Bonum Certa Men Certa

Jericho Systems Threatens Alice, Court of Appeals for the Federal Circuit Threatens the Patent Trial and Appeal (PTAB)

Two new threats to the status of software patents in the United States (a rapidly-declining status)

Jericho Systems and software patents



Summary: A look at the two latest threats to those who helped put an end to a lot of (if not most) software patents in the US

"In a new petition for writ of certiorari," Patently-O noted the other day, "Jericho Systems has asked the Supreme Court to review its abstract idea test..."



This is another dangerous attempt to resurrect software patents at the USPTO, in spite of PTAB and sometimes even CAFC (which brought software patents to the US) often throwing them away. Jericho Systems was mentioned here before, both in decisions [PDF] and in posts about Novell or patents. CAFC, however, is reportedly dissenting against PTAB (some patent lawyers and proponents of software patents mentioned this the other day), which puts an end to a lot of software patents. As MIP put it: "The Federal Circuit has vacated and remanded parts of a Patent Trial and Appeal (PTAB) final written decision that relied on a new claim construction. The problem was not that the Board changed the claim construction but that it did not give parties a chance to respond, said the appeals court." Compare to to what goes on at the EPO with the appeal boards.

"We need to protect Alice and we need to protect PTAB, which applies the corresponding tests quicker than any single court does (court cases take a lot more time and money)."So here we basically have two threats; the first is Jericho Systems, which wishes to bring the question of software patentability (or the "abstract" patent test) back to the Supreme Court and second is CAFC, originator of software patents and backer of Enfish, which is trying to disrupt PTAB's excellent work (it's like the EPO's EBoA, which Battistelli is crushing). To quote Professor Dennis Crouch: "The district court ended the case with a judgment on the pleadings – finding that the asserted claims of Jericho’s Patent No. 8,560,836 lacked eligibility under Alice and Mayo (focusing on claim 1 as axiomatic)."

We need to protect Alice and we need to protect PTAB, which applies the corresponding tests quicker than any single court does (court cases take a lot more time and money). Otherwise, sadly, software patents might come back with a vengeance to the United States.

Recent Techrights' Posts

Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
 
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025