Bonum Certa Men Certa

The Siege Continues: Patent Lawyers Want More Patents, Including Software Patents, In Spite of Alice

Patent peace (or absence of patent conflict) an existential threat to some...

Threat of Peace
Image source: Threat of Peace



Summary: Lawyers who make money from patent disputes make rather apparent their aspirations, which include patent saturation even in domains that are patents-exempt

WE are often reminded of the sharp contrast, separation or distinction between practicing and non-practicing (or parasitic) elements in today's industry. This isn't just limited to software. Some people make money from making technology and some try to make money from writing about it, talking about it, or taxing it. The latter group isn't even capable of making technology. It's professionally trained to babble and fool judges (or examiners), not to make factual statements (or commands/instructions) so as to make machines accomplish a task.



This week we still see EPO-funded media and other such patents-centric 'news' sites writing about "Africa IP" (as if Africa has anything to gain from 'IP', which is mostly used to pillage and plunder Africans) and give bogus 'awards' to law (litigation) firms that charge many hundreds of dollars per hour (even dentists, private medical specialists and prostitutes would not charge this much). We cannot help but feel that there's a silent war between those capable of scientific and technological progress and those who just try to exploit those people. Sadly, a lot people inside the former group don't even realise that there's this war going on. A lot of the public does not understand why prices are artificially elevated to absurd levels.

"We cannot help but feel that there’s a silent war between those capable of scientific and technological progress and those who just try to exploit those people."Yesterday we saw even universities getting dragged into this war. Well, "the NPE known as Columbia University" is what Dennis Crouch called the university, perhaps humorously implying it was little more than a troll in this case. To quote Crouch: "Symantec argued that the term “byte sequence feature” includes more than merely machine code instructions, and also extends to other non-compiled elements of an executable attachment. On appeal, the Federal Circuit rejected that argument — finding that the specification indicates that the byte sequence feature “represents the machine code in an executable.” The court also found that the machine-code limitation “most naturally aligns” with the inventor’s description of his invention."

Notice that it's unambiguously about software patents. They're dealing with processing of commands/instructions by a general-purpose machine. Why should this be taken for granted? Who benefits from these patents?

Media of patent lawyers is often (but not always) wrongly assumed to be more accurate because it is authored by the "pros" (law professionals). Well, quid pro quo sure is a "pro". "Quid pro quo," as Wikipedia puts it, "means an exchange of goods or services, where one transfer is contingent upon the other. English speakers often use the term to mean "a favour for a favour"; phrases with similar meaning include: "give and take", "tit for tat", and "you scratch my back, and I'll scratch yours"."

"Media of patent lawyers is often (but not always) wrongly assumed to be more accurate because it is authored by the “pros” (law professionals)."Months ago and even a year ago we showed that patent lawyers still refuse to understand Alice because it's a threat to their livelihood. What they say is simply what's good for them. Yesterday I stumbled upon the stupidest headline I’ve seen in a long time about Alice. It was published in the National Law Journal and the headline said: "After ‘Alice,’ Are Software Patents the Answer?" (behind paywall, so I cannot read the rest)

Well, no, they’re a problem, not the answer.

It's so often that we find patent lawyers lecturing other patent lawyers on how to get around rules that exclude many software patents, effectively fooling patent examiners. Here is an example from yesterday [1, 2], including an example from Europe. A false dichotomy is presented in the latter with the headline "Software patents in Germany: Should you file with the EPO or the German Patent Office?"

"Remember when the EPO granted Apple patents which were later ruled (in the courts) invalid?"How about neither? Is that even an option in the eyes of patent lawyers?

Another new article by Dennis Crouch said that SCOTUS would soon deal with more patent cases, just like Alice, which was truly a game changer. to quote Crouch: "With Washington DC snowed-in, action within the Supreme Court has also been somewhat slow. Briefing is now complete in ePlus v. Lawson. In that case, a district court originally held an adjudged infringer in contempt-of-court for refusing to comply with its injunction order. Following the contempt order, the USPTO independently cancelled the patent claims and, at that point, the Federal Circuit vacated both the injunction and the contempt order."

“At this point, with a few exceptions, it’s nearly impossible to find the patents that your company might infringe and analyze them.”
      --Matt Levy, Patent Counsel at CCIA
According to the aforementioned maximalists: "PTAB Data and Analysis: the IPR count ticked past the 4,000 mark in January, which also saw the first challenge to an Apple patent, the USPTO deeming two decisions precedential, a case showing the dangers of a motion to amend, and an ironic Federal Circuit ruling on an IPR appeal"

Remember when the EPO granted Apple patents which were later ruled (in the courts) invalid? We quite liked this statement from a lawyer who had just admitted: "At this point, with a few exceptions, it’s nearly impossible to find the patents that your company might infringe and analyze them."

That's what patent maximalism leads to. But it's good for patent lawyers. The greater the mess they help generate, the more money they make. It's time for engineers to regain control and say to patent lawyers where they can go.

Recent Techrights' Posts

Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
 
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026
SLAPP Censorship - Part 16 Out of 200: Detailing the Actors and Explaining Techrights' Own Internet Relay Chat (IRC) Network
For those who have not followed our story
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day