Bonum Certa Men Certa

Patent Lawyers and Corporate Media Nervous About New Patents Barrier/Reality (Less Patents on Software and Business Methods)



Summary: The rich and the powerful, as well as their lawyers (whose job is to protect their money and power by means of government-enforced monopoly), carry on whining after the Alice case, in which many abstract patents were essentially ruled -- by extension -- invalid

IT REALLY oughtn't be so shocking that patent lawyers and other non-producing profiteers (or large businesses that employ these lawyers) do not like Alice -- an historic high-level case that still serves to invalidate many patents on software, irrespective of all sorts of bogus 'reforms' like the Innovation Act [1, 2]. The Innovation Act is one among a couple of misleadingly-named brands which claim to be about a so-called patent 'reform'. Media which covers the Innovation Act still cites patent lawyers, patent maximalists, and lobbyists regarding this so-called patent 'reform'. Here is one new example that says: "A coalition of universities, inventors, venture capitalists and small businesses continue to oppose House-introduced patent reform legislation, which could be considered by the House floor in the coming weeks." Another new one is equally shallow. Dean Chambers cites WatchTroll excessively (notorious for promotion of software patents), so these people are still tilting the debate in the media while activists against software patents remain passive, quiet, and generally inactive. Where have they all gone? Where is FFII? Where are the journalists who slam monopolies on software development? Tumbleweed. Antagonism to software patents mostly goes unheard these days, so lawyers exploit this and conquer the minds. It's rather sad, but it is true.



"Whenever lawyers don’t get their way in a system which they perceive as theirs (to use against actual scientists who produce things) they like to whine about ‘non-conformist’ elements such as judges that ‘dare’ to question some abstract patents over triviality, prior art, lack of merit etc."The plutocrats' media, Fortune Magazine in this case, is meanwhile glamourising patents assigned to giants. The article from 4 days ago says: "Considering that Bessant has convinced BofA CEO Brian Moynihan to spend $3 billion for new software development annually—twice what the bank used to spend when she took on her job five years ago and roughly 17% of the bank’s annual information technology budget—it’s in BofA’s interest to safeguard that investment. Behind Bessant are more than 110,000 employees and contractors."

This is a puff piece that uses the propaganda language of patent lawyers, e.g. treating patents like "assets", even when these are business methods and software patents. It is gross propaganda against public soberness/sobriety and it is a damn shame that opposition to software patents isn't there to set these writers straight.

Patent lawyers (i.e. parasites profiting from technology's destruction) are very concerned about software patents' demise and one of them, David Bohrer (Patent Trial Practice, Valorem Law Group), uses Patently-O to protest against courts which 'dare' to rule/declare patents invalid. He wrote these words yesterday:

While early resolution of patent litigation is laudable, motions directed to the pleadings generally may not consider matters outside what is pled in the complaint. Yet this is what courts are doing — they have been coloring outside the lines when deciding whether a patented software or business method is an ineligible abstraction. They are looking beyond the allegations in the complaint to discern “fundamental economic concepts.” Independent of anything pled in the complaint, they are making historical observations about alleged longstanding commercial practices and deciding whether the claimed invention is analogous to such practices.


Oh, cry us a river, Dave. Whenever lawyers don't get their way in a system which they perceive as theirs (to use against actual scientists who produce things) they like to whine about 'non-conformist' elements such as judges that 'dare' to question some abstract patents over triviality, prior art, lack of merit etc. Remember Andrew Y. Schroeder, patent lawyer who wrote to a patent examiner who rejected his application "Are you drunk? No, seriously…are you drinking scotch and whiskey with a side of crack cocaine while you "examine" patent applications?" He was really bullying the examiner for not just acting as a passive rubber-stamping machine (remember that 92% of patent applications in the US end up enshrined as patents, making the examination process farcical).

Rude and aggressive lawyers are the norm perhaps, not the exception (despite the suit and the shallow façade). After getting the EFF sued for insulting a patent (the EFF eventually evaded this lawsuit, thanks in part to public shaming) Daniel Nazer picks on another bogus patent (instead of stupid he now says "bogus" and "terrible"). Here is what it's about: "Like all of the patents we highlight in our Stupid Patent of the Month series, this month's winner, U.S. Patent No. 6,795,918, is a terrible patent. But it earns a special place in the Pantheon of stupid patents because it is being wielded in one of most outrageous trolling campaigns we have ever seen.

"Patent No. 6,795,918 (the '918 patent), issued from an application filed in March 2000, and is titled: "Service level computer security." It claims a system of "filtering data packets" by "extracting the source, destination, and protocol information," and "dropping the received data packet if the extracted information indicates a request for access to an unauthorized service." You may think, wait a minute, that's just a firewall. By the year 2000, firewalls had been around for a long time. So how on earth did this applicant get a patent? A good question."

Another "patent dies," says IP Kat because the ruler in the case "found the claim to be obvious."

We are hearing about more and more of these patents that go to court and are ultimately ruled/deemed invalid. This devalues patents as a whole, discourages lawsuits, and most importantly reduced the incentive of one to apply for patents on software and other abstract things.

Recent Techrights' Posts

SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
 
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026
SLAPP Censorship - Part 30 Out of 200: The Time We Reported Abuse to Greater Manchester Police (GMP) and It Was Escalated to Its Cybercrime Unit
he started trolling and harassing me for criticising his employers' monopolistic and users-hostile agenda
'Modern' Cars Not a Rosy Industry
The current "modern" cars already have a shelf life similar to that of many toothpastes
Wrongthink Detector and Filter in "Think About the Children" Clothing
It is not about "age verification", it's a Trojan horse for social control
IBM Facilities Now Deemed Legitimate (Military) Target, Along With GAFAM Bases
Does IBM have any defences in place to protect against "downtime by explosions"?
What Happens When Some Large News Sites Turn to Slop and Spew Out Nonsense
LLM slop makes such grotesque mistakes abundant
Hardly Seeing Slopfarms Today, Even in Google News
Google's adventures with slop increased its debt significantly
Links 01/04/2026: Quantum Hype (Turing and Google), "US Fuel Prices Surge Past $4 a Gallon"
Links for the day
Gemini Links 01/04/2026: "Sacred Week of Cycling" and Zenity for Scripts
Links for the day
Losing Debian: Sruthi Chandran election flop
Reprinted with permission from Daniel Pocock
French judgment: parasitisme by FSFE & Matthias Kirschner (CO23.002709)
Reprinted with permission from Daniel Pocock
Microsoft Uses April Fools to 'Joke' About Inserting "Age Verification" (Surveillance) Into Linux
MinceR says the "lkml [message/page] one is April Fools or at least they're trying to pass it off as April Fools [however] the [GitHub] one was archived on the 8th and yesterday, so that probably isn't..."
IBM "Headcount Reductions" by Early Retirement and Death
The tragedy at IBM started 33 years ago on the first of April
Red Hat: Latin-1 character set under threat from Bishop Michael Martin, North Carolina
Reprinted with permission from Daniel Pocock
Links 01/04/2026: Microsoft GitHub Now Pushing Ads Into People's Code/Commits, Earth Overshoot Day Draws Nearer
Links for the day
What IBM and EPO Workers Have in Common: European Media Not Covering Very Major News (Press Became Dysfunctional)
Are IBM operatives working to scuttle the process of investigative journalism?
Free Speech in the United Kingdom When "Chilling Effect" is Increasingly Prevalent
If politicians cannot even use a term like "parasitic behaviour", then where do we as a society end up?
Oracle Lays Off Because of Debt and Commercial Issues, Not Slop
Like Scam Altman, Larry Ellison hangs around Cheeto King because he could use some bailouts in the form of government contracts or phony money with an incredible name like "Stargate"
The Real Reason Many Sites and Forums Shun Microsoft Lunduke
When forums say that they banned Microsoft Lunduke or don't want him mentioned it's probably because they are familiar with the "stench" that follows him around
Gemini Links 01/04/2026: Hallucinations, Stitching, and Type Systems
Links for the day
Lots of Layoffs at IBM, "Media Blackout" About Mass Layoffs at IBM's HashiCorp and Confluent Last Month
IBM is a dying company circling down the drain while manipulating or paying the media to pretend everything is fine
Microsoft Under Investigation by the UK's Competition and Markets Authority (CMA) for Abusive Tactics
What's noteworthy is that this is "set to begin in May"
Sounds Like Red Hat (IBM) Layoffs in Slop Clothing
This is an IBM policy. They try to justify staff cuts.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 31, 2026
IRC logs for Tuesday, March 31, 2026