Bonum Certa Men Certa

Patents Roundup: Blackjack Patent Application, Apple's Software and Design Patents, Decline in Patent Litigation and Alternating Troll Trends

Summary: News about patents from around the Web, focusing on the USPTO in particular

Method of Playing Blackjack as a Patent?



A “patent application claiming a new method of playing Blackjack” was the subject of this new article from Patently-O -- an article involving yet another one of those ridiculous patents (or applications) which often end up being used to shake down a lot of small companies, either in court or outside of the courts system (small companies usually prefer to settle outside any court because of the costs associated with legal defense).



To quote Patently-O:

The underlying appellate decision In re Smith involves a patent application claiming a new method of playing Blackjack. The new approach offered by offers ability to bet on the occurrence of “natural 0” hands as well as other potential side bets. Claim 1 in particular requires a deck of ‘physical playing cards” that are shuffled and then dealt according to a defined pattern. Bets are then taken with the potential of more dealing and eventually all wagers are resolved.


Apple Aggression With Patents



Not only small players are suffering. Large companies are trying to string barbwire around everything and then tax everyone.

This past week in the news we found FRAND proponents in Watchtroll, patent troll apologists everywhere in relation to the FTC and the VENUE Act, and we also found a lot of coverage of Apple's patent war/assault on Android, either in relation to the infamous slide-to-unlock patent or those silly design patents which SCOTUS is poised to assess.

"Apple is competing in the courtrooms, not in the market, such that patent lawyers pocket a lot of money and products are modified for the worse."Regarding the former, here is MIP alluding to a "107-page opinion [which] includes a majority opinion written by Judge Moore and three separate dissenting opinions filed by Chief Judge Prost and Judges Dyk and Reyna."

Also in relation to the slide-to-unlock patent, here is Patently-O's coverage that says: "this case involves Apple’s patents covering slide-to-unlock; phone number recognition; and auto spell correction. At the district court, the jury found that three of Apple’s touch-screen patents infringed by Samsung devices (resulting in $119.6 million in damages). The jury also found one Samsung patent infringed by Apple, but only awarded less than $200,000 in damages. In a February 2016 opinion authored by Judge Dyk, the Federal Circuit reversed the jury verdicts – finding two of Apple’s patents invalid as obvious and the other not-infringed."

These are software patents and separately there are design patents -- a subject that the CCIA's Mr. Levy wrote about (cross-posted at the Huffington Post), noting: "CCIA and other amici argued strenuously that under the Federal Circuit’s interpretation of €§ 284, it would be easy for patent trolls to start using design patents. After all, a design patent lets a patent troll threaten a company with losing all of its profits for any accused product. That’s orders of magnitude higher than they might be able to get with a utility patent, and should lead to much higher settlements."

Apple is competing in the courtrooms, not in the market, such that patent lawyers pocket a lot of money and products are modified for the worse. Corporate media wrote about the latest twist, e.g. "Conundrum for Justices: Does a Design Patent Cover a Whole Smartphone?" from the New York Times and this from USA Today:

Chief Justice John Roberts said Apple's iconic iPhone design applies to the exterior face of the phone — not "all the chips and wires."


Apple is desperate to beat (or tax with patents) Android phones. How much money are they after? And given Apple's declining share in tis market, how long will it be before Apple -- like Microsoft -- becomes more like a patent troll in this area?

The United States Government Recognises the Problem



Help might be on the way. "The government and the courts are finally getting fed up with patent trolls — and stupid patents," (this means software patents) writes Michael Hiltzik of the Los Angeles Times today. It's not a very thoughtful or profound article, but it does hit two birds with one stone (two strands of news). To quote:

Almost nobody disputes that America’s patent system is a mess, or that it’s been that way for an unconscionably long time.

Overworked and misguided patent examiners issue patents for manifestly undeserving claims. An entire industry of patent trolls has sprung up to assemble patent rights and exploit them, not to make products or develop services, but to harass other businesses into paying them off to avoid costlier litigation.

Efforts to reform patenting tend to run into resistance from big businesses, such as the pharmaceutical industry, that long ago figured out how to game the process and are disinclined to give up their advantage. As a result, a system that was written into the U.S. Constitution to encourage invention and innovation has been turned into a “dead weight … on the nation’s economy.”


The editor of IAM, writing about an upcoming event, reveals that an official-turned-lobbyist, David Kappos, will be at this event (speaking even). We predict he will talk about "clarity" as means of reaffirming his position that Alice is too vague and needs to be thrown away.

Litigation Numbers Decline



Whether or not Kappos will succeed, the patent system in the US is gradually healing itself. Kappos is one of the people who made it ill. There are less trolls, less software patents, and patent litigation numbers at the District Court and beyond and down, based on these latest figures from Lex Machina. Here is what IAM has just said about those:



New patent litigation filings fell in the third quarter as the overall volume of cases for the year approached levels not seen since 2011, according to data from Lex Machina.

From 1st July to 30th September 1,127 new lawsuits were filed in US district courts. That's down from the total for the second quarter of 1,289, although up slightly from Q3 last year when 1,114 new cases were brought.

According to Lex Machina’s current prediction for the year, 2016 will see a total of just over 4,700 new lawsuits. This would be the lowest level since 2011. Over the last four years litigation volumes have been at unprecedented levels thanks, in large part, to new joinder rules introduced by the America Invents Act.

One of the characteristics of litigation volumes over the last two years is that the quarterly totals have often lurched from one extreme to another. Last year, for instance, saw one of the quietest recent quarters in Q3 but also two of the busiest in Q2 and Q4 as external factors such as the prospect of new patent legislation and new federal court procedures had an effect.

Lex Machina’s latest numbers confirm that quarterly totals are still very up and down, but the trend line for this year has undoubtedly been pointing south. With a huge spike in cases last November thanks to changes to pleading standards in patent cases, which came into effect on 1st December, it seems safe to assume that we’re going to see a fall, year-on-year in Q4.


Now that the US is moving towards a software patents-free (hopefully trolls-free as well) era with zones including Texas being safe for software developers (even after the VENUE Act or equivalent) we hope that the patent microcosm won't succeed at turning the tide. Here is the National Law Review, one of their publications, covering the latest from the FTC:

FTC Releases Report on Patent Assertion Entities, Calls for Reforms to Reduce Nuisance Patent Lawsuits



The U.S. Federal Trade Commission issued its much anticipated study on patent assertion entities (“PAEs”) on October 6, 2016. The report, entitled Patent Assertion Entity Activity: an FTC Study, defines a PAE as “a firm that primarily acquires patents and seeks to generate revenue by asserting them against accused infringers.” The report highlights the business practices of PAEs (based on non-public data from 2009 to 2014) and includes recommendations for patent litigation reform. FTC Chairwoman Edith Ramirez praised the report for providing “an empirical foundation for ongoing policy discussions,” and said that the report’s recommendations “are designed to balance the needs of patent holders with the goal of reducing nuisance litigation.” The report provides valuable insights into a key area of intersection between the antitrust and patent laws and proposes concrete reforms that seek to balance the benefits of legitimate infringement litigation against the harms of nuisance suits.


Patent Trolling More of 'Thing' in East Asia



Patent trolling is no longer just a problem in the US and more evidence emerges of the growth of patent trolling in east Asia. IAM writes a lot about it these days, without mentioning the T word [1, 2, 3], resorting to euphemisms like "NPE" and "PAE" instead. One article says that "Panasonic transferred around 500 patents to Inventergy in January 2014; Huawei had assigned a number of assets several months earlier. Nokia entered its licensing alliance with the company in June that year." These are essentially PAEs. It looks like China, Japan, Korea, Singapore and various other countries will need their own FTC-like study and resultant patent reform pretty soon. These policies are self-destructive to any nation if they give rise to trolls.

Recent Techrights' Posts

Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
The Grapevine Says IBM's American RAs (Mass Layoffs) Soon to Follow European RAs, PIPs and "Reviews" as Pretext for a Likely Baseless Dismissal
The days of honourable corporations and work ethics are long gone it seems...
Links 23/01/2026: Growing Censorship, Intel Falls (Another Bubble, Propped Up by Cheeto Bailout), and Huge GAFAM Layoffs Continue
Links for the day
Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
 
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026
Senior management and HR email privacy: Martin Ebnoether (venty), Axel Beckert (xtaran) & Debian abuse in Switzerland
Reprinted with permission from Daniel Pocock
Pierre-Elliott Bécue, ANSSI & Debian cybertorture
Reprinted with permission from Daniel Pocock
MJ Ray, Micah Anderson & Debian on drugs, prostitution at DebConf6 fight
Reprinted with permission from Daniel Pocock
Excellence in Ethics: a list of victories for the truth
Reprinted with permission from Daniel Pocock
Richard Stallman Giving Public Talk, Answering Questions From the Audience
We understand (from the organisers) that there will be a video of the talk
Forbes Covers in 2026 What Was Already Clear for Over a Decade: Microsoft's BitLocker 'Encryption' is a Back Door
One that's promoted by the loudest boosters of UEFI 'secure boot' as well
Links 23/01/2026: Minus 24 deg C in South Korea, "Iran Internet Blackout Passes Two-Week Mark"
Links for the day
Gemini Links 23/01/2026: "Witch Watch" and English on the Net
Links for the day
Reminder That "Linux" in the Site's Name (and Domain) Does Not Imply Authentic Journalism About GNU/Linux
the sad fact that some once-legitimate sites became slopfarms
Further Comments Illuminate Observations Regarding IBM's Layoffs (RAs) Plan for Europe
Some shed light on the expected scale
Appeasing Bullies Doesn't Work
The reason we're still here and very active is that we're good at what we do
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.