Bonum Certa Men Certa

Software Patents Are Being Defeated to the Detriment of Large Multinationals, Their Patent Lawyers, and Patent Trolls Who Piggyback Them

SFLC India

Summary: Updates on the patent situation in India and in the United States, with special emphasis on software patents, or vague patents on abstract concepts which are, in effect, reducible to logic/mathematics

INDIA'S 'branch' of SFLC was recently given credit here for helping to crush software patents, which multinational software giants like IBM or Microsoft (monopolists in particular areas) are actively lobbying for. SFLC.in managed to halt or at least slow down some very incredible forces. According to this new article from them (accompanied by the #NoSoftwarePatents hashtag): "On 14th December 2015, the Controller General of Patents, Designs and Trademarks, Mr. Om Prakash Gupta, ordered that the recently released 2015 “Guidelines for Examination of Computer Related Inventions (CRIs)” shall be kept in abeyance till discussions with stakeholders are completed and contentious issues with respect to the 2015 Guidelines are resolved (order available here). SFLC.in highly appreciates the efforts made by the Indian Patent Office in considering the feedback given by civil society organisations and the Indian software product industry. . This is a very welcome, albeit first, step taken by the Government towards ensuring that the Indian software industry continues to enjoy the freedom to innovate and is not shackled by irregular patents granted in the area of software."



"SFLC.in managed to halt or at least slow down some very incredible forces."We wish to congratulate SFLC.in for its excellent work. Well done!

In the United States, 'home' of software patents, things are rapidly changing right now, as both software patents and patent trolls get somewhat of a smackdown, even without involvement by Congress*.

Chuck Soder, the technology reporter at Crain's Cleveland Business, has just published this new article that says: "Judges across the country are striking down software patents in the name of a U.S. Supreme Court decision that is changing how some tech companies protect their ideas."

"In the United States, 'home' of software patents, things are rapidly changing right now, as both software patents and patent trolls get somewhat of a smackdown, even without involvement by Congress."Soder adds that "[j]udges are invalidating patents [...] and that’s “kind of scary,” according to Christopher Comiskey, a patent attorney at Thompson Hine, which is representing MacroPoint."

Well, of course it's scary to patent lawyers. They make money from patent wars and stockpiling.

"Though he [Comiskey] wouldn’t comment on that case," Soder writes, "he noted that judges are making decisions on patent validity without citing outside evidence and expert testimony. That’s “disturbing,” given how much time and money companies put into getting those patents, Comiskey said."

"Well, of course it’s scary to patent lawyers. They make money from patent wars and stockpiling."Well, Comiskey is basically in the same category as patent parasites, much like trolls. Comiskey does not create anything, he is just trying to make living from litigation and sometimes by tricking examiners or judges (because many of these patents are not really patent-eligible as per the examiners' guidelines)

Empirically speaking, software patents lead to patent trolling, which is an activity mostly centered around Texas [1, 2, 3, 4]. "In a first," writes an expert in the area of patent trolls, "East Texas judge hits patent troll with attorneys’ fees" (referring to eDekka LLC, which we covered here before, e.g. in this recent or that older post). He says that "The most litigious "patent troll" of 2014 has been effectively shut down, and will have to pay attorneys' fees to several defendants.

"Empirically speaking, software patents lead to patent trolling, which is an activity mostly centered around Texas.""US District Judge Rodney Gilstrap, who hears more patent cases that any other federal judge, issued an order (PDF) on Thursday saying that the behavior of eDekka LLC qualified as "exceptional," and that the company should pay the legal fees of various companies it sued.

"Gilstrap's courtroom is, arguably, the most surprising spot in the nation from which a patent troll slap-down might originate. The judge has been criticized by the Electronic Frontier Foundation for making life unnecessarily difficult for patent defendants. He's also invalidated relatively few patents under Supreme Court precedent set in last year's Alice Corp. case, even as other federal judges have been tossing out software patents at a steady clip."

The legacy of Alice stands out again. Is Benoît Battistelli's EPO taking note? Any note "as such"? ________ * Talks about patent reform are nowhere in sight anymore, definitely not in those must-pass bills -- those which CISA gets lumped into at the 90th minute; see our daily links for more details about that scandalous act by Congress (Friday's news).

Recent Techrights' Posts

Lies Need to be Corrected
the Court never invited us
Slopwatch: Guardian Digital (linuxsecurity.com), Slashdot, Google News, and More
Maybe one day, once the bubble pops completely, Google News will just outright delist all slopfarms
Lufthansa Modern Slavery, Joerg Jaspert (ganneff) & Debian NSB Softwareentwicklung charade
Reprinted with permission from Daniel Pocock
Links 16/10/2025: US Starting More Trade Wars With China, CIA War on Venezuela
Links for the day
SUSE Blog is Still LLM Slop, Marketing Manager at SUSE Cannot Write
Would you buy from a company or seek support from a company that cannot even write (or fakes writing)?
Pretend You're Not Dead: Microsoft Spent Almost Two Decades Rebranding Things as "Cloud, Then "AI", Now "XBox" and "Quantum"
"AI" bubble pops, Microsoft harping about "quantum" already
IBM Allegedly Found New Tricks for Silent Layoffs: LPI, Then MIS (Not PIP)
Remember that "Red Hat layoffs" won't be reported after the bluewashing
Links 16/10/2025: Red Lines and Feeding of Microsoft Trolls
Links for the day
MIT as a Propaganda Mill of GAFAM, Paid by GAFAM
"the news" today
Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day
Links 15/10/2025: Qantas Airways Loses Control of Sensitive Data and Software Patents Are Being Thrown Out
Links for the day
Vista 10 is 'Dead', Here's Why People Should Move to GNU/Linux (or the BSDs)
Today we try to make an outline of reasons move away from Windows to GNU/Linux
Our Sites Continue to Improve
LLM slop has had no noticeable impact on us
Gemini Links 15/10/2025: Neovim, Helix Compared and Gemlog.blue Now Closed
Links for the day
Links 15/10/2025: Mass Layoffs at Amazon, OneDrive Spyware Revved Up, More 'Gen Z Protests'
Links for the day
The EPO's Staff Engagement Survey 2025 is Already Tainted by Intimidation by EPO Management (Trying to Influence Outcomes by Scaring Genuine, Honest Critics)
"[W]e have received reports that, following the previous survey, teams with negative responses were reproached or questioned about their answers..."
The DDoS Attacks by Microsoft's Scam Altman and Other Slop Charlatans and Frauds is Hurting the FSF, Delinking It From Copyleft Projects
This impacts a lot more than access to the licences
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock
Many Developers Have Many Political Views, They'll Never Agree on Everything
It's an effort to divide and destroy, not build
Gemini Links 14/10/2025: An Opportunity to Consider GNU/Linux and Another Simple IRC Client
Links for the day
Slopwatch: UbuntuPIT, LinuxSecurity, Google News, and the Serial Slopper Brian Fagioli
Nothing of merit here, just more slop
Links 14/10/2025: Lack of Trust in Slop and "Retirement Challenges"
Links for the day
EPO Staff Can Go Listen to Richard Stallman Next Week in Munich (Technical University of Munich, Rudolf-Diesel Hörsaal (MW2001) on Campus Garching at 18:00)
"The talk is open to the public and attendance is free. Registration is not required."
Rhonda D'Vine, Gerfried Fuchs, Pronouns & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
At IBM, Relocation Means Layoffs (Downsizing)
Silent or 'invisible' layoffs?
Central Staff Committee of the European Patent Office (EPO) Warns That EPO Management is Robbing or Manipulating Pension Funds Again
Faking "growth" is just about as bad as forgery
Probably a Lot Worse Than LLM Slop: GNOME Tying Itself to Divisive Politics, Even Where It's Clearly Not Relevant
Something has gone terribly wrong in GNOME
Links 14/10/2025: Microsoft OneDrive Scanning Faces in Photos (Without Asking First), "OpenAI Says It Will Move to Allow Smut"
Links for the day
They Generally Don't Like Scholars, as They're Less Compelled or Pressured to Repeat What Corporations and Oligarchs Say
People who loathe scholars have an agenda in mind that, unlike that of reasonable people, revolves around controlling people
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
Belated New Article About Last Thursday's Lecture by Richard Stallman in Helsinki, Finland
there are good reasons to pay with cash, not limited to privacy
Attacking Richard Stallman Has Become 'Career Suicide'
If you're going to viciously attack somebody, make sure your arguments are rock-solid
Microsoft's Failing XBox Business Has Turned Games Into Funerals
How does it feel to depend on Microsoft?
Yesterday's "Distinguished Lecture" by Richard Stallman Possibly Attended by Close to 1,000 People
The capacity of the place is about 900
Slop Poisons Everything
Imagine wanting to find what Torvalds has just said or what has just been released
Taking Software Freedom 'Mainstream'
interest in Software Freedom must have grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 13, 2025
IRC logs for Monday, October 13, 2025
Gemini Links 14/10/2025: Ada Lovelace Day, Sony CLIE PEG-TG50 Review, Why to Avoid Network Solutions
Links for the day
Richard Stallman (RMS) Announced His Talk Less Than 24 Hours Before It Took Place and Still Filled Up the Auditorium at Sapienza Università di Roma
Photos from yesterday evening [...] It looks like it was a very successful event