09.21.16

The Patent Law Firms in the US Relentlessly Lobby for Software Patents Resurgence by Placing Emphasis Only on Rare Outcomes

Posted in America, Courtroom, Patents at 6:13 am by Dr. Roy Schestowitz

The fine art of cherry-picking…

On cherry-picking

Summary: Decisions against software patents continue to be ignored or intentionally overlooked by patent law firms, which instead saturate the media with the few cases where courts unexpectedly rule in favour of software patents

LAST week we said that the patent microcosm would start amplifying (repeatedly mentioning and hyping up) McRO for software patents agenda [1, 2, 3]. We have since then seen several dozens of so-called ‘analyses’ from the patent microcosm (these drown out actual press articles) and just like with Enfish, this can on for weeks (here are some of the latest examples [1, 2, 3]). It’s not hard to see what patent law firms are trying to accomplish; they want more power for themselves at the expense of everybody else.

“It’s not hard to see what patent law firms are trying to accomplish; they want more power for themselves at the expense of everybody else.”The Eastern District of Michigan (not Texas) has just had a court foolishly accept a software patent. To quote the patent lawyers’ media: “Bruce Zak, an individual, sued Facebook, Inc. for patent infringement in the U.S. District Court for the Eastern District of Michigan on two of his software patents — United States Patent Nos. 8,713,134 and 9,141,720. Facebook moved for summary judgment arguing that the subject matter of the two patents is not eligible for patent protection under § 101. The District Court denied Facebook’s motion for summary judgment even though the representative claim was found to be directed to an abstract idea, since the claim was further found to recite enough details to specify how a solution will be implemented that addresses a business challenge particular to the Internet.”

Facebook itself has been stockpiling and suing with software patents as well.

In other news, trolls in the Eastern District of Texas (we mentioned this before because Acacia is involved) got some money out of Apple. As MIP put it: “A jury in the Eastern District of Texas has found Apple willfully infringed a wireless technology patent, and awarded $22.1 million to Acacia subsidiary Cellular Communications Equipment. The case is before Judge Nicole Mitchell.”

“Facebook itself has been stockpiling and suing with software patents as well.”Don’t sob for Apple. As Daniel Nazer (EFF) shows this week (see image), “Apple has applied for a utility patent on a white paper bag. Here, in its entirety, is Claim 1 of the application…”

And speaking of Apple, here we have CAFC interfering in PTAB matters, in order to help Apple in “patent bully” mode with its software patents. To quote this short report from Patently-O: “In a divided opinion, the Federal Circuit has sided with Apple Inc. and reversed the Patent Trial & Appeal Board (PTAB) — finding that no substantial evidence supported the USPTO’s factual findings regarding what was taught by the prior art. Application No. 11/968,067 (2007 priority date). The application here is one of 75+ that all claim priority to the same 2007 provisional application.”

“The patent microcosm tries hard to restore the potency of software patents and we oughtn’t lose sight of that.”Patently-O published another new post about CAFC, this one about Yeda Research v Abbott. “On appeal,” explained Patently-O, “the Federal Circuit ruled that the original disclosure “inherently discloses the remaining amino acids in the N-terminus sequence” and therefore “serves as adequate written description support for the patent claiming TBP-II.””

The Court of Appeals for the Federal Circuit (CAFC) has generally been more vigilant and strict after Alice, but historically it was very lax/lenient, especially when it comes to software patents. Therefore, it’s worth keeping abreast of what it does, especially after the McRO decision. There is enormous pressure being put on SCOTUS (or Section 101), CAFC, PTAB and even US Congress. The patent microcosm tries hard to restore the potency of software patents and we oughtn’t lose sight of that.

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/2016/09/21/cherry-picking-swpats-cases/

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. [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



  2. IRC Proceedings: Saturday, July 31, 2021

    IRC logs for Saturday, July 31, 2021



  3. [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



  4. [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



  5. 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)



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

    Links for the day



  7. Microsoft Azure Stagnating

    Reprinted with permission from Mitchel Lewis, former Microsoft employee



  8. 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



  9. 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?



  10. 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)



  11. 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



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

    Links for the day



  13. IRC Proceedings: Friday, July 30, 2021

    IRC logs for Friday, July 30, 2021



  14. 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



  15. [Meme] A Web of False Dichotomies

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



  16. 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



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

    Links for the day



  18. 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.



  19. Links 30/7/2021: Distro Comparisons and Tootle Introduced

    Links for the day



  20. [Meme] Enforcing ILO-AT Rulings...

    We’re still waiting for a statement — any statement (direct or indirect) — from EPO management, seeing that almost a month has passed



  21. 'Open Source' as a Failed Initiative

    A closer look at the dire state of the Open Source Initiative, or OSI, which no longer protects Open Source (let alone software freedom) but instead helps openwashing, Microsoft entrapment, and a coup against the FSF



  22. [Meme] Rowan and António Sittin' on a Tree...

    How much longer can Team Campinos keep issuing tons of noisy and self-congratulatory puff pieces to (perhaps) distract from the elephant in the 10th floor of the Isar building (EPO HQ)? Staff won't wait for eternity.



  23. IRC Proceedings: Thursday, July 29, 2021

    IRC logs for Thursday, July 29, 2021



  24. Half the People in This Letter Are IBM Employees

    IBM seems to be continuing its war on the FSF because IBM wants to own everything (CentOS being ‘canned’ was just part of the plan)



  25. The OSI Song

    The sad demise of OSI, which has become little but a front group of proprietary software companies in pursuit of openwashing services (and outsourcing to proprietary disservices looking to eradicate copyleft)



  26. [Meme] OSI is Doing Just Fine

    So what if OSI is run by someone who raised money from Microsoft (to sell Microsoft a keynote slot in a copyleft event — the thing that Microsoft attacks through GitHub!) while funnelling the OSI's funds to a serial GPL violator?



  27. The OSI's Defunct Elections (Privacy Breach), Conflict of Interest (Nicholson), and Other Lingering Problems

    The above, together with an email from the OSI below, serves to show they’re re-running a bad election and — yet worse! — there appears to be a conflict of interest implicating the OSI’s sole member of staff!



  28. Links 30/7/2021: Audacity 3.0.3 and KD Chart 2.8.0

    Links for the day



  29. Links 29/7/2021: siduction 2021.2 and Xubuntu 21.10 Dev Update

    Links for the day



  30. GitHub is Racism

    Microsoft has the world's most racist code hosting repository; it wasn't like this when Microsoft took over as the racist policies were added to impress Donald Trump, who would later rig a procurement/tendering process to bail out Microsoft (10 billion dollars from the Pentagon, i.e. taxpayers)


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