Bonum Certa Men Certa

Software Patent Trolls Are Dropping Like Flies in the United States

Flies



Summary: Colossal losses for patent trolls, who increasingly face challenges for a plethora of reasons including venue, competitive aspects, and 35 U.S.C. €§ 101 (Section 101)

THE US Supreme Court (SCOTUS) has deterred and repelled patent trolls. Nobody would deny that, not even the trolls themselves. The SCOTUS Justices even used the term "patent trolls" (which surprised some observers), so they're well aware of this problem.



"The SCOTUS Justices even used the term "patent trolls" (which surprised some observers), so they're well aware of this problem."Of most interest to us there's 35 U.S.C. €§ 101 (Section 101), notably the Alice case. Lots of EPO-granted software patents (EPs) are nowadays disguised as "AI" or similar terms. The EPO promotes this. The EPO has done that almost every weekday since António Campinos took over. The same thing is happening in the US. Sometimes they say "ML" instead of "AI". I personally wrote ML code and technical reports a great deal before, since a decade and a half ago, so I'm fairly familiar with the underlying concepts. Those are statistics and maths, i.e. they're all abstract and invalid as per Section 101/Alice . Yesterday an article was published under the headline "What the ML Patent Application Boom Means for Tech". It's tempting to say say that it means bad patents, which are hard if not impossible to enforce in courts, are being pursued. From the article:

There has been a surge in applications of machine learning over the last few years as companies look for ways to leverage big data in their products and services. That has corresponded with a big increase in another type of machine learning application – i.e. those sent to the United States Patent and Trademark Office for protection. But the ramifications of the machine learning-patent uptick are not yet clear.

Statistical and anecdotal evidence suggests we’re in the midst of major upswing in patent protection requests for machine learning inventions. While hard numbers can be tough to come by due to intricacies of the USPTO process (and the fact that it will conceal applications upon request), several researchers have identified what they see as a surge in interest in protecting machine learning products over the past several years.


They're just trying to build/assemble a patent thicket around "AI" or "ML" or whetever, irrespective of the value or validity of the pertinent patents.

"They're just trying to build/assemble a patent thicket around "AI" or "ML" or whetever, irrespective of the value or validity of the pertinent patents."Abstract -- as per Alice/Section 101 -- patents should not be granted. Apple's very latest bunk software patents show USPTO examiners asleep at the wheel again. It's more of that "AI" nonsense.

But in better news regarding Apple, there's something about Wireless Licensing SARL, which is part of Conversant (formerly MOSAID). The case was covered in this relatively new post of ours as well as by Jan Wolfe, who wrote in Reuters about it:

A federal appeals court on Thursday took a step toward throwing out a $7.3 million patent infringement verdict a licensing company won against Apple Inc, saying the iPhone maker did not infringe one of the two wireless technology patents at issue in the case.

The U.S. Court of Appeals for the Federal Circuit reversed a finding by a California jury in favor of patent holder Core Wireless Licensing SARL. The appeals court did not disturb the jury’s finding that Apple infringed a different Core Wireless patent but asked the lower court to reconsider its enforceability, opening the door for Apple to nix the verdict entirely.


This is going to have far-reaching ramifications because the troll has targeted many companies, including Linux vendors. Apple is just one of the more 'lucrative' targets (more in potential 'damages').

"It's more of that "AI" nonsense."Consider Apple's history with a troll known as Mirror Worlds. We wrote about that before, e.g. in [1, 2, 3] and this troll was also covered here shortly after the decision last week. "Facebook still wasting money on defending itself over software patents," Benjamin Henrion wrote about this report. But Facebook does patent bullying of its own. It makes Facebook part of the problem, its much-appreciated support for the Patent Trial and Appeal Board (PTAB) notwithstanding. To quote:

Facebook has prevailed in a suit over its iconic news feed and claims it ripped off the idea from a patent troll.

Judge John Koetl granted Summary Judgement [PDF] to House Zuck, approving its motion to dismiss an allegation that the Facebook timeline violated Mirror Worlds' purchased patents on the organization of messages and news items.


Well, that timeline is software-based (arguably "AI") and such patents aren't valid anymore, especially after Alice (Apple didn't enjoy the full benefit of it).

"This is going to have far-reaching ramifications because the troll has targeted many companies, including Linux vendors."We are probably going to see a lot more cases like these in the news. Those are all software patents (very easy to spot based on a succinct description) and it seems like none can endure a court as high as the Federal Circuit.

Recent Techrights' Posts

Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
"Victory Day" - Part II: Abject Defeat to Hypocrites and Objectionable People Who Strangle Women Whilst on Microsoft's Payroll
Someone is going to have to pay for this; it won't be us
Rust Propaganda Now Amplified by Slopfarms Powered by Microsoft LLMs, Encouraging the Outsourcing of GNU/Linux Distros to Microsoft/GitHub/NSA (and a Shift Away From GPL/Copyleft)
Moving to Microsoft GitHub and adopting unfinished, untested code for highly critical bits
IBM is Rotting With "Zero Internal Jobs" and Many PIPs (Performance Improvement Plans) on the Way, Typically a Fast Track Towards Layoffs Without Severance
At risk of giving air(time) to tribal sentiments, the internal joke at IBM is that to IBM "AI" stands for "All Indian"
The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
 
Gemini Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025
Links 09/05/2025: Inflation Rising and Rights to Protest Curtailed Some More
Links for the day
Gemini Links 09/05/2025: Good and Evil, LLMs Made the Web Worse Yet Again
Links for the day
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025