Bonum Certa Men Certa

Software Patents in the US -- When Properly Challenged in an Age of Extreme USPTO Leniency -- Simply Die

The unprecedentedly low examination bar at the US patent office made a lot of software patents suspect or altogether bogus

Rubber stamps



Summary: Stamping-happy examination when it comes to software patents takes its belated toll on applicants, who see their patents either invalidated or massively devalued after the US Supreme Court (SCOTUS) weighed in

"The definition of a Patent Troll is quite simple," wrote one person earlier this week, echoing what some use to define "PAE" these days. It's "any company that makes the majority of its money using patents by threatening litigation."



That's exactly what "Microsoft licensing" is doing. Microsoft now has its own in-house patent troll, or PAE, which we wrote about in the previous post.

"That's exactly what "Microsoft licensing" is doing. Microsoft now has its own in-house patent troll, or PAE..."Fortunately, the tool of most trolls (or PAEs) is on the rocks because of Alice. Software patents just can't stop dying, both in PTAB and in the courts. The USPTO nowadays allows virtually anything to be patented (the EPO too should watch out and treat it as a cautionary tale), but just because a patent is granted doesn't mean it's valid if/when properly challenged, especially if this patent covers software.

"This PTAB decision invalidating IV patent claims under 101 is deranged," wrote a patent lawyer, linking to this decision against Intellectual Ventures, Microsoft's and Bill Gates' patent troll, as well as the world's biggest patent troll.

"The only good software patent is a dead one.""The Sibling Patent to This One," added this lawyer (citing patent #9050977), "Did Get a 101 Rejection" or as this tweet puts it: "This reads like an un-patentable mental process that drivers do-just "done on a computer". http://www.pat2pdf.org/patents/pat9290181.pdf" [patent #9290181]

The only good software patent is a dead one. Another new example of a dead software patent is this one. To quote the Docket Report blog:

In a final written decision, the Board found claims of an electronic content distribution patent unpatentable under 35 U.S.C. €§ 101. "The ’464 patent describes that electronic publications were commonly replicated in computer-readable form on magnetic or optical storage diskettes and distributed to retails stores or by direct mail sales. Thus, the concept of distributing electronic information products (content) was known prior to the ’464 patent. Further, we agree with Petitioner that distribution of publications (versus electronic publications), has long been known. . . . . [W]e determine that the claims are directed to the abstract concept of distributing electronic content, or more specifically, to selecting, transporting, storing, and displaying electronic content."


It is nice to see news like the above because it not only devalues existing software patents but also reduces the incentive to file applications for new ones. Will SCOTUS do the same to design patents soon?

Apple-Samsung Case



"Unlike Apple, these Asian company actually produce things, not just advertising and refining their logos."Vis-à-vis design patents and software patents at SCOTUS, following perhaps thousands of media reports such as this, IDG served to confirm what Florian Müller had foreseen, namely this. From the IDG story: "Judge Lucy Koh is concerned that the outcome of the trial could be questioned after a Supreme Court review" (excerpted by Müller).

Will there ever be peace? Well, that all depends on Apple, which started this whole war with its patents on software and design (usually software GUI). Here is what happens among Asian companies like Samsung right now: "Midea and Toshiba announced last week that they had signed a memorandum of understanding for a deal which would see China’s largest home appliances manufacturer acquire the majority of the Japanese tech giant’s white goods business." Unlike Apple, these Asian company actually produce things, not just advertising and refining their logos. Apple now spends a lot of money on patent lawyers; no wonder the products are obscenely overpriced (costs associated with endless advertising and patent lawyers get passed down).

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails