Bonum Certa Men Certa

3 Months Later (and Counting) Software Patents Remain Demolished in the United States

And repeating lies (patently false assertions) won't make them true

Sun burst



Summary: The more positive atmosphere in the United States is attributable to the fact that risk of being sued over use and/or development of software declined considerably; nothing has changed at the higher tier (courts) and those who claim otherwise are simply lying to us or lying to each other

THE STATUS quo when it comes to patent law in the United States is encouraging. It's far better than it was a decade ago or even half a decade ago (years after AIA). Seeing the notable improvement, 3 months ago we stopped focusing on USPTO matters and focused instead on the EPO and older topics such as GNU/Linux. A few days later, as expected, Iancu made some silly announcement which was bound to just anger judges (as it evidently did a week ago).



"The bottom line is, patent maximalists are delusional or are intentionally lying. This is apparently the new normal; Team UPC has been doing the same thing for years."Where are we now? Well, 35 U.S.C. ۤ 101 remains in tact. SCOTUS isn't revisiting the matter (nothing like Alice since 2014), so the Federal Circuit and Patent Trial and Appeal Board (PTAB) dismiss software patents every day (unlike in Europe where courts rarely get the opportunity to do this).

Professor Lemley, whom patent trolls and maximalists love to hate (because he's influential and he constantly refutes them), has just said that "[s]aying that the law of patentable subject matter is in flux is an insult to fluxes everywhere."

It's worth noting that people who insult judges and also mock the law -- never mind the courts, the science and the academics/academia (people like Lemley) who do research into it -- are behind these claims of "flux". Then there are the Koch-funded 'academics' in incognito institutions almost wholly funded by the Koch brothers. Who should we trust?

Just before the weekend Engine (front group for technology companies) said that it had participated in a political event. To quote: “Frivolous patent litigation has no place in our legal system.” [more so frivolous patent litigation by patent trolls that never created anything] @RepHankJohnson kicking off a great panel by @U4PatentReform on the state of patent reform on Capitol Hill!"

Watchtroll, suffice to say, isn't covering any of that. Posts without any comments are sometimes posted by their clueless writers (no legal background) under the banner of "Capitol Hill". These people are really out of touch and this year we no longer link to them (to deprive/discourage traffic at Watchtroll, whose founder stepped down). How about this one from yesterday? This headline from Managing IP contains an obvious and likely deliberate lie. The Iancu guidance does the very opposite of "consistency"; it helps violate/bypass the caselaw/law and grant bogus patents (inconsistent with courts' position).

The bottom line is, patent maximalists are delusional or are intentionally lying. This is apparently the new normal; Team UPC has been doing the same thing for years. Managing IP is too shy to tell lies, so it stopped covering UPC matters and it seems like their most active writers have quit (Mr. Loney for example).

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day