Bonum Certa Men Certa

Software Patents Not Potent in the United States Anymore, But Threat of Resurgence Persists Inside CAFC

Judge Raymond Chen has a track record of resisting ۤ 101

Raymond T. Chen



Summary: The perception of correlation between the Court of Appeals for the Federal Circuit (CAFC) judge that is assigned to a software patent/s case and the outcome of the case gives room for speculation

THERE is a lot to be celebrated now that the USPTO hardly accepts (abstract) software patent applications and even when it does, boards or courts will overrule it down the road. We fought for this for over a decade and after Alice it gradually became a reality, lowering the overall number of patent lawsuits and patent trolls, as expected. The EPO currently moves in the opposite direction, due to its misguided President. As Benjamin Henrion put it yesterday, in relation to the UPC with its bogus 'expert' teams, "software dev[elopment] does not need patents. UPC is a back door."



The US Supreme Court has not dealt with the subject of software patenting for several years, but the Court of Appeals for the Federal Circuit (CAFC) deals with it all the time and usually, in about 90% of cases, accepts the Alice ruling and tosses away software patents. It is worth keeping track of who inside CAFC has a track record of not obeying Alice and in fact defying/rejecting it. This subject is hardly explored anywhere. In his latest article about CAFC, for example, Professor Crouch focuses on Halo, Pulse, and Seagate in relation to willful infringement claims, which is another subject altogether, namely damages.

"In order to keep software patents at bay (and away) we need to at least name the judges."Daniel Cole, a patent attorney with Bold IP, worries about Alice and says that "Removing Section 101 Won’t be Enough" (to restore software patenting). This was published yesterday (as in every Sunday) in the pro-software patents site of Watchtroll. Well, software patent proponents want it all and they know how they can get it, if only opponents of software patents don't remain vigilant. "If section 101 of the patent act," he explains, "is removed the Supreme Court is extremely likely to simply continue to rely on those two precedents and continue to find abstract ideas and natural phenomena unpatentable. As the “broad language” of section 101 would also be removed the Supreme Court might even assume congress is giving it broad authority to enact further limitations on patentability."

Brian Watkins, in the mean time tells me that "[i]n real life, on the other hand, the CAFC—especially J Chen—is halfway to overturning Alice." He added [1, 2] "DDR Holdings: copying color code out of HTML file is patent-eligible. Bascom: running IPtables on remote host eligible. The two biggest steps on the road to overturning Alice and Bilski and returning to State Street Bank, both by Chen."

The Enfish judgment, by contrast, he says is "[b]y Hughes w/ Moore, Taranto on panel."

Citing Watchtroll, a vocal proponent of software patents, he says the article "lays out exactly how the trolls are overturning Alice step by step."

This is worth noting perhaps, and better late than never, as we never really bothered checking who issued which CAFC ruling/s and what the patterns of outcomes were. In order to keep software patents at bay (and away) we need to at least name the judges. In the past, specifically inside CAFC, some judges were crooked and were working closely with outside interests. Randall Ray Rader is a recent example which we mentioned here many times before. Watchtroll already has a 'thing' for Mr. Chen (4 out of the top 6 search results are Watchtroll articles; see for example Google images search).

Recent Techrights' Posts

Computer Users Aren't Zoo Animals
Animals don't belong inside cages in zoos, either
[Meme] Not About How Many Locks One Adds
Some people try to point their fingers in all the wrong directions now that a new patch is available for rsync
Total Lock-down Ambitions - Part I - DRM and TPM Need Not be the Future of Computing, There's Another Way
Who is being restricted? Us, the users.
New Upcoming Series About DRM and TPM
We'll do our best to name and explain some of the alternatives that are still available
 
Gemini Links 16/01/2025: Yesterday's Gone, The Hour of the Dragon by Robert E Howard
Links for the day
Links 16/01/2025: Scale and Scope of Microsoft Layoffs Revealed (Two Waves of Layoffs in 2025 Already)
Links for the day
Gemini Links 16/01/2025: Meta Has a Pixelfed Problem and Space Time Scoping
Links for the day
Anti-Linux 'Articles' in linuxsecurity.com (Guardian Digital, Inc) Are Composed by Bots, Probably Microsoft's
linuxsecurity.com has become a mindless stream of LLM slop
"New Year, New Career"
published a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 15, 2025
IRC logs for Wednesday, January 15, 2025
If You See Many Microsoft Puff Pieces That All Say More or Less the Same, Consider the Possibility That Microsoft LLMs 'Wrote' Those
There are also many phantom fake 'reports' about Microsoft in relation to some "hey hi" (AI) things
[Meme] The Crybully
Crybullies shrug
IRC Logs Complete in Geminispace (Even in GemText Format!)
We still envision ourselves - a community of justice-seeking enthusiasts - as a multi-protocol platform, not just some ordinary Web site
It Was Only a Matter of Time
We're going to pursue justice
[Meme] "Well, He’s Dead So," Bill Gates Tells the Media (Which He Pays) About His Close Friend Jeffrey Epstein
Does the police in San Francisco cover up crimes instead of solving them?
The Rumour Was Right, Today is the Second Large Wave of Microsoft Layoffs in 2025
It has only been two weeks since the year began
The Free Software Foundation (FSF) Has Had a Good 2025 Already (Its "Year 40")
FSF will reach $400,000
[Meme] His Existence is Proof It's Not Infeasible
We salute the FSF's original mission
Links 15/01/2025: Efforts to End Wars and 'Newsflation'
Links for the day
Gemini Links 15/01/2025: Abandoning Windows for GNU/Linux, SIS Progress Update
Links for the day
Links 15/01/2025: Social Control Media Spreading Lies, TikTok Banned in 4 Days
Links for the day
More Microsoft Cuts and Layoffs (Microsoft Media Mole Jordan Novet Tries to Float "Hiring Freezes" Spin After the "Headcount" Spin Failed)
As one might expect...
Microsoft Breaks Linux Again
Does it even care? It's selling Windows.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 14, 2025
IRC logs for Tuesday, January 14, 2025
Links 14/01/2025: Vaccination Hesitancy Problems and Kangaroo Courts (UPC)
Links for the day
Gemini Links 14/01/2025: Introduction to GrapheneOS and Small Internet
Links for the day
Dr. Miriam Bastian From the Free Software Foundation (FSF) Gives a Talk in a Couple of Weeks at FOSDEM (Brussels, Belgium)
It's good to see people from all around the world and with very different backgrounds united around digital philosophy
Andy Farnell on Eating Your Own Dog Food
focuses on security but goes beyond that
EPO Uses the Misnomer "AI" to Attack Software Developers in Europe
The EPO is nowadays a huge pile of crimes
The European Patent Office’s (EPO) Communication on "Reform" is "Incomplete and Misleading," Says the Central Staff Committee at the EPO
This puts Europe at risk and makes it more vulnerable
[Meme] How to Lose Social Life (While Pretending to Still Have It)
Talk to people, not to microphones
Android (or AOSP) is More Free Than iOS, Both in Practice (as OEM Bundles) Both Are User-Hostile
In a perfect world, people would choose and deploy software that is entirely made up of reciprocally-licensed bits
Neuroscience of Consciousness Paper: Why Social Control Media and Proprietary Spyware Harm Your Health
"Software Freedom turns out to be good for your health"
Access to the Source Code of the Programs You're Using Matters (Even If You're Not a Coder and Cannot Fix Bugs)
Companies like Microsoft tell us that full access to all the code isn't important
Guardian Digital (linuxsecurity.com) Publishes Fake Articles About Linux and About (for) 'Linux' Foundation Openwashing
Brittany Day is at it again
Links 14/01/2025: LA Crisis and EU, UK Respond to "X.com" Threat From South African Oligarch
Links for the day
The Word About the Upcoming Talk by Richard Stallman - Scheduled for Friday This Week - Has Spread ("The Cost of Freedom," Lausanne, Switzerland)
So the word is spreading
"AI Music" is Not Music and It's Hardly "AI" Either
Synthetic garbage is a solution in search of a problem
Webspam in BetaNews
Not only is it marketing SPAM
[Meme] 13 Years a Slave of Microsoft
Might makes right?
Gemini Links 14/01/2025: The Gemtext Print Hurdle and New Game: Fill!
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 13, 2025
IRC logs for Monday, January 13, 2025