Bonum Certa Men Certa

Supreme Cases and Some Supreme Outcomes That Tighten Patent Scope in the United States

Better hurry up before Trump ruins the Supreme Court

Cruz for Supreme Court



Summary: Additional and belated remarks about Apple's patent attacks on Samsung's Android phones and the upcoming Supreme Court (SCOTUS) decision on Life Technologies Corp. v Promega Corp.

THINGS are about to change for the better at the USPTO because upcoming SCOTUS cases won't challenge Alice (applicable to software patents) but instead jeopardise other kinds of patents.



Regarding the unanimous decision in favour of Android or Linux or Samsung (depends on how one looks at it), there have been endless streams of articles by now. We saw hundreds of articles in English (about 300 articles!) about it, not counting all the Apple fan blogs and articles in other languages. There's also my personal take on it, as covered the other day (hours after the decision had been handed down). For those looking for some decent coverage, see Jurist, AOL, Ars, El Reg or even lesser known sites. Less objective (for either side) were IP Watch, MIP, TechDirt, and Bristows staff at IP Kat. Be careful of Apple advocacy sites disguised as news sites. Even SJVN decided to cover it, although it's typically outside his scope. Florian Müller did a blog post about it and said: "Large parts of the (U.S. and global) tech industry will breathe a sigh of relief now."

"We must understand that when it comes to patents the quantity (the more, the merrier) and quality (more is less or less is more) should be grounded on evidence-based analysis, not Battistellite 'logic' and Republican instincts.""Yesterday's Supreme Court ruling," he later added, "means design patents won't spell doom for alleged infringers anymore, but a lot depends on the Fed. Circuit" (CAFC). "The Supreme Court said what the Fed. Cir. got wrong; but now the same Fed. Cir still has to get it right," he continued. "In 2017, we'll see what happens." As we noted here before, only the lawyers win in these disputes that last half a decade or longer.

IAM always complains when patent scope is restricted and this time was no exception; they're hardly even closeted about their patent maximalist bias.

The net outcome here is a major loss for another kind of patent. We must understand that when it comes to patents the quantity (the more, the merrier) and quality (more is less or less is more) should be grounded on evidence-based analysis, not Battistellite 'logic' and Republican instincts. The EPO now moves in the opposite direction, broadening patent scope rather than tightening it.

SCOTUS is going to tackle another kind of patents quite soon (Life Technologies Corp. v Promega Corp.), as an article by Dennis Crouch, another from MIP, and more from patents-centric sites state with concern. Many articles have appeared in recent days and most of them are from the patent microcosm. We too mentioned this case before.

We continue to worry that Trump-appointed Justices (new appointees) to SCOTUS will ruin all/most of the patent progress made in recent years. Conservative think tanks, for example, are out in full force calling for the end of Alice as we know it. We'll cover that separately later tonight.

Recent Techrights' Posts

Last Week's Public Talk by Richard Stallman Well Attended and Covered in Technical News Sites
and we're looking at about 60,000 Microsoft layoffs in 3 years
What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
 
2025 Will be a Big Year For GNU/Linux on Desktops/Laptops
with an economy like this, people who don't live in rich countries won't turn to Apple
Signs of Trouble: Microsoft Job Openings for Jobs That Do Not Exist!
Keeping up appearances?
"Special Place in Hell" for Women Who Help Violent Microsofters From Another Continent Attack Local Women Who Did Nothing Wrong, They Just Got Bullied and Deserve Sympathy or Compensation
Nothing says "Brat" like men who attack women, right?
The Numbers Game: 50,000-60,000 Microsoft Workers Laid Off in 2.5 Years? And Debt Still Tripled Under Nadella.
under Nadella Microsoft's debt trebled
The Slow Death of Windows Will Mean the Inevitable Demise of Microsoft
Once people stop using Windows, it'll be hard for Microsoft to sell anything to them
Gemini Links 13/05/2025: Shopping is an Exasperating Nightmare and Making Phones Minimal
Links for the day
23,000 More Microsoft Layoffs by the End of June If the Estimates Are Correct (In Addition to About 6,000 Layoffs So Far This Year)
There's no questions about many layoffs happening this month. It got leaked already. The only question is when (and also how many).
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025
Major Microsoft Layoffs This Week (Discussed Online)
later we can expect a lot of spin, even misinformation
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025