Bonum Certa Men Certa

How the Invalidation of Software Patents Has Helped Victims of Patent Trolls

"Alicestorm" is what patent maximalists like to call it because it's stormy to patent predators

Alice



Summary: The ongoing collapse of a lot of software patents in the United States enables defendants to protect themselves from trolls, or sometimes altogether avoid/dodge litigation

THE ARGUMENT that patent trolls rely on software patents has been repeated here for about a decade and defended using other sites, including some which examined the underlying cases and corresponding patents. We believe that in order to tackle patent trolls we must concentrate on eliminating all software patents.



Thankfully, owing to Alice and then €§ 101​ (more about this later tonight), software patents are dropping like flies. More software patents have in fact just been trashed in the US, as reported in "3D Camera Exposure Patent Invalid Under 35 U.S.C. €§ 101​" earlier this month. To quote:

The court granted defendant's motion to dismiss because the asserted claims of plaintiff’s 3D camera exposure patent encompassed unpatentable subject matter. "A patent claim that recites a solution to a problem but not the means of achieving it is not drawn to patent-eligible subject matter..."


There are other such cases, slightly older cases, which we will revisit later tonight. These serve to show the continuing trend. Software patents are definitely not coming back, at least not any time soon (because the US Supreme Court isn't picking any cases that can overturn Alice and thus alter €§ 101​). We are gratified to see this, but at the same time we see a massive lobbying campaign to thwart Alice and its effect on €§ 101. We report about this every week and will deal with the subject in isolation later on.

The noteworthy news, based on this new article from Forbes (behind a malicious spywall, as usual), is that Alice helps a great deal against patent trolls. As this new anti-trolls campaign put it: "Founder of @gustly Daivd Rose explains how the section 101 & Alice rulings helped him beat a #patenttroll..."

Here is a relevant portion:

Using Courts In The Fight Against Patent Trolls



[...]

But the bigger question answered by the ruling was that the computer implementation component was not enough to validate a patent. Still avoiding the term “software”, the Supreme Court ruled that just because you can make a computer do it, does not...


The word "software" has become a 'dirty' word in the sense that mentioning it is a risk leading to loss of a patent (invalidation), but a lot of these patents do boil down to algorithms and are thus abstract, ineligible. Sometimes PTAB, not just the courts, help formally extinguish such patents, as we shall show later on...

Comments

Recent Techrights' Posts

Parties and Milestones Again
we've begun putting up about 40 balloons
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete
Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders