Bonum Certa Men Certa

CAFC Shown to be Incapable of Ruling on Garbage/Disgraced Monopolies Time After Time, So Perhaps It Should be Barred From Ruling on Patent Issues

Thumbs down



Summary: Now that the US Supreme Court smacks down some more flawed rulings from CAFC (regarding patents) it is time not only to limit patent scope but also prevent CAFC (the court behind software patents) from ruling on patent scope ever again

There is a reason for cautious optimism when it comes to the US patent system. The bar is being raised by the highest court, dealing for the most part with business method patents. Here is a good article highlighting some background information:



If you want to blame someone for the explosion of patent litigation in recent years, a good candidate is the US Court of Appeals for the Federal Circuit. That's the appeals court responsible for handling appeals in all patent cases. Over the past decade, the Supreme Court has slapped down its rulings, which the high court has seen as too friendly to patent holders and patent applicants.


Here again we have ramifications for software patent -- a subject that SCOTUS never directly addressed (not even in the Bilski Case). SCOTUS refuses to deal with many very important issues these days even with assassination (without trial) of US citizens by CIA drones and the protection of CIA sources by a journalist (Risen). There is actually a pair of decisions here, as noted earlier this month. To quote: "The US Supreme Court issued rulings this morning in two of the five patent cases it heard this term. In both cases, the high court unanimously struck down rules created by the US Court of Appeals for the Federal Circuit, the nation's top patent court.

"The two rulings continue a pattern that has developed over the past several years, in which the Supreme Court has overturned key Federal Circuit rulings, finding them too favorable to patent-holders and too harsh on parties accused of infringement."

Here is another report which says "The U.S. Supreme Court on Monday refused to make it easier to hold companies liable for encouraging others to commit patent infringement."

Not everyone is happy about it. Quite expectedly, Fortune, a pro-plutocrats paper, promotes software patents because there is impact on them. To quote this one article: "For a method patent to be infringed, says the high court, the infringing party must deliberately perform all the steps."

There are several other articles which allude to the effect on software patents.

While plutocrats' papers continue to associate patents with achievement, it is rather clear that for patents to be effective a tool they should be scarce and hard to attain.

The CAFC clearly serves the interests of patent lawyers by always expanding the scope of patents and even copyrights. SCOTUS almost always vetoes it. The CAFC is the biggest booster ever of software patents and other such monopolies on software (API copyrights for example) because it is inherently incompetent or simply corrupt. To quote just one pundit: "What do you know? The Supreme Court has completely shot down two more decisions from the "patent appeals court," which is supposed to be an expert in patent law. The court of appeals for the Federal Circuit (CAFC), which was set up explicitly to cover "complicated" patent cases, has been getting shot down by the Supreme Court left and right over the past few years, often unanimously. It happened a month ago on fee shifting and it happened twice more today on key patent cases: Limelight v. Akamai and Nautilus v. Biosig."

Let this remind us that CAFC issues decisions that are almost always the opposite of what's just, especially when it comes to patents.

It should not be surprising to see overzealous patents boosters who are also patent lawyers (like Gene Quinn) scrambling to defend the CAFC, which is not a court but more seemingly a front for patent lawyers.

CAFC is apparently no longer a court but rather an occupier working at the behest of patent lawyers (just look what judges were added to CAFC, it's more like entryism). It should be de-funded, re-booted, or altogether shut down.

Recent Techrights' Posts

Google Spreading Misinformation and Lies
Google is in the propaganda business
New Video Report About Microsoft Cancelling Multi-Billion Dollar Projects
direct link to the video
Microsoft is Already Laying Off Lots of Contractors
cost-cutting at Microsoft takes a new "edge"
Coming Soon: Microsoft Fake Results, Mass Layoffs, and Silence About All the People Microsoft Pressured to "Quit" (So That They Don't Get Counted as Layoffs)
there will be more mass layoffs
 
Just Sending More and More Threats Does Not Change the Fact We Got Abused for Many Years and Women Got Strangled
Wanting a "gag order" - or sometimes injunctions - by sending many threats
Links 29/04/2025: Water Scarcity, LLM Slop Backfiring Again in Legal Documents
Links for the day
statCounter: GNU/Linux Adoption Surging in Switzerland, Windows at All-time Low
What happened?
Gemini Links 28/04/2025: Free Speech and Perfectionism in Design
Links for the day
What Fake News Looks Like (IBM)
IBM told a lie. The media then just blindly repeated this lie.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 28, 2025
IRC logs for Monday, April 28, 2025
China is Already Culling GAFAM (Not Just Microsoft Windows)
OS monoculture or "OS hegemony" may be coming to an end
The "Telephone Operating System in the Vatican" is 95 Years Old, Vatican Moved to GNU/Linux
Maybe Microsoft is down to zero already
If Tesla Shares (and Alleged Value) Fell 55% (From $489 to $222) in a Few Months Maybe It's Not Worth Anything At All (It's Just Gambling)
Tesla swasticars have turned from a "status symbol" into a "public embarrassment" and cause for casual humiliation
Chromebooks' Adoption in Sweden No Longer Depends on Schools
School breaks are when classrooms are shut
No, IBM is Not Investing $150 Billion in the US and It Doesn't Even Have That Kind of Money
Here we go again... media as a vehicle of lobbying and misinformation
Leak: The EPO's General Consultative Committee (GCC) Does Not Consult Staff on Crucial Matters and Bypasses the Administrative Council (AC) to Do Illegal Things
violations against the EPO's very staff
New Leaks Coming Soon, We Maintain 100% Record of Successful Resistance to Censorship
We won't be told what we can and cannot say (especially when it's true)
Central African Republic (CAR): Vista 11 is Only ~0.2% Market Share
99.8% to go!
BSD and GNU/Linux Replaced Microsoft in Secure Servers, All Microsoft Has Left is LLM Slop for Fear, Uncertainty, and Doubt (FUD)
the FUD machine never rests
Gemini Links 28/04/2025: A Simple Task Tracking and Auto-Prioritization Tool and Other Programs
Links for the day
Links 28/04/2025: Canada's Election, Pakistan-India Conflict
Links for the day
Speed of GNU/Linux
The media seldom speaks of the dangers of "proprietary software"
Glue Inside Your Pizza (or Why People Will Get Fed Up With Slop)
People are given "answers" from non-intelligence word dumpsters
Proprietary Windows Versus "Linux" News (Trying to Keep People on Windows, Never Exploring GNU/Linux)
Good editors know better how to recognise threats and not give them lip service
Ensuring That Every Computer User Anywhere in the World Can Take Control of All His or Her Computers
We must fight the people who attack general-purpose computing, in particular those who push this agenda very aggressively inside Linux
Links 28/04/2025: Cyberattacks Happening, Chatbots Disappointing, and "Free Speech Under Fire"
Links for the day
Phone Adoption Very Low in Vatican, Windows Usage Fell Nonetheless
Even in places where people still use desktops/laptops most of the time (and have access to these) Windows is gradually losing ground
GNU/Linux 9% in Cuba, Vista 11 Waning, Android Dominant
Microsoft has pretty much lost Cuba
Gemini Links 28/04/2025: Autism and Structural Navigation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 27, 2025
IRC logs for Sunday, April 27, 2025
What Happened to the Open Source Initiative (OSI) Elections: The Purge, the Cover-up, and the Witch-hunts
OSI has gone "full Microsoft"
In 24 Countries Observed by statCounter Vista 11 is Still Less Than a Quarter of Windows Users Despite All Other Versions Being 'Expired'
They ought to move to GNU/Linux
Links 27/04/2025: Pope Goodbyes, "Politics of Fear", Slop Redux and More Google Shutdowns (Google Debt Had Grown This Year)
Links for the day
Links 27/04/2025: Serenity Dialectics, Hockey Jersey Ethics, and More
Links for the day
Links 27/04/2025: Death of Nest Thermostats, Death of Metaverse
Links for the day
Links 27/04/2025: Projects Workflow and Discovering Technology
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 26, 2025
IRC logs for Saturday, April 26, 2025