Bonum Certa Men Certa

Media Sites Still Filled to the Rim With Pro-Software Patents Propaganda (Lies by Omission)

Selective media coverage as a biasing strategy

India Nepal cartoon



Summary: Sites of patent lawyers continue to tell only a fraction of the whole story, focusing on one single old case involving Microsoft (which supports software patents) rather than the full picture (Alice and PTAB crushing software patents in the United States)

PATENTS on software are worse than inessential. They're extremely harmful, especially but not only to software developers (irrespective of the type of software and whether it's proprietary or not). They are being promoted for (self) gain by billionaires and patent lawyers, as we noted in our previous post. So why are we still hearing software patents advocacy? Well, for one thing, patent lawyers have a grip on the media. They even have their own media sites and these often look like news sites (basically marketing/sales disguised as analysis or reporting). This post presents some of the latest propaganda on these matters.



According to this recent post from a patent lawyers' site: "A court was easily able to analogize claims of two patents directed to electronic messaging to manual communications processes; the court consequently granted a motion for summary judgment of invalidity under 35 U.S.C. €§ 101. Mobile Telecommunications Technologies LLC v. Blackberry Corp., No. 3:12-cv-1652-M (N.D. Texas May 12, 2016)."

"They're extremely harmful, especially but not only to software developers (irrespective of the type of software and whether it's proprietary or not)."Notice the "invalidity under 35 U.S.C. €§ 101" part. We're seeing lots of that today, but patent lawyers would rather de-emphasise or ignore such things. "US Pat 8,545,575," wrote Patent Buddy the other day. "This is the patent a UT Judge held invalid under 101/Alice" (the SCOTUS ruling on Alice in 2014).

There's more of that, e.g. Patent Buddy's "Portable Data Storage Device Patent Unpatentable Under 35 U.S.C. €§ 101" (same grounds).

The cited decision is described as follows: "In a final written decision, the Board found claims of a patent directed to a portable data storage device unpatentable under 35 U.S.C. €§ 101."

And from the decision: "The underlying concept of claims 13 and 14, particularly when viewed in light of the ’720 patent specification, is conditioning and controlling access to content based upon payment. This is a fundamental economic practice long in existence in commerce. We are, thus, persuaded, based on the ’720 patent specification and the claim language, that each of claims 13 and 14 is directed to an abstract idea."

"They even have their own media sites and these often look like news sites (basically marketing/sales disguised as analysis or reporting)."Looking at the site best known for software patents advocacy, they now have an article titled "Avoiding Alice Rejections with Predictive Analytics" (trying to find loopholes around the law). "Having affirmed the claim construction," says another such site, "the Federal Circuit likewise affirmed summary judgment of noninfringement, adding that disclaimer applied to both literal infringement and to infringement under the doctrine of equivalents."

This is actually about CAFC, not SCOTUS. CAFC is responsible for bringing software patents to the United States in the first place.

3 days ago Ping Hu and Michael McNamara of Mintz Levin tried hard to cherry-pick cases to bring back software patents, in spite of SCOTUS. Their 'article' was titled "A New Hope for Software Patents?" It looks like an analysis, but it's shameless self-promotion, as usual. Mintz Levin wasn't alone here. Patent lawyers are so desperate to spread one single case (Enfish v Microsoft) to the appeals folks in order to save software patents. See "The PTAB Applies Enfish" (the case everyone leans on for legitimisation of software patents). It says: "However, relying on the recent Enfish decision, the PTAB found that the claimed method did not recite an abstract idea. Id. at 15. In so finding the PTAB faulted Petitioner's argument for failing to analyze the claims as a whole. Id. at 15. The PTAB went on to analyze the claimed method under the second step of the Alice test and found that it too was not met. Id. at 16. The PTAB found that, like the claims in DDR Holdings, the challenged claims are necessarily rooted in computer technology. Id. at 17."

"CAFC is responsible for bringing software patents to the United States in the first place."PTAB is not stupid (or corruptible or greedy like the USPTO), so almost every software patent that comes there will end up dead. The blog post "Corelogic, Inc. v. Boundary Solutions, Inc. (PTAB 2016)" says: "On May 24, 2016, the U.S. Patent Office Patent Trial and Appeal Board (PTAB) issued a decision denying institution of covered business method (CBM) patent review of U.S. Patent No. 7,092,957 owned by Boundary Solutions."

That's more of the same, obviously. Even Apple is now running to the PTAB, having found itself on the receiving end of abuses it's now so renowned for. To quote IAM: "Shortly after Smartflash won a $533 million infringement decision against Apple early last year this blog pointed out that the NPE [troll] was still unlikely to ultimately receive such a big payout. For one thing the Court of Appeals for the Federal Circuit (CAFC) has shown its predilection for over-ruling big district court awards, particularly from the Eastern District of Texas and particularly damages awarded to NPEs."

What's noteworthy here is that Apple, which uses software patents against Android (and by extension Linux) suddenly does not like them (because they're used against Apple) and resorts/retreats to PTAB for reprieve. How pathetic is this? Double standards all over this...

"What's noteworthy here is that Apple, which uses software patents against Android (and by extension Linux) suddenly does not like them (because they're used against Apple) and resorts/retreats to PTAB for reprieve."Regarding PTAB, also see MCM v HP Briefs. To quote Patently-O: "MCM-Petition-and-Appendix: (1) Whether inter partes review (IPR) violates Article III of the Constitution; and (2) whether IPR violates the Seventh Amendment to the Constitution. Response Due June 30, 2016."

The inter partes reviews are carried out by PTAB, which we need a lot more of (the EPO equivalent, E/BoA, is being crushed by Battistelli these days).

Going back to Enfish v Microsoft, 3 weeks later patent lawyers still try to prop up this one single pro-software patents ruling. CoffyLaw published this promotional piece and Bastian Best is cherry-picking cases again, citing Michael Best who latches onto CAFC. Fish & Richardson PC, which we mentioned here many times before, also joins the opportunists with a so-called 'analysis' or comparison between Enfish and TLI (a case which soon after Enfish crushed software patents at the same court). Meanwhile, a Microsoft-connected patent lawyers firm (Shook Hardy and Bacon LLP) is trying to expand patent scope with a so-called 'analysis'. The common thing (or theme) here is that they only pay attention to what suits their agenda. It's not analysis, it's propaganda.

"The common thing (or theme) here is that they only pay attention to what suits their agenda. It's not analysis, it's propaganda."Owing to patent lawyers' hype and media saturation, Enfish v Microsoft is now widely known only for reinforcing software patents in the US. "Enfish Could Not Save Patents Asserted Against Nvidia," Patent Buddy wrote, citing this PDF. So obviously there's not much impact to Enfish v Microsoft after all.

Why does the media keep covering it like it's a groundbreaking decision? Here is the corporate media mentioning it almost a month later, stating: "The court wrote in Enfish, LLC v. Microsoft Corp that any “improvement to computer functionality itself” overcomes the abstract idea exception to patent eligibility that holds that what is abstract can't be patented." Yes, but how many similar cases were decided/ruled against software patents? Why are these being ignored? Selective attention? Or just propaganda dressed up as 'reporting'? These are rhetorical questions really.

Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026