Bonum Certa Men Certa

Abolish the Supreme Court and Congressional Take on Patents, Says David Kappos, Just Listen to Mr. Kappos and Reinforce Software Patents

David Kappos Source: 2013 interview



Summary: David Kappos has turned from Director of the USPTO into a raving proponent of software patents, to the point of discrediting Congressional intervention and corrective judgments from the highest court in the United States

Some public officials are acting like professionals (don't mind EPO leadership). Some academics act professionally too. Professor Dennis Crouch, for instance, now finds himself growingly interested in the Supreme Court's cases and he wrote about an upcoming event on Monday (Intellectual Property in the Supreme Court): "I’m looking forward to the Federalist Society teleforum this Friday, April 8, 2016 at 2:00 pm EST on the topic: Intellectual Property in the Supreme Court."



"Mr. Kappos is a patent lawyer, a patents maximalist and increasingly a lobbyist for the rich and powerful."With all its flaws notwithstanding, the Supreme Court of the US is reasonably important and quite highly regarded, especially or more so after Antonin Scalia died. Who would be silly enough to chastise the Supreme Court and even Congress? Apparently the former director of the USPTO. How tactless.

David Kappos complained about SCOTUS in New York a week ago. He doesn't seem to accept the fact that software patents are dying in the US, owing to the historic judgment of the highest judges. Kappos is no judge and not much of an accomplisher either; he just spent many years at IBM, which is a software patents aggressor, then leaped into the USPTO, whose biggest client was IBM. Now he's lobbying for software patents, profiting from software patents, and writing papers in favour of software patents. Here is his latest such move ("Law360 Opinion: Time For Congress To Leave The Patent System Alone, by David Kappos").

"Maybe Kappos simply found out that there's more money in fame and lobbying than there is in other jobs."To quote Kappos: "The U.S. patent system has undergone a number of dramatic changes in recent years, including passage and implementation of the 2011 America Invents Act, six U.S. Supreme Court cases impacting patent laws, new administrative rules by the U.S. Judicial Conference, and actions by the Federal Trade Commission and state attorneys general. Many of these changes were needed to address abuses in the system, where frivolous patent suits have been used by “bad actors” to essentially extort payments from businesses after unfairly accusing them of infringement. However, the powerful effects from these changes undertaken by multiple branches of government strongly suggest Congress can prudently step back from further reshaping the patent system. It is time to let the system embrace its major recent changes and work out implementation issues before further reform is seriously considered."

Mr. Kappos is a patent lawyer, a patents maximalist and increasingly a lobbyist for the rich and powerful. He even writes whitepapers in favour of software patents. When is this going to stop? It's inapproriate as it makes both IBM and the USPTO look as though they intervene with policy and interfere with judge's work, even Supreme Court Justices.

The other day patents maximalists (also huge proponents of software patents) noted that the "resignation of David Kappos [...] coincidentally happened shortly after he gave a strong pro-software patent speech."

"How much further can one allow these opportunists to go?"Maybe Kappos simply found out that there's more money in fame and lobbying than there is in other jobs. We truly hope he'll stop. This discredits the whole framework of patents in the US.

According to this new article about PTAB the USPTO folks are trying to "tilt the playing field just a little bit back in their favour." To quote the whole thing: "Since they came into force in September 2012 the post-issuance reviews introduced by the America Invents Act have helped make life far tougher for US patent owners. Last week, however, the USPTO announced some changes to the rules governing the process which just might tilt the playing field just a little bit back in their favour."

How much further can one allow these opportunists to go? No doubt a lot of patent lawyers are concerned because more patents just mean more business to them, in the same sense that more wars mean more profit to arms manufacturers. "Several heads of new firms told C&E they've pursued patent protection despite business method and software patents facing greater scrutiny from the U.S. Patent and Trademark Office," says this new article. It later blames Alice (at SCOTUS) by stating: "These moves fit a pattern, established by Audience Partners, of pursuing patents of processes that most people in the industry believe can’t be patented. Moreover, they’re coming in wake of Alice Corp. v. CLS Bank International, the June 2014 Supreme Court ruling that seemed to tighten eligibility while invalidating some software and business-method patents. In fact, the Software Freedom Law Center, which represents not-for-profit developers, said at the time that the decision was “one more step towards the abolition of patents on software inventions.” "

"As the world moves further away from software patents (the US included) Kappos is working to do the very opposite."Patent lawyers only pay attention to Alice when software patents withstand scrutiny, as another new article ("One-Court Alice Backlash: Delaware’s Judge Robinson, Critical of Recent Trends, Upholds Software Patents in Three Cases") serves to show. To quote: "The trend? In applying €§ 101 since Alice Corp. Pty. Ltd. v. CLS Bank Int’l., 134 S. Ct. 2347 (2014), courts have given software patents a rough go of it. District courts frequently cite Alice to strike down software patents. And as Judge Robinson notes, the Federal Circuit, for its part, has not upheld a computer-implemented patent under €§ 101 since DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245 (Fed. Cir. 2014), the sole post-Alice victory for a software patent owner, issued a few months after Alice came down. See Improved Search at 8 & n. 4 (citing eight Fed. Cir. decisions striking down computer-implemented patents)."

To know that Mr. Kappos is some kind of anti-Alice (at SCOTUS) warrior these days helps us map him accordingly. As the world moves further away from software patents (the US included) Kappos is working to do the very opposite.

Update: It has just been pointed out to us [1, 2] that Kappos now works on a front group for several prominent proponents of software patents, including IBM (former employer), Apple, Microsoft, and HP. The following screenshot is self explanatory.

Kappos PAI

Recent Techrights' Posts

Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025