms of Intellectual Ventures for some protection . This is not wholly dissimilar from what Ditto had to do, selling out to IP Nav to get 1-800-Contacts off their back.

Oh, the irony.

Maybe this is exactly what the trolls had in mind to begin with? First, you go after everyone and their dog for patent infringement, focusing in recent years on the young and weak like startups, and then when the problem has become so rampant in the industry, you offer a “solution” which is nothing more than protection from people like yourself.


Remember that Intellectual Ventures' lawyers in Europe are pushing hard for the UPC, more so than the European Patent Office (EPO) ever did. They probably worry that the UPC's downfall would mean a lot of job cuts in their profession. They wrongly assumed that the UPC(A) would get ratified, spurring lots of patent lawsuits across the entire continent. As long as national patent courts are in tact, their chances of winning are slim to none and they cannot sue EU-wide (except in many pertinent courts that do not tolerate abstract patents).

Recent Techrights' Posts

SLAPP Censorship - Part 43 Out of 200: Garrett and Graveley Particulars of Claims Almost Identical and 5RB Needs to Investigate Its Barristers (Its Reputation is at Stake)
Scrolling up and down in social control media
The Central Staff Committee of the EPO Explains Late March Meetings Coinciding With Commencement of the Non-Stop Strikes at Europe's Second-Largest Institution
The fifth meeting report and sixth meeting report show some of the concerns leading up to the mass strikes
thenextweb.com (TNW) Appears to Have Become a Slopfarm, Fake Articles About France and GNU/Linux Flood the Web
If you're not against slop, you're part of the problem
Almost 3 Days Later, Still Zero Press Coverage (Except One Publisher) About Mass Layoffs at Red Hat, Almost 500 People Laid Off (Over 400 for Sure)
"A document posted by FOSS advocacy site Techrights appears to be that memo and explains that Red Hat has devised a location strategy under which it has identified key sites for prioritized hiring and strategic workforce investment."
The Register MS, About 6 Million Pounds in Debt, Helps Promote Microsoft's Gartner Group and Prop Up the Ponzi Scheme of Slop Plagiarism, Fake Article Mentions "AI" About 20 Times
What was now known as The Register UK not only works against the interests of the UK; it works for charlatans and frauds
 
Resistance to SLAPPs in the UK: Coalition Growing
thankfully awareness of SLAPPs in the UK is improving
Links 12/04/2026: Mass Rebellion Against Slop, UK Crackdown on Nudification by Slop
Links for the day
Gemini Links 12/04/2026: "Objective Truth" and Flutter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 11, 2026
IRC logs for Saturday, April 11, 2026
Red Hat: We Kill People, But Please Obey the CoC or We'll Banish You
From Red Hat's own site
Gemini Links 11/04/2026: Floppy Disks on Linux and Junix
Links for the day
statCounter: Microsoft Windows Falls to All-Time Low This Month in France
French government agencies are ordered to move to GNU/Linux
Disgruntled IBMers Explain Why IBM is Circling Down a Death Spiral, Gerstner (Recently Deceased) Destroyed IBM in April 1993, and IBM Now Weaponises PIPs to Attack Its Own
We've just checked if anyone has covered mass layoffs at IBM Red Hat. Nope.
Gemini Links 11/04/2026: Critique of Delta Chat and Why Trying to Emulate Centralised, Addictive "Facebook" is Misguided
Links for the day
Links 11/04/2026: Scam Altman’s Trust Issues at OpenAI and EFF Quitting Twitter
Links for the day
Links 11/04/2026: Twitter Presence Considered Harmful to News Sites, "The Future of Everything is Lies"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 10, 2026
IRC logs for Friday, April 10, 2026
Three Years Ago We Disconnected From the United States, Now France Does the Same
Maybe in the coming months France will recruit loads of UNIX/Linux specialists
While Thousands of EPO Workers Are on Strike the President of the EPO, Who Bribes His Voters, Gives Himself Millions of Euros and 5,000 Euros Per Month in Housing Allowance
Campinos is immune, inherently corrupt, and habitual briber of his 'voters'
IBM and Red Hat Whistleblowers Versus a Dying Fourth Estate (Journalism Seems to Have Died as Silently as IBM RAs Go)
What a crazy world we live in!
Slopfarms We Forget About Because They Silently Die
The hard reality (for slobs and sloppers) is, slopfarms have no future
Gemini Links 10/04/2026: Flexiveganism, What Happened to Twitter, and Algorithm Fetishes
Links for the day
Links 10/04/2026: Indonesia's Social Control Media Bans Extend to Google YouTube, "I.M.F. Says Iran War Will Drag Global Growth Lower"
Links for the day
Media Blackout Regarding Mass Layoffs at Red Hat
To be very clear, what happened is certainly real
IBM 'Value' Fell 20%, The Executives Took Bonuses and Bonus Hikes
IBM is paying more and more money to the executives
SLAPP Censorship - Part 42 Out of 200: Getting the Very Basic Technical Concepts Very Wrong, or Where Miscomprehension Begets "Plausible Deniability"
It's difficult to argue with people over things that they do not even understand
This Coming Weekend and Next Week We'll Cover EPO Scandals a Lot, There Are Still Perpetual Strikes That the Media Intentionally Avoids Covering
Expect our focus on EPO corruption to grow again
More Information on IBM Red Hat Layoffs in April 2026, Hundreds of Skilled GNU/Linux Engineers Laid Off (300+ Simultaneously)
How long can the corporate media ignore IBM layoffs for?
Raw: Extensive Evidence of Red Hat's Mass Layoffs in China (IBM Meets Geopolitics)
This has nothing to do with workers' performance
We'll Never Ever Do Social Control Media, Nate Silver's Article Helps Explain Why
If you want to research and publish, stay away from it
SLAPP Censorship - Part 41 Out of 200: More Misuse of UK-GDPR (for US Citizens), More Copy-Pasting for Garrett and Graveley, Alleging That Publishing Unflattering Information is a 'Privacy' Issue
No wonder his own colleagues thought poorly of him (the junior barrister)
Links 10/04/2026: Pseudoscience and "Amazon Pulls Support for Perfectly Fine Older Kindles" and More Attacks on American Journalism
Links for the day
Dr. Andy Farnell Blasts Misuse of the Term "AI" to Describe Plagiarism, Plunder, and Misinformation
Dr. Stallman wrote about it back in the early 1980s
A Sign of Progress?
We'll solve war hunger and colonise Mars soon, according to men who never graduated from College
The Slop Delusion: This Morning We Broke Story on Red Hat Layoffs in Two Posts, Google is Already Plagiarising Them With Slop and Getting the Basic Facts Wrong
Google does not have "AI"; it has slop, which means it scrapes other people's work, then imitates it poorly
"IBM is Constantly Laying Off People" (Not Just in Red Hat)
IBM as a company is collapsing
Many Layoffs at IBM Red Hat, as the Rumours Said
Red Hat mass layoffs [...] "this was a difficult decision to make."
Microsoft, Drowning in Net Debt, Will Make Many More Cuts
The company is a net negative to society
April 15: Richard Stallman to Speak at the University of Texas in Austin, Texas
Next Wednesday in the afternoon Dr. Stallman will speak in a US college for the second time this year and for the second time in nearly 8 years
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 09, 2026
IRC logs for Thursday, April 09, 2026
Gemini Links 10/04/2026: Cycling, Slop, and Software to Keep Photos Organised
Links for the day