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

Richard Stallman's Web Site Back Online, But It Seems Like a 2-Months-Old Snapshot
Latest political notes are dated July 2 (2026)
IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
 
The Legal Services Board (LSB) Takes on Solicitors Regulation Authority (SRA) for Utter Failures, We'll Resume Our SRA Series to Illuminate How Bad the SRA Really Is
a quick overview of the latest news
Links 04/09/2026: Notorious Patent Trolls' Judge Enters the Private Sector (Corruption, Revolving Doors), Gloria Steinem's Life in Pictures
Links for the day
Gemini Links 04/09/2026: Worries, Upgrades, and CS Students
Links for the day
SPAM Disguised as Benchmark or Comparison: The Register MS "PARTNER CONTENT" is Getting Weirder by the Month
Sites that promote fake 'coins' or pyramid schemes to their audience(s) aren't worth tolerating
PIPs at IBMs are Layoffs Because They're Impossible to Satisfy (or They Terminate Workers Despite Satisfying Them)
What insiders say
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day
Like Uber, Paypal's Debt Has Shot Up 2.5 Billion Dollars in 3 Months, Now the Mass Layoffs Come to India
even reducing the salaries by offshoring isn't enough to save the company
Microsoft "engineers who aren’t critical are let go" this week/month (silent layoffs)
"stack ranking"
Is Microsoft Trying to Kill What's Left of XBox by Year's End?
How many people will still bother purchasing these consoles by the end of the year?
SLAPP Censorship - Part 170 Out of 200: Downtimes
Yesterday traffic skyrocketed here
The Register MS Publishes More Word Salads Promoting "AI" Because It's Paid to Do So
Hype, name-dropping, and scaremongering
Gemini Links 03/09/2026: Google Maps, Gemini's Early History, and Suppressing Slop Plagiarists
Links for the day
Links 03/09/2026: Unsafe Skies, Thunderbird Adopts Proprietary / Vendor Lock-in Traps, "Xbox Live Down Again"
Links for the day
Growing Thirst for Free Software, the LibreOffice Edition
LibreOffice is in "high demand"
Links 03/09/2026: John Ternus Enters Apple Amid Mass Layoffs, Journalist İrem Delice Arrested
Links for the day
Stallman.org Down Due to Virtual Machines Issue, "Senior Engineers are Investigating the Issue" Since Saturday
RMS site down due to virtual machines issues upstream
Linux Foundation is Plagiarism Hub, Linux is at Risk From It
Torvalds never looked weaker and more compromised
Gemini Links 03/09/2026: Back in Japan, Another New Year, Reasons to Avoid Have a "Smart" "Phone", and Rant About Built-in Batteries
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 02, 2026
IRC logs for Wednesday, September 02, 2026
Identi.ca is Practically Dead, Just Like All Social Control Media (Eventually)
All Social Control Media is a waste of time
Gemini Links 02/09/2026: Intentions, Publishing on Workstations, and Connectivity Standards Alliance (CSA)
Links for the day
GNU/Linux Reaches 6% in Nepal
Today I checked GNU/Linux in Nepal again
SLAPP Censorship - Part 169 Out of 200: Calling People "Nazis"
'Cancel culture' in action
GNU Turns 43 This Month, GNU/Linux Turns 35 Next Year
It seems like no area of computing has not been impacted by the GNU/Linux revolution
Uber Debt Grew 2.5 Billion Dollars in 3 Months, Company Lays Off at Least 10% of Workforce
The media repeats the "official" numbers
Links 02/09/2026: The Machine Stops, AuraSearch, and DOOM 1/2
Links for the day
1-1 Meetings at IBM This Week, PIPs Expected, Maybe RAs Too
As usual, we invite whistleblowers to tell us what's going on
Links 02/09/2026: Germany Blames Russia for Leipzig Airport Drone Attack and China Gains Power as US Faces Humiliation in the Midst of Presidential Cover-up
Links for the day
Quit Talking About "AI Layoffs" and Talk About How Chatbots and Other Bots Broke Recruitment Processes by Cheating
Bots talking to other bots isn't HR; it's a catastrophe
It's Inevitable Anyway, So...
of course blame Chinese Communists for the "anti-AI" messages
Robotics Isn't "Hey Hi", Robotics Isn't New Either
Is the official Arduino blog becoming shilling platform for Qualcomm's "hey hi" [so-called 'intelligent'] chips?
Giving 'Free Publicity' to the People You Hate and Attack
Be careful what you wish for in social control media
Today We'll Focus on Growth of GNU/Linux
We've meanwhile noticed that Clownflare statistics for north American nations show 19% of requests (CDN) originating from GNU/Linux
IBM Secret (or Silent) Layoffs in September 2026
We need whistleblowers
Gemini Links 02/09/2026: GAFAM's E-mail Cartel, ROOPHLOCH 2026, and Homeworlds
Links for the day
Not Only Microsoft and IBM Hide Layoffs (Secret Layoffs) and Fail to Follow the Law (or Bypass It)
Microsoft's tactics are not so unique
People Who Participate in the Slop Plagiarism Pyramid Scheme and the Moral Dilemma (What's Acceptable for a Salary?)
giant pyramid scheme
State of the Slop, Linux Edition
Whether slop about "linux" becomes rarer by the end of this year, well... time will tell
Links 02/09/2026: 'Open' 'AI' (Proprietary Slop Plagiarism) Destroying Evidence, "Data Center Backlash Has Officially Rattled Scam Altman"
Links for the day
Andrew Lee Has Turned Freenode Into a Slopfarm (Because Who Needs IRC Anyway?)
The site is churning out slop all day long
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 01, 2026
IRC logs for Tuesday, September 01, 2026