Bonum Certa Men Certa

Court of Appeals for the Federal Circuit (Originator of Software Patents) Still the Number One Barrier to Progress and Justice

CAFC corruption



Summary: New Court of Appeals for the Federal Circuit (CAFC) cases/rulings and what the latest developments serve to teach us about CAFC

THE activity of patent litigation is a function of misunderstanding, disagreement, and inability to settle. It is not, however, to be mistaken or conflated with patent activities (cross-licensing for instance). Patent maximalists, especially those who profit from actual litigation (patent lawyers, not necessarily attorneys), conveniently mix the two. It is worth remembering that poor judgment or low-quality patent examination would more likely lead to patent disputes. This is one of several reasons we're highly concerned about the EPO these days. Looking at the far east, there too litigation activity seems to be on the rise; this week alone Huawei decided to sue with patents [via] once again (China is a growing platform for such litigious activity and hostile atmosphere it entails) and in Korea patent cases boil over to the US courts. Patents were originally introduced not to occupy thousands of courts but for preservation/publication, attribution, and dissemination of knowledge (with accompanying fees or temporary prohibition on imitations). Nowadays, judging by these very recent articles about patents on life [1, 2, 3, 4, 5, 6, 7, 8], patents are made to control who lives and who dies, or who 'owns' parts of everyone's body. This is not OK and it directly relates to software patents if the said patent is looked upon closely. Now there's also the Rapid Litig. v CellzDirect case [1, 2], patents on exported goods, and other such CAFC cases like Bascom, which relates to software patents. As The National Law Review put it yesterday, "Focusing on Second Step of Alice, Federal Circuit Finds Inventive Concept in Software Patent in BASCOM" (there is more coverage here).



How far can this madness go and when will it be globally realised that software patents never made sense to begin with (it was CAFC that brought these into existence). Matt Levy, writing for Patent Progress yesterday, scoffed at "Bad software patents" when he wrote the article "CAFC Says Configuring an Option per User is Patent-Eligible" (it oughtn't be). To quote Levy's explanation of the case and the patent:

Bad software patents apparently still have a few protectors on the Federal Circuit: in its recent decision in Bascom Global Internet Services, Inc. v. AT&T Mobility LLC, a Federal Circuit panel said that a patent for configuring a content filtering option per network user is patent eligible. After making a lot of progress in the wake of Alice Corp. v. CLS Bank, this is a big step backwards.

[...]

This is patent lawyer language, of course, but it’s not too complicated. Basically, there are a few ways of filtering out objectionable websites; this system forces all network requests through a single server which filters out the objectionable websites. Each user has a filtering method(s) associated with her account, and the server uses the associated method(s) for the user making the request. That is the claim. There are no new filtering methods, no implementation details, nothing more specific than what I’ve just described.

Under Alice, it seems pretty clear to me that this shouldn’t be patent eligible. The abstract idea is something like “filtering content through a single access point where the method of filtering content is configured for each user.”


"The Federal Circuit has ruled that the claims of a patent for liver cell treatment were not directed to a patent-ineligible concept, in a decision that provides guidance on how life science innovations can satisfy the Mayo test," MIP wrote, demonstrating that CAFC not only challenges Alice but also the Mayo test (both at SCOTUS, the US Supreme Court). CAFC also "saves 10k patents by reversing district court decision in Immersion Corp v HTC," according to this new patent lawyers' analysis of Immersion Corp v HTC, serving to reinforce the view that CAFC is somewhat of a rogue court which all along was in the pockets of patent lawyers, disinterested in justice itself. ⬆

Recent Techrights' Posts

NVIDIA Buys the Media With Companies It Sponsors to Pretend to be Customers (Circular Funding Scheme)
The media crisis worsens
Brigading Against Women - Part IXX - Overreaction From Young Female Professional After Invalid Threats Made and Sent From an Incel in Another Continent
Cowards who send threats after committing crimes online
libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Secret Microsoft Layoffs and Maybe Another "Voluntary Exit Program at Microsoft in October"
there's a morale crisis at Microsoft
 
Red Hat is Phased Out of Existence This Month Onwards
Within a few years we'll probably not see many redhat.com addresses anymore; many became ibm.* last week
Finland's GNU/Linux Share Measured at 12%
Last month GNU/Linux was measured at about 10% in Finland
UK Layoffs and Closures by Microsoft. In Expected Blow, Microsoft Likely Shuts Down Another Studio.
Microsoft's layoffs are never-ending, they just try to keep them all secret.
Discussion About Potential Sale of EPO Buildings and Enshittification of Europe's Largest Patent Office
It's noteworthy that only one hour (or 70 minutes) was devoted to so many topics
Stonewalling by Bots
We'll now turn our attention back to EPO and other matters
Gemini Links 05/10/2026: "Posthumanism", Cardputer, and More
Links for the day
Links 05/10/2026: “I’m Embarrassed on Behalf of the Tech Industry” and Slop Scammers "Lobbying the Vatican"
Links for the day
SIRIUS OPEN SOURCE LTD Officially Insolvent, Is Reform UK Next?
Sirius no more
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Many Topics to Cover
Drops in a big ocean
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026