06.20.15

After Alice Case ‘Judges Invalidated Patents Wholesale’

Posted in America, Patents at 5:09 pm by Dr. Roy Schestowitz

Wonderland may be on the horizon now

Alice in Wonderland

Summary: Courts in the United States are rapidly eliminating many software patents, but the media, (mis)informed by patent lawyers and other patent practitioners, is slow to report it if it ever reports this at all

PatentBuddy says that “ABA [American Bar Association] Alice Task Force found that Dist. Ct. judges invalidated patents wholesale, citing Alice, without any evidence, 66% of time.” Separately it claims that “ABA Post Alice Task Force Found that USPTO Rejections of Claims under 101/Alice Relied upon Boilerplate only, no evidence, 64% of time.”

Whichever figure is taken (with a grain of salt of course), it is clear that a lot of software patents are being invalidated and patent lawyers (and by extension barristers or judges) are expectedly worried. Lawyers are trying to discredit courts’ decisions to invalidate software patents because it’s basically their livelihood — preying on programmers who are actually creating something, not just printing lots of pages and fighting in courts or sending threatening letters at the rate of approximately $300 per hour.

“Whichever figure is taken (with a grain of salt of course), it is clear that a lot of software patents are being invalidated and patent lawyers are expectedly worried.”PatentBuddy also shares this PDF and writes that this is “Amicus Brief in Support of Ultramercial’s Petition to S.Ct. Seeking 101 Clarity Post Alice” (for the uninitiated, 101/Alice alludes to invalidation based on how abstract a patent is).

Techrights is of course delighted to see some software patents diminishing in the US, for their demise in the US might, in turn, lead to their global demise (even in Japan and maybe China).

Scott Graham, a writer for The Recorder, says that the “Federal Circuit Tightens Squeeze on Software Patents”. He writes (behind a paywall of some esoteric kind): “En banc ruling Tuesday in ‘Williamson v. Citrix’ means more patents will be subject to statutory requirements for means-plus-function claims.”

This is again good news, especially coming from the Federal Circuit despite its notorious biases.

Obviously, software patents are still celebrated in the corporate media. Even the so-called ‘Guardian’ does it. Language of lawyers can be found in Science Magazine (behind paywall), saying that “IBN has generated more than 300 patents, 80 licenses” (as if patents are “generated” and licences are “generated”), but we have come to expect that from media that large corporations are controlling, irrespective of what courts are ruling. Here is a prominent blog of patent lawyers speaking about patents being sold like a commodity, sometimes to trolls (at the behest of corporations even). It says: “The chart above shows the percentage of U.S. patents issued to Inventors and not (reportedly) assigned to any organization or government. The data comes from the PTO. While this chart shows a dramatic drop, the actual number of inventor-owned patents has stayed relatively stable over the past decade — the dropping percentage is due more to a rise in the number of patents granted to corporate owners. The drop here does not necessarily mean that independent inventors are being squeezed-out — just that the rise in patent grants is not due to independent inventors.”

The term “independent inventors” is in itself a form of propaganda. It seeks to promote the old myth that patents exist to protect the “small guys” rather than massive corporations with a gigantic library — perhaps weighing at millions of pages — of patent monopolies (to be wielded like a weapon).

All in all, things appear to be improving with each ruling on software patents in the US. Don’t expect patent lawyers to acknowledge that. It would be like Microsoft publicly stating that proprietary software is doomed.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2015/06/20/invalidating-patents-wholesale/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 2/8/2021: XEyes 1.2 and Fwupd 1.6.2 Released

    Links for the day



  2. Freenode is IRC... in Collapse

    Freenode is now down to just 13,194 online users, which makes it the 6th biggest IRC network. Months ago it was #1 with almost 6 times as many users as those below it. The graph above shows what the latest blunder has done (another massive drop in less than a week, with a poem and the all-time chart at the very bottom).



  3. Barrier and Synergy Can Work Together, Connecting Lots of Different Machines

    Barrier and Synergy can be configured to work properly in conjunction, though only provided different port numbers (non-default) are specified; in my current setup I have two computers to my right, working over Barrier, and two older ones on the left, working over Synergy; the video explains the setup and the underlying concepts



  4. Links 2/8/2021: Open Science in France and Zoom Pays to Settle Privacy Violations

    Links for the day



  5. It Almost Feels Like Battistelli Still Runs the EPO (by Extension/Proxy)

    The "Mafia" that destroyed the EPO is still being put in charge and is using the EPO for shameless self-promotion; it is never being held accountable, not even when courts demand remediatory action and staff seeks reparations



  6. [Meme] Vichyite Battistelli Committed Crimes and His Buddy António Snubs Courts That Confirm These Are Crimes

    Staff of the EPO is coming to realise (or reaching acceptance of the fact) that the spirit of Battistelli — not just people he left in charge of the EPO — dooms the Office and there’s no way out of this mess



  7. Links 2/8/2021: Linux 5.14 RC4 and 20% Growth in Steam

    Links for the day



  8. IRC Proceedings: Sunday, August 01, 2021

    IRC logs for Sunday, August 01, 2021



  9. Links 1/8/2021: LibreOffice 7.2 RC2 and Lakka 3.3

    Links for the day



  10. Was Microsoft Ever First in the Market?

    Confronting the false belief that Microsoft ever innovates anything of significance or is "first" in some market/s



  11. Links 1/8/2021: 4MLinux 37.0, IBM Fluff, and USMCA Update

    Links for the day



  12. Microsoft Knows That When Shareholders Realise Azure Has Failed the Whole Boat Will Sink

    The paranoia at Microsoft is well justified; they've been lying to shareholders to inflate share prices and they don't really deliver the goods, just false hopes and unfulfilled promises



  13. [Meme] Nobody and Nothing Harms Europe's Reputation Like the EPO Does

    Europe’s second-largest institution, the EPO, has caused severe harm/damage to Europe’s economy and reputation; its attacks on the courts and on justice itself (even on constitutions in the case of UPC — another attempt to override the law and introduce European software patents) won’t be easily forgotten; SUEPO has meanwhile (on Saturday, link at the bottom in German) reminded people that Benoît Battistelli and António Campinos have driven away the EPO’s most valuable workers or moral compass



  14. IRC Proceedings: Saturday, July 31, 2021

    IRC logs for Saturday, July 31, 2021



  15. [Meme] When it Comes to Server Share, Microsoft Azure is Minuscule (But Faking It)

    Don't believe the lies told by Microsoft's charlatans and frauds; Azure has been a total failure and that's why there are layoffs as well



  16. [Meme] Mozilla Has Turned From Technical to Marketing

    Way back, long before Mozilla and Firefox got hijacked by politics (turning Mozilla into a VPN reseller that lies about its stance on privacy), geeks were driving the company, not corporate lawyers and spying/marketing people



  17. Over 1,500 (Known/Unorphaned) Gemini Capsules and Over 160,000 Page Requests in gemini.techrights.org During July

    Techrights is expanding at gemini:// (Gemini space) and over 1,500 capsules are reported to have been found (less than 4 months ago it was about 1,000)



  18. Links 31/7/2021: Kernel Additions and Linux Mint 20.3 Release Date

    Links for the day



  19. Microsoft Azure Stagnating

    Reprinted with permission from Mitchel Lewis, former Microsoft employee



  20. For 17 Days (and Counting) António Campinos Has Failed to Respond to Call for Compliance With the Law

    Team Campinos has been so arrogant and so evasive that there’s no indication (yet) that it will follow court orders (Willy ‘Guillaume’ Minnoye openly bragged about ignoring court orders and he's still cheering for the EPO's abuses); therefore, staff of the EPO takes collective action



  21. Raw: Elodie Bergot Breaking the Law by Threatening Against the Exercise of Fundamental Rights

    Over the years we saw a number of rude letters from Elodie Bergot, the grossly under-qualified spouse of a friend of Vichyite Benoît Battistelli; most of these we never published (we already have these and can always publish if the need arises), but those paranoid and insecure “Mafia”-like ‘cabal’ need to be exposed for the mobsters they are; for nearly a decade they’ve illegally bullied EPO staff in clear violation of the law (and for over 3 years António Campinos has kept those bullies on board); why does Europe do nothing and why is it never holding high-profile abusers accountable (only low-level facilitators)? Is it because the EU too is being infiltrated by them?



  22. Linspire Should Be Avoided in 2021 Just Like It Was Avoided 14 Years Ago

    The brand "Linspire" was brought back, but the agenda seems to be more or less the same, namely pushing proprietary software and serving Microsoft's commercial agenda (in 'Linux' clothing)



  23. The Death of Freenode Would Be Freenode's Own Fault

    Freenode is going dark and now it’s asking people to create accounts at IRC.com (just to get back into the network that they may have already occupied for decades) as if Freenode owns “IRC” as a whole



  24. Links 31/7/2021: KDE Progress and Activision Catastrophe

    Links for the day



  25. IRC Proceedings: Friday, July 30, 2021

    IRC logs for Friday, July 30, 2021



  26. The Smartest Meter of All

    Yesterday a lady came over to take our power readings (electric/gas meter); secure these people's jobs as they help protect people's privacy (dignity) at home



  27. [Meme] A Web of False Dichotomies

    A reminder that Techrights is fully available (all blog posts and wiki pages) in gemini://



  28. Freenode Shrinks by Another Quarter and Gemini Continues to Grow (For Techrights at Least)

    Freenode continues to perish faster than we've imagined; it's a good thing that we've had contingencies set up; regarding the monopolised and increasingly centralised Web, we're still making baby steps towards weaning ourselves off it



  29. Links 31/7/2021: Wine 6.14 and Chrome 93 Beta

    Links for the day



  30. European Media Does Not Care About Europe's Second-Largest Institution Crushing Basic Laws and Fundamental Rights

    New video about the latest publication from SUEPO (the EPO’s staff union); it was published yesterday, seeing that the “Mafia” (what EPO staff actually calls the management!) hasn’t done anything to comply with a wide-ranging set of court rulings from ILO-AT; why has the media said nothing about this and what does that say about today’s media? The material is all in the public domain, in widely understood languages, and SUEPO spoke about it more than 3 weeks ago.


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts