Bonum Certa Men Certa

American Patent Courts Keep Narrowing Patent Scope, No Matter What Few Politicians Are Doing on Behalf of Litigation Firms and Patent Trolls

Ray Niro dies
Reference: Death of the father of patent trolling, Ray Niro



Summary: Acts of desperation in the patent microcosm of the United States, where judges now overwhelmingly reject software patents at all levels (tribunals, lower courts, higher courts)

AT THE TURN/START of the year we said we would focus on the European Patent Office (EPO), even at the expense of USPTO and American patent cases (especially the latter). But every now and then we see something important enough in the US and it is worth noting.



"The talk about Congressional intervention isn't particularly new. Coons, for example, has been trying and failing for years. He's trying again."35 U.S.C. €§ 101 is not going away. USPTO management may try to ignore it, but SCOTUS isn't doing anything to change it. Earlier this week we saw additional appeals from Watchtroll to compel SCOTUS to revisit the matter, but it's just not happening. In the meantime or meanwhile the Federal Circuit rejects Iancu's notorious guidance and inter partes reviews (IPRs), not ex, carry on as usual.

Yesterday we noticed that Steve Brachmann from Watchtroll demonises the Patent Trial and Appeal Board (PTAB) by going after “big tech” (the site hates technology, but it loves lawsuits over technology). It's the second time this week; he's just following up his boss. Months ago he attacked Zoe Lofgren for her pro-science/technology stance. This is how desperate these people have become. They attack judges, they attack politicians who aren't in the pockets of law firms, and somehow they expect to be taken seriously? We've also just noticed some of them citing Koch-funded 'research' on patents. They try anything they can to weaken €§ 101, but it's not getting anywhere. In fact, they're losing even more.

We're already seeing these patent maximalists irked by the fact that the Federal Circuit now (belatedly) views GUI patents as abstract and thus bogus, fake, invalid -- a reversal of this court's position from about a year ago (we wrote quite a lot about it back then). We've included links about that in our daily links (Patently-O, Watchtroll and others). The gist of it is that courts only get tougher, not more lenient, and technology companies step in to defend the courts/caselaw. Based on this tweet, the majority of patent lawsuits still get filed by patent trolls, so any pretense that innovation is at stake should be laughed off. The patent maximalists told us that their 'religion' would encourage innovation, but these days -- even after reforms -- these systems mostly embolden those whose career involves blackmail and extortion with software patents.

The talk about Congressional intervention isn't particularly new. Coons, for example, has been trying and failing for years. He's trying again. This time too he will fail. It already loses momentum because nobody talks about it this week, except the EFF's Alex Moss, who has just published "The Tillis-Coons patent bill will be a disaster for innovation" (we've mentioned it several times recently).

To quote:

In recent years, we’ve made major progress getting courts to give full effect to Section 101 of the U.S. Patent Act. That’s the section that defines, and limits, what can get a patent. Section 101 is critical in making sure that only inventions—technological advances attributable to human efforts—can be patented.

Now, key Senators are looking to undo all of that progress and drive the patent system into uncharted territory. Senators Tillis (R-NC) and Coons (D-DE) are pushing ahead with a proposal that will upend more than a century of case law and make the patent system far worse for small innovators and ordinary consumers in the software and health care industries.

Who will benefit most from the proposal? Companies that make money from aggressively licensing and litigating patents, especially in the fast-growing fields of artificial intelligence and medical diagnostics. And, of course, the patent lawyers and law firms who make money representing them.

Not to mention, patent trolls. With Section 101 broken, defendants will have lost a powerful tool for fighting bad patents. Most of the small businesses we profiled in our “Saved by Alice” project would have likely been pushed toward lengthy and expensive trials, rather than fast and fair resolutions, in order to defend against false infringement charges.



We find it extremely unlikely that this will get anywhere (just like the UPC, which maximalists said was "imminent" every year for about half a decade). And besides, it's not a matter for Congress to decide on. It's the courts' job to interpret law.

Recent Techrights' Posts

Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
 
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025
Gemini Links 18/06/2025: Magit and Farming
Links for the day
Slopwatch: BetaNews is Now a Slopfarm (Like Linuxsecurity) and Google News is Overwhelmed by Slopfarms
The Web is bad
Links 18/06/2025: SCOTUS Decision on Fentanylware (TikTok) Still Ignored, 4.5-Day Work Weeks
Links for the day
Links 17/06/2025: Windows TCO and G7 Rifts
Links for the day
The Right to Know and the Freedom to Report on Crime (at the Higher Echelons)
I'd like to do the same thing for the next 20 years
BetaNews Appears to Have Fired All Of Its Staff
Even serial sloppers
After the Web Becomes Slopped to Death
A lot of people are rightly fed up with the "modern" Web
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
Like Most Social Control Media, Microsoft LinkedIn is Collapsing
One reason for Microsoft acquisitions is debt-loading, i.e. offloading and burying its debt
Microsoft is Losing Its Richest Clients
Unlike some very poor countries, Germany and the EU are a considerable source of income to Microsoft
Proprietary Means Not Secure
Proprietary software tends to rely on secrecy, not good design
Slop in 'AI' Clothing is a Passing Fad, We'll Get Past It (Like Blockchain Before That)
Many people cheat in exams using slop and there are professionals that try using slop as a "shortcut"
GNOME Does Not Campaign Against Microsoft, KDE Does
It's good to see that KDE is still active in promotion of Free software - a term that it uses
Slopwatch: BetaNews, Linuxsecurity, and Other Prolific Slopfarms
name and shame the sites that establish such proliferation of slop
Gemini Links 18/06/2025: Birch Lake and Loon Pond
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 17, 2025
IRC logs for Tuesday, June 17, 2025