Bonum Certa Men Certa

Software Patents Are Still Being Demolished by US Courts, Google Makes Prior Art Searches Simpler

“Software patents are a huge potential threat to the ability of people to work together on open source.”

--Linus Torvalds



Summary: The real patent battle is fought not in Congress (with corporate lobbyists) but in the courtroom, with a growing number of outcomes which are favourable to Free/libre software

SOFTWARE PATENTS are severely damaged in the US, especially following the Alice case (ruled by SCOTUS one year ago). The latest cases, which we covered this month, serve to show that software patents are dropping like flies in the courtrooms, even when landing on courts that are historically very friendly towards software patents.



"District courts used Great Atlantic to invalidate patents en masse, much like is done today after Alice," Patent Buddy wrote the other day. Nevertheless, the corporate media focuses on other matters.

"It looks as though software patents are rapidly dying."Joe Mullin has revealed that yet more software patents have just died and not a patent troll was behind them. "Rovi," he explains, "provides digital entertainment guides to cable companies and others and has long used its patents to enforce its dominant position in the market. That strategy has come in for criticism, with Rovi's patents being viewed as covering the basic idea of an electronic TV Guide. That was especially true when Rovi used its patents to go after Internet companies that wanted to make their own guides and not take Rovi content, like Hulu and Amazon."

Well, these patents are now dead and Wall Street-centric media says that the company is downgraded. "Multichannel video programming distributors may face the same struggles in court," says the author, "but those patents are less abstract than software patents, according to analysts."

Mullin wrote also about Newegg (yet again), showing that it won a patent case that had been brought against it by TQP. "Two weeks after online retailer Newegg filed a petition complaining about "excessive and unreasonable" delays in getting a final judgment in its patent case," explains Mullin, "the judge in that case has handed Newegg a big win."

It looks as though software patents are rapidly dying. Every death of a software patents can become precedent for future cases involving software patents and the higher the court, the higher the impact. One lawyers' site tries to frame this as a "troll" issue, talking about "the projected cost [7 billion dollars] of litigation filed by non-practicing entities, or patent trolls, in 2015."

What about non-trolls (or very big trolls that the media won't call "trolls")? Some media circles are trying to tell us that Microsoft alone makes billions of dollars from extortion against Android alone. The main problem is the patents, not the entity asserting these patents.

Speaking of Google, which is an important example because Microsoft is still attacking it using patents (trying to force Android makers to bundle Microsoft software), there is a new effort to combat patents using prior art. As corporate media put it, "Google is bringing its search powers to bear in hopes of doing what Washington seemingly can't — roll back a wave of abusive litigation from companies that, according to their critics, simply want to line their pockets with ill-gotten settlement money." There are many articles about it [1, 2, 3, 4, 5, 6, 7, 8, 9]. In the form of sourse code, not just publications, it ought to be possible to demonstrate prior art and invalidate a lot of software patents. There is plenty of prior art and duplication in the field of software because a lot of people are able to practice it (requires just a keyboard, no manufacturing).

"It sure looks like this whole cult of "IP" proves problematic not just for Free software but for software in general (monopoly on APIs for instance)."When patent maximalists (IAM) covered it they said Google's "mission" it to "help raise quality standards", but that's nonsense. Google just doesn't want this patent mess that is looming over Free software like Android. It's not about "quality" of patents, it's about patents. Google is still wrestling with Oracle (patents and copyrights) and as this new post put it a couple of days ago: "Out in the real world, the lawsuit between Google and Oracle is preparing to head back to a lower court after the Supreme Court said it would not take the case. At UC Berkeley yesterday, the repercussions of that decision were discussed, along with many other topics around patents and copyright law as they pertain to software, art and more."

It sure looks like this whole cult of "IP" proves problematic not just for Free software but for software in general (monopoly on APIs for instance). Large proprietary software corporations such as Microsoft and Oracle are abusing so-called 'IP' to impede if not altogether destroy their emerging rivals.

Recent Techrights' Posts

Links 31/01/2026: "Introducing Encrypt It Already" and "Huge Cache of Epstein"
Links for the day
A Can of WORMS - Part I - Trying to Throw RMS Under the Bus at MIT and Everywhere Else
This series won't give air to online 'trolls'
Mobbing at the European Patent Office (EPO) - Part I - An Introduction
When the series ends, some time around the second or third EPO strike of this year, we'll contact the relevant authorities and plead for intervention
The Solicitors Regulation Authority (SRA) Delusion - Part I - Who Regulates This Regulator? (Only Itself!)
We won't self-censor or prematurely terminate this series
Norway Almost Trusts Russia More Than the Bill Gates (Sleeping With Young Russian Girls) Company, Microsoft
Microsoft represents crime
Riddle Us This... (Jim Zemlin and Bill Gates)
Do these people even understand the literal meaning of "safe space"?
Is "Nobel Prize for Peace" a Sick Person's 'Code Word' for Gangbanging Now? Ask Bill Gates.
Watch all the Gates apologists getting all silenced/silent
BBC Gaslights Women Sexually Exploited (Many Under Legal Age) for Its Rich Sponsor, Bill Epsteingate (Gates)
Is this a national broadcaster or a propaganda tool "For Rent"?
Microsoft 'Open' 'AI' Reportedly About to Become Bankrupt, Seeking Emergency Cash Infusion (Loans)
the money promised to Microsoft 'Open' 'AI' failed to arrive
Gemini Links 31/01/2026: Deep Ice and Slide Rules
Links for the day
Writing About Abuse
Never ever allow misogynists to get their way if you strive to live in a decent society
MIT DEDP MicroMasters online learner's blog post about cover-up linked to resignation of Swiss financial regulator
Reprinted with permission from Daniel Pocock
Salary Erosion Procedure (SAP) as the Primary Reason for EPO Strikes
They focus on financials, as the corruption aspects are un-sayable or unspeakable, except in private
IBM Bluewashing: Feels Like IBM is Scuttling Neudesic (and Some of Red Hat)
We recently saw some Red Hat staff joining a Microsoft proxy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 30, 2026
IRC logs for Friday, January 30, 2026
Microsoft Stock Collapsing Due to the Slop Bubble and Microsoft is Hiding Budget 'Black Holes'
Microsoft does not perform like it tells "the media" and "the market"
Gemini Links 30/01/2026: Love and Cultivation, Gemtext Anchors
Links for the day
Will Jim Zemlin Also Sell His Daughter or Only the "Linux" Brand (and Linux Foundation) to Bill Epsteingate?
Torvalds "ate a bug"
The Epstein Files Don't Say the Ages of Those "Russian Girls" Bill Epsteingate Exploited
This E-mail was sent around the time an arrest was made for pedophilia
Only One in 33 EPO Staff Voting on the Strike Opposed It
Kudos to all those who participated in the strike
Still Hoping for "Slop Zero" in 2026
We've also noticed that linuxiac.com shows a glimmer of hope this week
Links 30/01/2026: Waymo Crashing Into 'Small People' (Children), Microsoft at Risk Due to Slop Debt
Links for the day
Amutable’s Management and Founders Are 100% Microsoft!
It'll be focused on promoting Microsoft's agenda in everything it does
IBM Tries to Get Rid of Workers Without Paying Them (and It Appears to be Working)
be sure to speak to people who actually work there
He Has No Money, But He Has Power, He Has a Voice
That's why they envy and attack him
Free Software in Swiss Media This Week
RMS is still going places with his Migros bag (Swiss retail giant)
TV Programs Disseminate False Numbers of Microsoft Layoffs (About 31,000 Laid Off Last Year, Not Including PIPs, Contractors and so on)
large-scale layoffs are inevitable, no matter how long Microsoft delays or procrastinates
Links 30/01/2026: Microsoft's "OpenAI Is Headed For Bankruptcy" and Bitcoin Crashes
Links for the day
Why Would Anybody be Afraid of Talking to Richard Stallman?
We need to get rid of the baseless stigma
Amutable is a Microsoft Proxy Like Xamarin, With Some IBM/Red Hat Staff Added for Good Measure
Amutable chasing money and trying to impose TPM etc. on everybody
The Letter Sent to the Ringleader of the Alicante Mafia This Week
Call for industrial actions to stop the salary erosion of EPO staff
EPO on Strike
organisation operating outside the Rule of Law
Oracle's Debt Exploded by 22 Billion Dollars in 6 Months, the Ponzi Scheme With Scam Altman Was Classic 'Pump and Dump'
The founder of Oracle now uses his wealth for right-wing ideological reasons, nothing else
Facebook ('Meta') is Dead Meat, This GAFAM Company's Debt Exploded by Almost 33 Billion Dollars in Just 3 Months (11 Billion Per Month)
we can expect many sales/contracts to get canceled
Australia's top nurse takes on Musk, Zuckerberg & rogue health influencers, birthkeepers
Reprinted with permission from Daniel Pocock
Affirming What We Already Know: Solicitors Regulation Authority (SRA) is Profoundly Incompetent
"SRA ordered to pay solicitor £50k in costs after failed prosecution"
The "Alicante Mafia" - Part XVI - The Associates of Mr. Cocainegate Don't Want to Talk About Cocainegate (Right of Reply)
Nobody wanted to talk about cocaine at the EPO
The "Open Source" (Corporate Openwashing) Fake Community Rejects Democracy, Open Source Initiative is in Effect Dead
This is basically the end of the OSI
Cracks and Holes in Microsoft's Slop Bubble (Also, Windows is Declining)
"More Bad News For Xbox As Microsoft Blames Gaming For An Annual Decline In Its PC Business"
Microsoft's Debt Exploded by More Than 20 Billion Dollars This Past Year, Says Microsoft
Expect more mass layoffs
Strike at the EPO Today
Next month we'll start a new EPO series
State of the Slop and The Register MS Runs Ads as 'Articles'
Yesterday we could not find much slop about "Linux"
Gemini Links 30/01/2026: Announcing Crossyword and SYN Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 29, 2026
IRC logs for Thursday, January 29, 2026
Gemini Links 29/01/2026: Naps, Letting Go, and Terribly Cold Weather
Links for the day
Links 29/01/2026: Kennedy Center Officials Resigning and Amazon to Cut 16,000 Jobs
Links for the day
Goodbyes to Red Hat and IBM
PIPs let them do the same with less "wasted" on severance or with obscene narrative-shaping
RMS Was Right 35 Years Ago
Stallman’s viewpoints have remained the same
The Need to Understand the Projection Tactics Against RMS
There's an old and common saying (or "wisdom") about who's guilty when there's a fart in elevators (lifts)
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026