01.07.17

Gemini version available ♊︎

Eight Wireless Patents Have Just Been Invalidated Under Section 101 (Alice), But Don’t Expect the Patent Microcosm to Cover This News

Posted in America, Deception, Patents at 5:03 pm by Dr. Roy Schestowitz

Nostalgic and picky/selective (as always and forever) with ‘facts’, ignoring what’s inconvenient

Con de ReyaSummary: Firms that are profiting from patents (without actually producing or inventing anything) want us to obsess over and think about the rare and few cases (some very old) where judges deny Alice and honour patents on software

SOFTWARE patents are a dying breed and thus a dying business for patent law firms. They know it, hence they’re angry and vindicative. Some of them even attack judges (the messengers). These patents keep dying both inside and outside the courtroom (e.g. PTAB) in the US, in spite of some USPTO examiners granting them, probably in an effort to inflate some numbers.

According to this patent attorney, “VA Dist. Ct. Killed 8 Wireless Patents under Alice/101: http://assets.law360news.com/0878000/878025/https-ecf-vaed-uscourts-gov-doc1-18917727618.pdf” (deemed abstract and thus ineligible).

We have not seen a single article about this case. None!

What we are seeing, on the other hand, is patent law firms’ sites romanticising/bringing up old cases, like this quick mention of McRO behind a paywall. To quote:

The full Federal Circuit has denied a bid by Electronic Arts and other gaming companies to rehear its September decision that found McRO Inc. software patents for lip-sync animation technology patent-eligible under Alice, according to an order issued by the appeals court Friday.

In other words, nothing is changing. But again, this is one among perhaps four (just 4!) decisions in the whole year when the Court of Appeals for the Federal Circuit (CAFC) ruled not to invalidate a software patent. What about all the rest? What about all those patents (hundreds if not thousands) that PTAB and the courts invalidated? Shouldn’t the patent microcosm inform clients (and potential clients) of the reality?

Mishcon de Reya, the nasty and malicious firm that the EPO hired to spy on/silence Techrights, has just been quoted in relation to the same CAFC case, courtesy of a relatively new site:

Bandai Namco Games America has been denied an en banc rehearing in its cornerstone software patent case against McRO.

All regular active judges for the US Court of Appeals for the Federal Circuit heard the petition and issued their response at the end of 2016.

Mark Raskin, partner at Mishcon de Reya, who is serving as trial counsel in the case, said: “We’re very excited that the entire Federal Circuit has recognised the technical innovations of our client’s inventions and the California cases will now proceed, hopefully expeditiously.”

The McRO case drew a lot of attention with its interpretation of the landmark Alice v CLS Bank decision.

As we noted before, Mishcon de Reya also works for Microsoft and the EPO. It’s hardly surprising that the firm advocates software patents. Another legal firm — one that the EPO hired to threaten Techrightspromotes the UPC.

There is another new article from a law firms’ platform, covering the Amdocs case (also at CAFC) as follows:

An interesting case came out of the Federal Circuit in Amdocs (Israel) Limited v. Openet Telecom, Inc., No. 2015-1180, 2016 WL 6440387 (Fed. Cir. Nov. 1, 2016) in which the Court reversed the district court’s granting of Openet’s motion for judgment on the pleadings on the basis that the patents were not directed to patent eligible subject matter under § 101. This is significant not for the result but for how the Court arrived at its conclusion. The majority and dissenting opinions offer several important insights: (1) the Court is struggling to find the proper “decisional mechanism” for deciding whether a software patent is directed to patent ineligible subject matter; (2) members of the Court continue to suggest borrowing from other sections of the Patent Act to analyze Section 101; and (3) claim construction can be very effective at staving off dismissal based on patent eligibility.

This ‘news’ is more than two months old. Why aren’t these legal firms covering some of the latest? Probably because it’s not convenient for them. It’s not good for their business.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 27/05/2022: Trisquel 10.0.1 LTS and Perl Appreciation

    Links for the day



  2. Links 27/05/2022: Fwupd 1.8.1 and GCC 9.5

    Links for the day



  3. Visual Proof That Twitter Very Likely Faked Its Magnitude the Moment Musk et al (KSA, Ellison and so on) Wanted to Buy

    There's a very compelling case for the allegation that Twitter is defrauding shareholders and participants in the platform; Twitter is a lot smaller than it used to be (fewer people are actively involved), it is losing money, and it is so desperate to be acquired that it's shamelessly faking traffic



  4. Links 27/05/2022: Wayland 1.21 Alpha, KDE Adds Flatpak and Snap Permissions to Discover

    Links for the day



  5. IRC Proceedings: Thursday, May 26, 2022

    IRC logs for Thursday, May 26, 2022



  6. Links 27/05/2022: Many More Microsoft Security Failures (and Spin/Lies)

    Links for the day



  7. Links 26/05/2022: KStars 3.5.9 and Chrome 103 Beta

    Links for the day



  8. Links 26/05/2022: AlmaLinux OS 9.0, MooseX::Extended for Perl Introduced

    Links for the day



  9. Links 26/05/2022: Kernel Events and Systemd-Free GNU/Linux Distributions

    Links for the day



  10. Links 26/05/2022: DuckDuckGo Increasingly Exposed as Microsoft Proxy

    Links for the day



  11. EPO Celebrates Software Patents Again, Dubbing Them 'Hey Hi' (AI) and '4IR'

    The ludicrous state of the EPO is demonstrated by yesterday’s puff piece about “four million” (merely requests for monopoly in Europe; most come from outside Europe) and L’Oréal, which claims to have “invented” something that was already done in the 1990s if not the 1980s



  12. [Meme] EPO's Monkey Business: Lowering the Patent Examination Bar

    As we shall show in a moment, EPO President António Campinos has lowered the quality of patents and applications; sooner or later he might outsource the job to ‘livestock’



  13. IRC Proceedings: Wednesday, May 25, 2022

    IRC logs for Wednesday, May 25, 2022



  14. Heads of Patent Offices Are Immune to Coronavirus

    The overconfident chiefs of the U.S. Patent and Trademark Office (USPTO) and EPO might love speaking about COVID-19 (in relation to patents), but they do not take it seriously themselves



  15. Links 26/05/2022: Plex Finally on GNU/Linux

    Links for the day



  16. The General Consultative Committee of the EPO Exposes a Disaster and a Lack of Genuine Dialogue

    The General Consultative Committee (GCC) at the EPO deals with unlawful proposals from António Campinos (he’s happy to violate laws, constitutions, protocols, conventions, just like Benoît Battistelli did) and once again the abuses by managers is covered up; it’s as if the Office is run by unaccountable gangsters who arrogantly curse at everyone whilst insisting they’re the nicest people ever



  17. The Latest Letter to Josef Kratochvìl and the Heads of Delegation of the Administrative Council of the European Patent Organisation

    A week-old letter from the Central Staff Committee (CSC) to the Administrative Council of the European Patent Organisation highlights the nature of a crisis; there's no genuine dialogue and staff of the EPO (i.e. the scientists who do all the actual work) is constantly under attack



  18. [Meme] The Recordings Must Have Accidentally Been Lost While Breaking the Rules

    The EPO‘s “nicest” chief, Monopoly Tony, won’t even mention the recordings…



  19. Links 25/05/2022: ‘V Rising’ on GNU/Linux and Pearl Linux OS 11

    Links for the day



  20. Links 25/05/2022: Librem Tries Another Approach

    Links for the day



  21. IRC Proceedings: Tuesday, May 24, 2022

    IRC logs for Tuesday, May 24, 2022



  22. Links 24/05/2022: nginx-1.22.0 and WordPress 6.0

    Links for the day



  23. [Meme] Divine Protection

    You won’t find Monopoly Tony (António Campinos) wearing a mask at the EPO because the rules of the Office do not apply to him



  24. António Campinos and the Alicante Clique (EPO Management, Appointed Based on Nepotism Despite Lack of Qualifications) Nowadays Exploiting Kids for PR Charades

    The sick old habit of exploiting kids for Public Relations (PR) and marketing purposes is all too common at the EPO (they’re constantly exploiting “the children” to associate criticism of the EPO with demeaning the young and innocent), but the management — which enjoys nepotism and immunity rather than relevant skills — carries on today and it’s being called “inaugural”



  25. [Meme] Snake on a Plane

    The EPO‘s President ‘Monopoly Tony’ (António Campinos), whom you never see wearing a mask (none of the photo ops; he does not even socially distance himself from peers, he wears sneakers instead of masks) during the height of a pandemic, is the "f***ing president"; don’t tell him to wear one…



  26. Microsoft GitHub Exposé — Part XX — Entering Phase II

    We're about to resume the long-running series about the sick clique which ran GitHub until the assault on women became too much of a liability (among other wrongdoings and PR blunders)



  27. Links 24/05/2022: Fedora 37 Test Days and Tor Browser 11.0.13

    Links for the day



  28. Microsoft Vidal, as USPTO Director, Already Plays 'Political Cards' to Disguise and Deflect Away From the Corporate Agenda

    Microsoft Vidal, another corporate pawn in charge of the world’s most dangerous patent system, is using soft-spoken defle



  29. Links 24/05/2022: WAL-G 2.0

    Links for the day



  30. IRC Proceedings: Monday, May 23, 2022

    IRC logs for Monday, May 23, 2022


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