Bonum Certa Men Certa

Alice Decision and PTAB Are Both Constantly Under Attack From the Patent Microcosm and Its Lobbyists

Patent practitioners in the US are frogs in hot (if not boiling) water

A frog



Summary: A Supreme Court (SCOTUS) decision against software patents, combined with a chopping block of software patents (whose efficiency is still increasing), is causing trolls and their facilitators (like patent law firms) to resort to dirty tricks and attempt to reshape the system to better suit them, averting irrelevancy

IMAGINE being a patent law firm in the US right now. It's tough. Litigation figures have sunk, software patents are harder to get, and even if one gets them the courts will typically throw these away. This means that not many people even pursue such patents anymore. We constantly hear new stories about patent trolls that close shop and occasionally about legal firms which are centered around patents closing shop or being absorbed (i.e. their staff finding some new employer).



"We constantly hear new stories about patent trolls that close shop and occasionally about legal firms which are centered around patents closing shop or being absorbed (i.e. their staff finding some new employer)."Things aren't going to improve for this occupation, which is nothing but a tax on everything (including so-called 'innovation'). Understandably, the people associated with this pseudo 'industry' are fighting back and we need to watch what they are up to as they habitually attempt nefarious things, including an appalling witch-hunt against the head of the US patent office (Director Lee).

We don't really know when SCOTUS is expected to deliver a determination on Impression v Lexmark (there is no deadline or expected date, but estimates can be made by those intimately familiar with such pertinent cases). What we do know, however, is that the case may have ramifications for software, too. As one site put it the other day, in the words of a legal firm that cited Alice as an example:

The Supreme Court noted several times that Impression was seeking a significant expansion of the existing scope of the exhaustion doctrine. Justice Kennedy asked Pincus why the exhaustion doctrine had not been codified in the 1952 patent statute and whether the failure to codify the doctrine suggested that the court should be "cautious" in "extending" the doctrine's reach. Justice Alito noted that the "Federal Circuit's rule on this is 25 years old" and Justice Sotomayor observed that Impression's position on the question of foreign sales raised "serious issues" and "negative consequences". Pincus acknowledged that Impression's position could have such consequences, but observed that the Supreme Court has disrupted the settled expectations of patentees before to "get…the law right", citing the Alice decision as an example.


Yesterday, in spite of the holiday, Watchtroll advocated getting rid of Alice again, by calling software patents "Computer Related Inventions" and trying to work around Alice. His allies (e.g. IBM's patent chief and that ilk of patent bullies) recently tried again to undermine PTAB, having lobbied endlessly for negative action. Days ago IBM's patent chief wrote that it's "[g]reat that #USPTO will review and consider reform of PTAB #patent proceedings, bad that it took 5 years to happen..."

"They just want to crush Alice, crush PTAB which enforces it efficiently, and basically bring back software patents, which made America Not Great but a hub of patent trolls."As we noted here the other day, it seems like an effort to appease the software patents lobbyists -- something to which other patent radicals are now contributing. "Speakers discussed PTAB issues of interest," Manging IP wrote the other day, "and other hot topics at Managing IP’s US Patent Forums, includ[ed] estoppel, a reawakening of APA issues at the Federal Circuit, the upcoming en banc rehearing of Wifi One v Broadcom, stay success rates, best strategies for using experts before the Board, and life sciences’ better survival rate in final written decisions"

All of the above is intended to shape PTAB to better suit the patent microcosm rather than the real industry and the public. The USPTO ought not surrender to them. They just want to crush Alice, crush PTAB which enforces it efficiently, and basically bring back software patents, which made America Not Great but a hub of patent trolls.

Recent Techrights' Posts

[Meme] Canonical Has Basically Become Novell II
Today's Canonical...
[Meme] The Doyen and the Colonel
EPO continues to prioritise lawbreaking over knowledge
Microsoft Poetterix is Work in Progress
Linux's New DRM Panic 'Blue Screen of Death' In Action
 
[Meme] Always Livecasting
Wait Till Systemd-Recall
Australia: Bing Lost Market Share Since the LLM Hype ("Bing Chat")
Google rose, Bing went down
Gemini Links 18/06/2024: Unconscious Consumption and Firewall Autoban
Links for the day
While Everyone is Furious at Vista 11 (Over TPM, Recall and Other Malicious 'Features') Canonical is Selling It to People
So the only thing Canonical says about Windows is that you should give it a try?
Links 18/06/2024: Adobe and Internet Archive in Trouble
Links for the day
Peter Duffy Explains SystemD
Ein Volk, Ein Reich, Ein Führer!
EPO Union Action: Next Week SUEPO The Hague and SUEPO Munich Talk About New Pension Scheme (NPS) and Salary Savings Plan (SSP)
So there are basically 32 days left for more people to intervene
[Meme] Wait Till Systemd-Recall
The only thing Linux still needs is a forensics backdoor
GNU/Linux Up This Month in India (or Why Famous Criminal Bill Gates Keeps Visiting Modi)
truth tends to catch up with people
24/7 Work Discipline
it's not so much about how much (or how long) one works, it's about how one works and whether one feels comfortable doing it
Adamant Conformism is an Enemy of Science
"The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 17, 2024
IRC logs for Monday, June 17, 2024
Links 18/06/2024: Further Mass Layoffs and Gemini Leftovers
Links for the day
At IBM, "Brownnosing is the Norm."
Many of these comments are from IBM insiders
Myanmar/Burma: Google Gains One Percent, Microsoft Loses One Percent Since the LLM Hype ('Bing Chat')
it's not hard to understand LLMs didn't replace real search and didn't replace Google, either
[Meme] KISS, not SAAS
Gemini Protocol turns 5 in exactly 2 days
Hostageware: The Threat of Clown Computing (or 'SaaS', Another Misnomer or Buzzword) to Computer Users Everywhere
This problem isn't limited to Free software adopters
Jean-Pierre Giraud, Possible Forgeries & Debian: elections, judgments, trademark already canceled, archaeologist
Reprinted with permission from Daniel Pocock
Six on the Beach: After Losing Six Continents Microsoft is Losing Oceania Too
Based on the 6- or 7-continent view of the world
Links 17/06/2024: Mass Layoffs Accelerating in Tech, Concerns About Impact of the Net
Links for the day
Gemini Links 17/06/2024: Hyprland Analysed and No Use for Betrusted
Links for the day
Microsoft Can Never Make a Comeback Anymore, the Community is Shutting It Out
We're relying on the real community, not fake ones or coopted ones
The World is Becoming (or Has Already Become) Linux
An intercontinental success story
Georgia: Bing Share Fell by Half Since 'Bing Chat' (LLM Hype), Fell Behind Yandex As Well
Georgia's situation is interesting
[Meme] Community of People to be Exploited, Then Thrown Away, Left Behind or Even Slandered
Debian.org front page
Alexandre Oliva's FSF disposition
During my recent trip for LibrePlanet, I was fortunate to have, or at least start, long conversations with nearly everyone in FSF staff
[Meme] SPI and 'FSFE': Sponsored by Microsoft to...
women's instincts do not matter to these strongmen
One More (Failed) Attempt to Deplatform the Sites by Harassing and Threatening Webhosts
What we're seeing here is a person who abuses the system in Canada at Canadian taxpayers' expense trying to do the same in the UK, at British taxpayers' expense
[Meme] Shitburger of an LLM
IBM and the Hololens
Links 17/06/2024: Chatbot Nonsense Thrown Under the Bus (Severe Failure, Pure Hype), How to Finance Free Software 'Hackers'
Links for the day
Debian's Personal Attacks Are Upsetting Women, Too
Female Debian Developer: "I Believe Daniel [Pocock] is On the Right Track."
Microsoft's Bing is So Irrelevant in Moldova (1%) That Russia's Yandex is About 5 Times Bigger
How much longer before Microsoft throws in the towel?
12 Days Have Passed Since the Edward Brocklesby Revelations and Debian Project Has Said Absolutely Nothing About That
One must therefore assume they have nothing to say in their defence (covering up severe security failings)
Yes, You Can
Unless you live somewhere like Russia...
[Meme] Listen to the Experts
Bill Gates didn't even finish university]
Roy and Rianne's Righteously Royalty-free RSS Reader (R.R.R.R.R.R.) and the Front-End Interfaces
As the Web deteriorates the availability, quality and prevalence of RSS feeds is not improving, to put it mildly
Algeria Shows High GNU/Linux and Android Adoption, All-Time High and Almost Three-Quarters of Web Requests
GNU/Linux was below 3%, now it is above 3%
Mass Layoffs at Microsoft-owned GitHub (About 80 Percent of the Staff in India Laid Off)
It's not just in India
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 16, 2024
IRC logs for Sunday, June 16, 2024
Gemini Links 16/06/2024: Scarecrows, Moles, Ham Radio, and No IPs
Links for the day
Africa is Android and Green (Chrome, Not Just Android Logo)
In Africa Firefox is almost below 1% now
Coercion From the "Consent" and "CoC" Crowd is a Self-Defeating Tactic
Freedom of the press; Nothing less
Covering Abuses and Corruption
We'll never surrender to blackmail
According to statCounter, GNU/Linux Increased From 3.77% to 3.89% This Month (Worldwide), Windows Now Below 20% in 78 Nations, Below 10% in 27 Nations
Highest since March (for GNU/Linux)
Ubuntu Running Out of Energy
Its planet too is deteriorating
Links 16/06/2024: In Defence of Email and Why Recycling Symbol Lost All Meaning
Links for the day
Gemini Links 16/06/2024: Computer Science Course Union and Potentiometer
Links for the day
Cross border crime: sale of Swiss insurance in France and European Union without authorisation
Reprinted with permission from Daniel Pocock
Letting Microsoft systemd Manage /home Was a Terrible Idea All Along
systemd-tmpfiles, deleting /home
Patriotism is OK, But We Need Facts and Reason, Not Blind Obedience to Authority
Very seldom in the history of human civilisation has groupthink proven to be of real merit
When You Touch One of Us You Touch All of Us
We have a principled, uncompromising stance on this matter
Links 16/06/2024: New Sanctions Against Russia, Fentanylware (TikTok) Causing More Problems
Links for the day
Social Control Media in Japan: Twitter (X) Has Collapsed, YouTube Rising (Apparently)
What a genius Mr. Musk is!
Windows Cleansed in South Africa (Already Hovering Around 10% Market Share)
Plus Microsoft's mass layoffs in Africa
[Meme] Satya Nadella's Windows PC RECALLS Not What He Did
Satya got lucky
Usage of Let's Encrypt in Geminispace Has Collapsed (That's a Good Thing!)
Ideally, or eventually, all capsules will sign their own certificates or have their own CA
North Macedonia: Windows Down From 99.2% to 28.5%
Last year it was even measured at 26%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 15, 2024
IRC logs for Saturday, June 15, 2024
Gemini Links 16/06/2024: Hand Held Maneuvering Unit and Hugo Static Files
Links for the day