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

Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
IBM's Kyndryl Down Almost 20% in 5 Days, IBM Down 35% in About 6 Months, Further 'Staff Reductions' at Red Hat (Problems Paying Salaries!)
Will this year's festivities be Krishna's last?
More Mass Layoffs at Microsoft, Only Weeks After the "Buyout" Nonsense (Glorified Severance to Highest-Paid American Staff)
Next up it is LinkedIn
 
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026
Links 13/05/2026: Sudan War Enters Fourth Year and Strait of Hormuz Leaves Safe Passage a Gamble
Links for the day
Gemini Links 13/05/2026: Useless Protests and Foofaraw on Geminispace
Links for the day
Mainstream Media: Microsoft Says No Layoffs. Microsoft: OK, There Are Layoffs.
Where is Waggener Edstrom/Frank Shaw now?
IBM is in a Freefall, When Will IBM's CEO Fall on His Sword?
Since he controls the Board, is anyone in a position to fire him?
At GitLab, "AI" is "All India"
It says "as much as 30%," but they also hire and it's clear what demography is targeted
Verified Accounts of Microsoft Offering 'Retirement' (Layoffs) to People in Their 40s, Over Two Decades Earlier Than Retirement Age
It's not even about performance, it's about age (or "cost" as well as location; they cheapen the labour)
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline
Techrights at 19.5 (We Started in 2006, Days After the Microsoft/Novell Deal)
When Novell bought Ximian (run by the "best friend" of Graveley) it brought trouble to all of us, not just to Novell
In Croatia, Microsoft Windows Share Sank From 98% to All-Time Low of 67% (or 28% If One Counts Android)
statements made last week (and last month) by Microsoft's CEO confirm that Windows is rapidly losing users
SLAPP Censorship - Part 75 Out of 200: All True, All Verifiable, Unlike Garrett and Graveley Lying to at Least Three High Court Judges About What They Did
A lot of what I said a year ago not only turned out to be correct; it was moreover affirmed by Garrett after he had sworn on the Bible and put himself at risk to his liberty
The Corrupt Lecture the Non-Corrupt - Part XXI - EPO President Campinos Bribing to Buy His Seat, But Cautions Staff Against Bribery
This isn't a democratic institution
IBM Lost Nearly 33% in "Value" in 3 Months (Shares Down $100), But Nobody Held Accountable
This is a truly dysfunctional company
Gemini Links 12/05/2026: Spring Cleaning and New GemText Software
Links for the day
Links 12/05/2026: Samsung Sued by Dua Lipa (Publicity Rights), ‘Savage Love’ Copyright Infringement Lawsuit
Links for the day
IBM Falls to One-year Low
At one point or threshold does the Board (controlled by the CEO) sack the CEO?
Gemini Links 12/05/2026: On Astronomy and Stargazing, Coyote Time, and Freenom
Links for the day
Links 12/05/2026: Data Centres Destroying Neighbourhoods, "Care Workers Are Saying No to 24-Hour Workdays"
Links for the day
Richard Stallman to Give Public Talk in Erlangen, Germany (Next European Tour)
Seems like a large room
Google "Hey Hi" (Slop) Having a Stroke, Thinks I am Married to the Grandmother of My Grandfather
Seriously!
If IBM Suddenly Vanished in the 1980s, There Would be Chaos. Not Anymore.
IBM's management has rendered IBM more irrelevant than ever before
Beehiiv and Substack Are Platform Lock-in (Similar to Vendor Lock-in), Don't Use Beehiiv and Substack (and the Likes of These)
Proprietary platforms are a problem. Some people "get it" sooner than others.
Gitlab is in Trouble and Its Shares Have Collapsed
Down almost 80% since it began [...] The real issue has nothing to do with slop, it is a lack/loss of customers and erosion of the company's theoretical "value"
Microsoft: Mass Layoffs Are "Offers" (Like "Job Offers"), Culling Experienced and Highly-Paid Staff is "Softer Workforce-reduction Strategy"
Media sites that play along with those lies don't do journalism, they're in the PR industry
Under IBM, Mass Layoffs at Red Hat No Better Than Oracle Under Larry Ellison (Treating Workers Like Disposables - Even Enemies - Overnight)
under IBM the respect for the worker (or peer) does not exist
The Slop-Amplified Fear of Privilege Escalation (Local, Not Remote) in Linux, the Kernel
we are meant to assume this is no better and no worse than Microsoft intentionally putting back doors in everything, even encryption
Jim Zemlin/Linux Foundation Selling Anthropic Slop After Getting Bribed for Slop Marketing ('Linux' Foundation is a Pay-to-Say For-Profit Marketing Company That Buys and Manipulates the Media Based on False Pretences)
Look what they've done to Steven Vaughan-Nichols (SJVN)
GitLab the Latest Company to Do Mass Layoffs and Use Slop as the Go-to Excuse (GitLab Users Should Worry Too)
This round of layoffs (disguised as something else) has nothing to do with slop ("hey hi"). It's about commercial problems.
The Corrupt Lecture the Non-Corrupt - Part XX - EPO Management's Unified (One) Voice or Policy is, Doing Cocaine is OK When You're a Friend and/or Family of President Campinos
The management needs to resign to save the Office
Technology Not Meant to Last
A society apathetic towards declining production (or manufacturing) standards will end up ripped off
statCounter Cannot 'See' Chinese Operating Systems That Gain Many Millions of Users Per Month
There is no way for statCounter to recognise or show the market share of HarmonyOS
SLAPP Censorship - Part 74 Out of 200: The Basis of My Lawsuit Against Alex Graveley, Who Helps Garrett Stack the Docket in Another Continent
claim against the Serial Strangler from Microsoft
Update on Slop About "Linux"
"Linux" is a term many people are interested it, so it's not shocking that slopfarms target it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 11, 2026
IRC logs for Monday, May 11, 2026
GAFAM (Microsoft) "Cloud Computing" Means Another Country's Military Accesses All Your Data
reminder that confidentiality and Clown Computing are complete opposites
Another Discrimination Lawsuit Against IBM and Workers Say IBM Culls Older Workers (Just Like Microsoft)
If IBM fails to retain some of the smartest people, then what is the future of IBM?
Gemini Links 12/05/2026: Android Nostalgia and Switching to Guix
Links for the day