Bonum Certa Men Certa

Decades of 'Stupid' Software Patents, Tactlessly Granted by the USPTO, Have Caused a Flood of Invalidations and Now a 'Section 101 Day'

Courts continue to be overwhelmed by briefs and motions for invalidation of abstract patents, Judge Leonard Stark (chief of the new American 'rocket docket') admits

Chief Judge Leonard Stark



Summary: Stunning admission from Chief Judge Leonard Stark, who is coming to grips with the severity of the quality issue and is announcing/heralding a 'Section 101 Day'

QUALITY of patents is an important aspect of patent law. The quality of US patents -- or patents granted by the U.S. Patent and Trademark Office (USPTO) -- became the subject of much ridicule in recent decades. Going back to the days of 'Slashdot glory', people used to routinely shame patents over there. Companies like IBM were often forced (to save face) into conceding patents. At Sun, esteemed engineers had a game: let's see who manages to get the most stupid patent accepted by the USPTO. Admissions about these games came out after Oracle had bought Sun.



"At Sun, esteemed engineers had a game: let's see who manages to get the most stupid patent accepted by the USPTO."Just before this weekend the EFF's Joe Mullin announced the "Stupid Patent of the Month" (something he used to do a lot as a journalist). He now focuses on charlatans with fake patents that are software patents. To quote:

What if we allowed some people to patent the law and then demand money from the rest of us just for following it?

As anyone with a basic understanding of democratic principles can see, that is a terrible idea. In a democracy, elected representatives write laws that apply to everyone, ideally, based on the public interest. We shouldn’t let private parties “own” legal principles or use technical jargon to re-cast those principles as “inventions.”

But that’s exactly what the U.S. Patent Office has allowed two inventors, Nicholas Hall and Steven Eakin, to do. Last September, the government proclaimed that Hall and Eakin are the inventors of “Methods and Systems for User Opt-In to Data Privacy Agreements,” U.S. Patent No. 10,075,451.

The owner of this patent, a company called “Veripath,” is already filing lawsuits against companies that make privacy compliance software. With Congress and many states actively engaged in debates over consumer privacy laws, Veripath might soon be using this patent to extract licensing cash from U.S. companies as well.

[...]

Some background: Venpath, Inc., a company with a New York address that appears to be a virtual office, assigned the rights in the ’451 patent to VeriPath just days before the patent issued in September last year. As it happens, the FTC began enforcement proceedings against VenPath last September. The FTC’s complaint [PDF] alleged that VenPath’s website represented that “VenPath participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework.” The FTC alleged a count of “privacy misrepresentation.” It claimed that VenPath “did not complete the steps necessary to renew its participation in the EU-U.S. Privacy Shield framework after that certification expired in October 2017.” The FTC issued a Decision and Order [PDF] requiring VenPath to remove the misrepresentations.

An exhibit [PDF] attached to the complaint shows that one of the named inventors on the patent, Nick Hall, contacted Faktor to ask what its prices were. Hall identified himself as the CEO of VenPath. Once Faktor responded, Veripath sued Faktor in federal court in New York.

In its lawsuits, Veripath claims that basic warnings about cookies on websites, a now-common method of complying with the GDPR, violate its patent. The lawsuit against Faktor notes that Faktor’s own website “might not work properly” unless a user consents to having her browser accept cookies.

[...]

Even when a patent is invalid, defendants face pressure to settle. Patent litigation is expensive and it can cost tens or hundreds of thousands of dollars just to get through the early stages. To really protect innovation we have to ensure that patents like the ’451 patent are never issued in the first place. The fact that this patent was granted shows the Patent Office is failing to apply the law.

We are currently urging the public to tell the Patent Office to stop issuing abstract software patents.


"Stupid Patent of the Month" used to be announced and/or selected by Daniel Nazer, but he recently changed jobs and now works for Mozilla.

""Stupid Patent of the Month" used to be announced and/or selected by Daniel Nazer, but he recently changed jobs and now works for Mozilla."At the start of the year we promised ourselves to focus more on the European Patent Office (EPO) and GNU/Linux, mostly at the expense of USPTO coverage, unless things take a sharp turn for the worse in the US. Two months down the line, have things gotten worse? No. Not really. But the concerns expressed above (by the EFF) are not baseless because at the moment the Office continues to grant software patents -- abstract patents that oughtn't be granted. We keep seeing more and more stories about such patents being squashed in courts; sometimes we only include them in daily links without remarking/talking about them. We have to budget our time.

Here's another example: Paltalk/PeerStream case. The Patent Trial and Appeal Board (PTAB) will probably trash the underlying patents (there's an inter partes review (IPR)), based on this new press release, but the lawyers will get money for the dispute anyway. Patents on software should never be granted by the U.S. Patent and Trademark Office (USPTO) in the first place. In case the lawsuits goes forward it can take a long time (months of legal bills); it's very expensive to take this up to the Federal Circuit, and exceptionally difficult to get SCOTUS to even listen/consider. Either way, the lawyers always win. Mind this new piece from Finnegan, Henderson, Farabow, Garrett & Dunner LLP's Adriana L. Burgy and Thomas L. Irving. They try to lure clients into lawsuits, not properly informing them about the risk. There's no "Favorable Seas"; quite the contrary.

"That's just 35 U.S.C. €§ 101 in action."In the words of this new article ("'Section 101 Day' Yields Quick Ruling On Patent Eligibility"): "Sitting behind the bench at the Wilmington, Delaware, federal courthouse, Chief Judge Leonard Stark explained that his docket had become flooded with legal briefs arguing that a patent covers ineligible material..."

That's just 35 U.S.C. €§ 101 in action. Similar things happen at the Office too, but patent maximalists such as Janal Kalis look really hard (exhaustively) for the exceptions. Here's the latest one: "The PTAB Reversed an Examiner's [35 U.S.C. €§] 101 Rejection of Claims for "producing shipping labels based on information included in a shipping uniform resource identifier" But Affirmed the Examiner's 102 and non-statutory double Patenting Rejection: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2017004956-02-06-2019-1 …"

Unified Patents published a string of overnight posts last night [1, 2, 3, 4]. It's going after a bunch of software patents which are leveraged in bulk by a satellite of Qualcomm. To quote Unified Patents: "Velos claims to have and seeks to license patents allegedly essential to the HEVC / H.265 standard. The ’365 patent is part of a family of patents that were originally assigned to Qualcomm Inc. and transferred to Velos Media in 2017. After conducting an independent analysis, Unified has determined that the ‘365 patent is likely unpatentable."

They are tackling several such patents (US 8,964,849, US 9,930,365 and US 9,979,981 were named last night) and they would be wise the do the same to MPEG-LA, whose cartel is a lot broader and recently chased companies in Europe for 'protection' money, even if software patents are not valid in Europe. We'll focus on Europe in our next post.

Recent Techrights' Posts

IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
 
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025