Bonum Certa Men Certa

The Federal Circuit Continues Squashing Software Patents

The Court of Appeals for the Federal Circuit virtually overrides even a rare decision from last year -- one in which it tolerated a software patent

Sharon ProstSummary: Under the leadership of Sharon Prost (left) the Court of Appeals for the Federal Circuit (CAFC) continues its war on software patents, making it very hard to remember the last time it tolerated any

THE EPO is depressing, but at the USPTO we are currently seeing a lot of bad patents swept aside and eliminated by the courts.



The latest?

It's referring to Enfish v Microsoft again:

Federal Circuit finds mail patents invalid under Alice despite Enfish plea



The US Court of Appeals for the Federal Circuit has affirmed a district court decision that found seven patents belonging to patent licensing company Secured Mail Solutions (SMS) invalid under the Alice Corp v CLS Bank ruling.

This is despite SMS stating that the decision in Enfish v Microsoft—which adopted a more permissive approach to computer-related technology—meant its patents shouldn’t be invalidated.

The dispute began after a complaint was made by SMS, which was set up by former lawyer Todd Fitzsimmons “to pursue the using and licensing of his inventions”. SMS accused marketing company Universal Wilde of infringing seven patents relating to various systems and methods for mail verification.


So Enfish does not quite change much (if anything at all). In fact, on the same day as the above report -- a report about invalid patents -- the patent microcosm (PCK Perry + Currier Inc Currier + Kao LLP) suddenly recalls Enfish v Microsoft. To quote:

This rare decision bucks the current US trend of invalidating software patents as mere abstract theorems as started by the decision in Alice Corp Pty Ltd v. CLS Bank Int’l, 573 U.S. __ (2014) (“Alice”).

[...]

In this case, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed the decision of the district court in part, finding that the claims at issue were patent-eligible as being directed to “an improvement to computer functionality itself, not on economic or other tasks for which a computer is used in its ordinary capacity.” [pg. 12] The CAFC also reversed the finding that the claims were anticipated, but affirmed the district court’s decision that there was no infringement. [pg. 30]


Let's wait and see how many patent maximalism sites conveniently ignore the decision regarding the patent troll, SMS.

Here is what Patently-O wrote several hours ago:

The patents all involve an mailer (i.e. package or envelope) with an identifier on the outside such as a barcode, QR code, or URL. Once delivered, information is communicated (via computers) to the recipient about the contents and the sender.

As Patently-O readers understand, abstract ideas themselves are not patentable. Likewise a patent directed to an abstract idea is also unpatentable, unless the claims include an additional inventive concept that goes beyond the unpatentable idea to “transform the nature of the claim into a patent-eligible invention.” Alice.

The Alice two-step inquiry first asks whether the claims are directed to an abstract idea. Here, the courts agreed that the claims “are directed to the abstract idea of communicating information about a [mailer] by use of a marking.” Under Step Two, the appellate panel found that the claims merely recited “well known and conventional ways to allow generic communication between a sender and recipient using generic computer technology.” Invalid.


So yet more software patents bite the dust at the Federal Circuit. When was the last time the Federal Circuit tolerated an actual software patent (not something which the maximalists wrongly described as such)? We can hardly remember.

It certainly seems like, at least as far as the Federal Circuit is concerned, software patents are dead. They have no chance.

Dr. McDonagh has meanwhile mentioned this new case in which "Facebook and Instagram receive enforcement letters over iFramed app" (nothing innovative).

To quote: "Telecoms company UnitedCorp has claimed that features on Facebook and Instagram that allow users to reveal their location infringe technology it owns covering a newly released smartphone app.

"In cease-and-desist letters, Miami-based UnitedCorp said the social media networks’ geolocation-based image overlays infringe a patent covering the iFramed app."

Seems like a simple Alice case if Facebook (connected to Instagram) decides to file an IPR and/or challenge it in a court. Facebook is one of the loudest PTAB proponents after all. It's incredible that some patent cases like these are still being filed, let alone against a deep-pocketed company which can afford to appeal all the way up to CAFC (or higher).

Recent Techrights' Posts

'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
 
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026