Bonum Certa Men Certa

More Good News About the US Patent System Crushing Software Patents While the Reformer, Michelle Lee, Stays

Something positive for a change

Reading newspaper



Summary: A quick roundup of patent cases in the US and what these mean to growing optimism about the practicing industry, not a bunch of parasitic firms that prey on and tax the practicing industry

TECHRIGHTS has been emphasising for nearly a decade now that low patent quality leads to patent trolls or gives them greater strength. If one removes software patents, that will immediately knock out a large majority of patent troll lawsuits. To a certain degree, in the US at least, this is already happening, thanks largely to Alice.



"Another example of the value of Alice in improving patent quality & protecting businesses from trolls," United for Patent Reform wrote this week about this article, which was mentioned here before. To quote a portion again, it's about Microsoft's patent troll which was a ticking time bomb until several years back:

After staying quiescent for years, IV [Intellectual Ventures] opened up a barrage of lawsuits to enforce its patents in 2010. But the companies that decided to stand up to IV rather than buckle under have been faring well, as judges have found the patents that IV has chosen to enforce in court less than impressive. It's a telling sign about the giant patent-holder's collection. Given the opportunity to pull just about any patent out of its huge collection, one would assume the company would choose the best of the lot. But much of it appears to be exactly the kind of easy handouts from the dot-com boom era that have been called out by critics of "patent trolls."


Never forget Intellectual Ventures' very strong ties to Microsoft, and to Bill Gates at a personal capacity. A lot of people choose to forget this or simply don't know. Intellectual Ventures also has literally thousands of satellite firms, based on numerous reliable reports. This is very relevant in light of our previous post. Microsoft runs an expensive and extensive trolling operation which is being used to coerce (or exercise control over) a lot of companies out there. It's a form of blackmail: do as we tell you or someone out there will come and burn your house/business (e.g. patent trolls). Microsoft now offers the equivalent of 'protection' money, in the form of "Azure IP Advantage", equivalent to "peace of mind" back in the Novell days (one decade ago).

Thankfully, as the above report shows, Intellectual Ventures is not so successful (so far) and there have been both layoffs (since about 3 years ago) and departures of top executives. Intellectual Ventures is basically rotting. It wouldn't have rotten if it weren't for decisions like Alice, which some fear the Trump administration has a financial incentive to overturn (Trump's family business). IP Watch has just caught up with the 'news' about Michelle Lee (it's not really news that she keeps her jobs; Nobody ever said otherwise, except the patent maximalists' propaganda mill, which had been hoping and trying to oust her in favour of trolls-friendly candidates). To quote IP Watch:

A letter made public only by a United States Freedom of Information Act (FOIA) request confirms that Michelle Lee remains the director of the US Patent and Trademark Office (USPTO), ending a mystery that has been curiously kept secret since President Trump took office over 50 days ago.


One might ask, why do we care so much about Michelle Lee? Well, we have written more than a dozen posts about her since Trump's inauguration because we noticed a malicious lobbying campaign to remove her, primarily because she did not tolerate trolls and was reasonably OK with the demise of software patents. For those who may be wondering where we stand right now, it's still looking good. As of this week, software patents proponents take note of software patent being invalidated, with holders relying on wasteful/futile appeals. To quote this one example: "Patent Owner Brief Appealing Invalidation of Email Patent under Alice/101: https://dlbjbjzgnk95t.cloudfront.net/0901000/901132/document%20(27).pdf"

That's unlikely to change. See this new article titled "Fed. Circ. Affirms Nixing Of Email Patent Under Alice," which says a "district court had found the asserted claims of Network Apparel Group LP’s patent to be invalid..."

Even a district court found the patent to be invalid. District courts are typically more tolerant of software patents than the Court of Appeals for the Federal Circuit (CAFC). Here is another new report from the same site:

Fed. Circ. Affirms Medical Billing Patent Invalid Under Alice



The Federal Circuit on Monday affirmed the Patent Trial and Appeal Board’s rejection of an application for a patent on a method of electronically transferring patient medical records over a network, saying the concept is abstract and therefore not patent-eligible under Alice.

In a per curiam opinion, the three-judge panel said the claims of inventor Angadbir Singh Salwan’s U.S. Patent Application Number 12/587,101 are unpatentable because they cover the abstract idea of billing insurance companies and organizing patient health information.


See the trend? The Patent Trial and Appeal Board (PTAB) is crushing software patents and, as happens about 80% of the time, CAFC reaffirms its judgment. Dennis Crouch is trying to put an end to that or at least slow that down as it makes him increasingly redundant/obsolete. Yesterday he chose to cover a particular CAFC/PTAB case because challenged patents were not invalidated, for a change (as happens only about 20% of the time). Here's an except:

That suggests to me that the case is over with the patentee winning the IPR.

Claim Scope: I’m still somewhat confused about whether the claim structure used here is proper under the law. 35 USC 112 states that “A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.” In my mind, one element of claim 12 is that it is a “method” and claim 21 is a “machine . . . configured to perform the method.” As such, claim 21 cannot itself meet the method limitation of claim 12.


Well, there are far, far more such cases where CAFC agrees with PTAB and invalidates patents; we suspect that Crouch just doesn't want to highlight such cases; maybe he picks edge cases or exceptional scenarios for the purposes of open inquiry. Whatever it is, let it be clear that software patents are in an unprecedented crisis in the US and this is hurting firms which choose to just sue rather than innovate.

"In the more than two years since the Alice decision," Industry Week wrote yesterday, "courts have held many software patents invalid as claiming nothing more than an abstract idea."

Let it stay that way. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part VI - Racism Against Blacks
Systems don't always work as intended
Trillions of Dollars in Debt Are Not "Investment", More People Realise This Now
"Investors started offloading shares on Wednesday in response to an X post about the debt load of CoreWeave Inc..."
 
Slop is "just a hobby, won't be big and professional like GNU."
What Torvalds says about "hey hi" ("AI") does not prove he is in charge
Gemini Links 18/10/2026: Movies, Greenland, and Detectors of Slop Plagiarism
Links for the day
Links 18/10/2026: TikTok Censors Criticism of MElon, "Trump’s Latest Attempt to Be the King", and "Big Tech Oligarchs Have a Terrible Plan for Humanity"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 17, 2026
IRC logs for Saturday, October 17, 2026
Gemini Links 17/10/2026: Big Glowing Advertising Screens, Busy October, and Art
Links for the day
The First Casualty: The Reputation of Linux Developers (and of Linux)
The last thing you can take from a person is pride
Links 17/10/2026: Europe Divorcing US President Putin (Kompromat), MElon and Kapo-berg ("Meta") Buying US Elections Again
Links for the day
GAFAM LLMs Seem to be Causing Veteran, Experienced Linux Developers to Quit, Only to be Replaced With GAFAM Bots and Unaudited Slopfest 'Code'
Better than 'pulling a SCO'?
30 Years of KDE and "Project Banana"
KDE recently turned 30 (many blog posts about it this past week)
Inevitable Things
"Bitbucket was Inevitable"
Andy's Passing Thoughts on Media Dying, Not Reporting News (Even Critical News About Itself)
No more news
Stallman Was Right About Torvalds
The crowd/audience Linus Torvalds panders to is paid by GAFAM to go attend and dominate (speak at) LF events. They're people whose employer forces them to use slop, it's inorganic.
Links 17/10/2026: "Why Math Dumped OpenAI", US Third Circuit Has Confirmed LLMs and Other Slop Constitute Plagiarism or Copyright Infringement
Links for the day
GPL Was Right (About Hoarding, Now Automated With Plagiarism Blenders)
Some time next year the UK's High Court might listen to arguments related to this
Microsoft Allegedly Asks Many Workers to Leave at the End of This Year (or Get the Boot), It's Called Voluntary Exit Program a.k.a. Voluntary Early Retirement Program (or VEP) Even for People Far Too Young to Retire
"Everyone at Microsoft knows what those acronyms mean."
The Torvalds-led Slopfest as a Reminder to Pursue Software Freedom, Not Plagiarism Endorsed (for Money) by 'Linux' Foundation
What's happening this month moreover proves that he is not in control of important decisions in his project
Why We Never Got Back to IPFS
Practically speaking, we could get back to IPFS any time
Red Hat Silent Layoffs: October 1 Bluewashing, Then Leaving IBM Altogether
It's said that weeks from now there will be another "round" (of "RAs")
Gemini Links 16/10/2026: Metrovision, Smartwatches, and Rekindled Love for Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 16, 2026
IRC logs for Friday, October 16, 2026
Intercontinental Brigading - Part V - Keeping Linux Under Users' Control, Not Microsoft's (NSA) Control, Leads to Weaponisation of Cops (Killing the Messengers)
Transatlantic lawfare
TeamBlind Accused of Censorship, Maybe Surveillance in the Future
It's expensive to protect whistleblowers and to resist censorship of what whistleblowers try to expose
Another Friday 'Litter' of IBM Workers, Discarded and Sometimes Replaced to Cut Costs
The little that IBM earns is spent buying companies to pretend there's "growth" and headcount stability
Gemini Links 16/10/2026: Carrie, Games, and Slop
Links for the day
Links 16/10/2026: Election Interference by Slop; White House Backs Russia, Not Ukraine
Links for the day
The Register MS Has New 'Article' That Has "AI" 20 Times. "SPONSORED POST" As Usual.
At the end, both the media and the pyramid scheme will collapse
UK's Competition and Markets Authority (CMA) Says Microsoft is Still Abusive
Today, ahead of the latest fake 'results' [...] Microsoft cheats the system everywhere it can
Links 16/10/2026: "Data Centers Are Driving Conservative Rural Voters to The Democratic Party En Masse" and Slop Bros Bribe Candidates "for Congress"
Links for the day
Deplatforming People You Disagree With Is a Losing Strategy
Trying to deplatform people you don't agree with is oppressive and petty
Microsoft Cannot Pay Salaries
Microsoft is deep in debt
IBM "support that is USA based will migrate over 4 years to Indian based just because it lowers costs substantially."
IBM is not capable of growing, so it tries to find ways to shave off costs
Gemini Links 16/10/2026: Publishing and Licensing, Going to Movies, and Nature/Seasons Change
Links for the day
Microsoft's OSI Calling Slop "Open Source AI" (Microsoft Paid OSI to Do This) Has Helped Associate "Open Source" With Pedophilia
Microsoft deflecting?
Fridges Do Not Need an Internet Connection
Keep it simple, stupid (KISS)
Wikileaks Still Matters
The world needs more sites like these
'Cocaine King' Campinos Should 'Get the Message', Pack Up His Things and Go Already
His staff is constantly on strike and engaged in various industrial actions
We Don't Do Slop
People tend to appreciate genuine work, not fakes
On Lying With Confidence
LLMs are hype
Market Share of Windows in the United Kingdom is Shockingly Low
Microsoft's losses are very profound
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 15, 2026
IRC logs for Thursday, October 15, 2026
Microsoft Can Barely Afford to Colonise Africa Any Longer (Too Much Debt)
"Before the announcement, former Microsoft employees publicly described staff being placed on performance improvement plans or offered “voluntary” exits."
Intercontinental Brigading - Part IV - Harassment Registered With the Police Before Projection Attempts Made From America
The thing one gets subjected to for opposing back doors in Linux
Gemini Links 16/10/2026: Dogs, Slop, and Blogging
Links for the day