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

You Know Microsoft's "Value" is 100% Fictional When in One Single "Trading" Day in Wall Street It Loses THREE TIMES More in "Value" Than It Was 'Worth' in 2009
Microsoft does not behave like a company riding trillions but like a company that struggles with payroll
Better Outcomes When Facing the Discomfort of Conflict
Don't take the easy way out when the "hard way" is the right way and it can result in positive revelations
Leaving the United States 3 Years Ago Was the Best Decision We Made
A lot of stuff is being consolidated
BillBC (BBC) Covered Up Pedophilia, Now It's Covering Up for Its Sponsor Bill Gates by Reprinting His Lies, Which His Own Wife Disputes
Is Bill Gates having orgies (group sex)?
 
Links 04/02/2026: Extreme Malice in Microsoft's Visual Studio Code on GNU/Linux, More Hey Hi (AI) Chaos
Links for the day
Sexism & GNOME: shaming men, hiding women, Sonny Piers update
Reprinted with permission from Daniel Pocock
Gemini Links 04/02/2026: Humanity and Animality, systemd (Controlled by Amutable, a Proxy of Microsoft) Moves on to "Extinguish" Phase
Links for the day
Certificate Authority Let's Encrypt Used to be Widely Used in Geminispace, Now It's Down to Just 0.2% of the Whole
Let's Encrypt is not your friend
What IBM Does Is Clearly Illegal in the US: Tying Severance Packages to NDAs (Non-Disparagement Agreement/Clause)
The NDAs make things worse; they keep people isolated and silent
Microsoft's Giant Snowball of Layoffs and PIPs (in 2026)
They would delay until March or April if they wanted to, but then we can expect numbers exceeding 10,000 layoffs (Microsoft always low-balls the real figure/s)
Mozilla Turned Firefox Into Shovelware, Adding 'Kill Switch' for Slop Still Means Mozilla is Participating in a Pyramid Scheme, Plagiarism, Grifting
Mozilla is still a slop pusher
Links 04/02/2026: "Laws of Succession" and Microsoft's VS Code as Code-Stealing Malware
Links for the day
Phoronix Swims With the Real Trolls, People Who Fancy Proprietary Software and Back Doors
If Larabel begins to actively participate in provocation with the "Microsoft GitHub fans club", what does this tell us about Phoronix?
They Know Microsoft Layoffs Are About to Hit Them Hard
The gaming division at Microsoft is a complete catastrophe, lots of money (debt) down the drain [...] Buying Activision was all about misleading shareholders or hiding the deep trouble/problems XBox was having
Red Hat is Not a Linux Company, It's IBM's Ponzi Scheme Enabler
Had we still been stuck in 2021, perhaps IBM would plaster "NFT" or "metaverse" all over RedHat.com
Keep Grinding
"Don't let the bastards grind you down"
Mobbing at the European Patent Office (EPO) - Part III - Who's Going to Pay for the EPO's Corruption? (Aside From European Citizens)
Some people inside the EPO reached out to us
"Investors Are Concerned About an AI Bubble" (That GAFAM and IBM Ride)
A few decades from now IBM will only be remembered in the same sense many so-called 'AI' companies will be remembered
EPO Staff Union: "Very High Strike Participation on Friday 30 January", Another Strike Starts 19 Days From Now
EPO management in a bit of a panic
Censorship/Free Speech and Social Control Media
It's important to have a grasp of how contemporary censorship works and how to tackle it
Google News as Slop Booster
this is what Google links to
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 03, 2026
IRC logs for Tuesday, February 03, 2026
Gemini Links 04/02/2026: "Raspberry Pi Relaxes the Rules for Its RP2040 Hacking Challenge" and "Long Web Society"
Links for the day
IBM Falls by Over 10%
a recipe for disasters like accounting fraud
Links 03/02/2026: Windows Copies GNU/Linux, Windows TCO Shown Again
Links for the day
Gemini Links 03/02/2026: Alhena Turns One, Slop Rejected, and Max Roy Carrouges Recalled
Links for the day
How to Identify Demonisation or Dehumanisation Tactics Against Interesting Figures or Luminaries in Free Software
Rather than in general or generally in technology
We Should Learn From Bulgaria
Why can't European companies and government recognise and react to a threat (when they see one)?
Dr. Andy Farnell on Why and How European Authorities Can Adopt Free Software, Parenting in the Age of Digital Abundance
Will Europe use technology that Europe controls (not the hegemon), for a change?
Canonical: Ubuntu is GAFAM (US), We're Resellers of American Proprietary Software
They want people to pay for a licence
Seems Like IBM Trolls Use Chatbots to Vandalise Platform That Discusses IBM's Secret Layoffs, Forever Layoffs
Not for the first time either
You Know Your Company is Dead or Basically a Pyramid Scheme When Jim Cramer Keeps Promoting Its Stock
How much does IBM pay for "puff pieces" or "fluff" about QC?
Red Hat (Under IBM) Works for Microsoft (Proprietary Software) and Slop
Yesterday Red Hat's official site, redhat.com, published exactly 5 new blog posts
IBM is Dying (More Layoffs), Red Hat Will Continue to Suffer From the Acquisition
Financial engineering
Colombia Adopting GNU/Linux Even Faster (at Microsoft's and Apple's Expense)
Do politics play any role in this?
An Effort to Tackle Slavery in 'Open Source' Clothing
"a civil rights lawsuit to examine the concerns of censored developers in the free, open source software ecosystem"
$15 billion lawsuit: Ubuntu, Google & Debian crowdfunding campaign launch
Reprinted with permission from Daniel Pocock
The Solicitors Regulation Authority (SRA) Delusion - Part II - Why We Need to Expose the SRA to More Daylight, Public Scrutiny
SRA is neither effective nor regulated
Links 03/02/2026: "Distraction is a Sin" and Fake "Encryption" (Surveillance With Good Marketing)
Links for the day
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Corporate Influence Never Impacted Us
There's no reason to assume we'll ever "sell out"
Growth of GNU/Linux in Cuba
Right now a lot of the world drafts or already implements a GAFAM exit plan
A Day After EPO Strikes an Escalation to Heads of Delegations to the Administrative Council
They rely on the European media playing along, helping them to hide major blunders, even crimes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 02, 2026
IRC logs for Monday, February 02, 2026
Gemini Links 03/02/2026: Stargazing, Development Boards, and Tcl/Tk Slop
Links for the day
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026