Bonum Certa Men Certa

To Understand Why People Say That Lawyers are Liars Look No Further Than Misleading Promotion of Software Patents

Lawyers are Liars
Credit: Book cover by Mark Kohler



Summary: Some of the latest misleading claims from the patent microcosm, which is only interested in lots and lots of patents (its bread and butter is monopolies after all) irrespective of their merit, quality, and desirability

THE happenings at the USPTO have been particularly noteworthy this past week. We'll say a lot about it over the weekend because we prefer to cover EPO scandals as a matter of priority. One aspect we can't quite wait until the weekend to cover is the lobbying and pressure put on Andrei Iancu. We'll cover this in the post after our next post. This post will focus on software patents and the next one on litigation.

The patent maximalists are fuming. They have become rather nasty and unpleasant. Some sent me threats by post. Yesterday, for example, Watchtroll (Gene Quinn and Steve Brachmann) reran the "China!" scaremongering. "Increases in Innovation, Patent Boom Leads to Development in China," says Watchtroll's headline. But patents have nothing to do with it, it's just typical Watchtrollism; it's watching after patent trolls' interests by promoting patent maximalism. We already did a lot of articles debunking this "China!" nonsense. It's growing in influence not owing to patents but in spite of patents. China even permits software patents now; does that make China a software powerhouse? Not by a long shot! It's India, where such patents are banned, which takes the jackpot.

"It's growing in influence not owing to patents but in spite of patents. China even permits software patents now; does that make China a software powerhouse? Not by a long shot! It's India, where such patents are banned, which takes the jackpot."In our view, patent maximalism is a flawed mindset and a 'brain virus'; one lawyer typically poisons the minds of others with patent maximalism. It has become like a faith and a religion; they're unable to see facts and instead saturate their minds with more of their nonsense, typically in exclusionary echo chambers that exclude people not like them. These are supposedly well-educated individuals, but greed outweighs the wits and they know they can make more money with patent maximalism (more litigation, draining money out of practising companies). Referring to patents correctly as "monopoly", this article from yesterday spoke about Lexaria; "Investors benefit from both a legal monopoly and the opportunity to generate royalty," it said. Yeah, some "opportunity" -- the opportunity or the chance to sue everybody. Good for lawyers, not necessarily for investors (especially not investors of the accused/defendants).

This morning an article from Texas turned up to remind us of the $502 million verdict against Apple. We wrote about it earlier this week and last week too. Investors of Apple certainly don't benefit from this patent troll, VirnetX, suing Apple in such notorious courts. Does that mean that these investors will urge Apple to stop software patents? They would be wise to. Courts and judges that oversee Apple cases appear to think so too.

"Mathematics (geometry) and software. That's all it boils down. Why would examiners permit that?"But Apple is actively pursuing software patents. Classic computer vision in this new example. It uses the buzzword "AR" to achieve this in spite of Alice etc. "Software giant Apple has filed a patent," it says, "dubbed "adaptive vehicle augmented reality (AR) display using stereographic imagery"."

Mathematics (geometry) and software. That's all it boils down. Why would examiners permit that?

Here is another new example, this time from Mastercard, which is pursuing blockchain patents. To quote:

Blockchain technology is gaining traction amongst mainstream financial service providers as the technology guarantees security, decentralization, cheaper transaction fees and faster ways of sending funds across the globe. Mastercard has also not been left behind in these developments. This is after it was rumored as being one of the payment card providers that refused to support Litecoin (LTC) and its Litepay project.

Mastercard has filed a blockchain system patent to store and verify identity data. The patent application was published on the 12th of April this year. In the abstract of the patent application, the team at Mastercard describes the patent in its intricacies. The team states that traditionally, proof of identy had been provided via government identification, credit cards and business cards and that such proof may be inaccurate or fabricated through fraud. They propose that there is a need for a technical solution to provide for the immutable storage of identity and credential data in a secure and verifiable manner.


Why would that be allowed? These are clearly software patents, which are a disgrace and a distraction. Virtually every software developer rejects them. "Help abolish them for good to make life better for programmers" is what I told this booster of them, but she has not replied. These people just don't seem to care about quality, only quantity. How about yesterday's example of Futuri? It's a firm which "plans to license the IP to be incorporated into other companies' apps or software." [1, 2]

"Unfortunately, even though courts repeatedly reject software patents the patent microcosm continues to give bad advice to clients."Here's another new example [1, 2] that says "PDCflow announces partnership with US Patent owner Zukunftware, LLC for management and licensing of newly patented technology."

Unfortunately, even though courts repeatedly reject software patents the patent microcosm continues to give bad advice to clients. Here we have Jonathon P. Western and Steven M. Jensen (from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.) suggesting a trick for pursuing patents that are now worthless. Yes, software patents are dead in the US (high courts always reject them). Western and Jensen say:

Software patents are generally directed to a sequence of steps or rules, i.e., an algorithm, performed by a computer programmed to carry out the algorithm.


Under Alice that is patently unpatentable. So why bother?

Stuart Meyer, writing for Fenwick & West (greedy patent lawyers and lobbyists for software patents), does try to find new ways/semantic tricks to undermine SCOTUS (Mayo and Alice) and patent software anyway. Yesterday he obsessed over another pair of words: “Directed To” (similar to "as such" or "per se").

To quote:

It bears noting that although the overall test is often referred to as the Mayo/Alice test, Mayo did not actually use this term at all. That said, Mayo certainly addressed the concept. Justice Breyer, delivering the opinion for a unanimous Court, said “Prometheus’ patents set forth laws of nature….” Similarly, “And so a patent that simply describes that relation sets forth a natural law.” The opinion discussed Einstein and Archimedes to establish that, “A patent, for example, could not simply recite a law of nature and then add the instruction ‘apply the law.’” (emphasis in all three mine)

[...]

Let’s circle back now to our discussion of what the dictionaries said and whether “directed to” is non-exclusive (i.e., the aim can be toward multiple targets) as opposed to the suggestion that “directed at” means only one target. The most current Supreme Court authority (Alice) says the test is whether the claim is directed to patent-ineligible material. So if “directed to” allows multiple targets, it seems that only one such target needs to be non-statutory to potentially doom the patent. But if that’s the case, then it seems insufficient for the court in cases such as Vanda and Enfish to identify a statutory target, since that still leaves open the possibility of other, non-statutory targets. In reality, it seems clear that neither the Supreme Court, nor the Federal Circuit, has really thought about this distinction. The fact remains that very subtle differences in how one thinks about the phrase “directed to” can be outcome-determinative, and we’ve not been provided with sufficient guidance as to how that phrase should be interpreted. The conclusion is the same as in my last post: such uncertainly allows result-oriented opinions that cannot readily lead to any meaningful settling of this fundamental issue. We should demand clarification from either the courts or Congress, since the viability of so many patents depends on what this phrase is understood to mean.


This misconception that because one can fool examiners or trick them into granting makes a patent worth pursuing ought to stop; what typically happens after that is inaction (no assertion, i.e. no RoI) or invalidation (by PTAB or courts). Law firms profit not only from pursuing bogus patents but also disputes over these.

Recent Techrights' Posts

British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
 
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Sophie Brun, Raphel Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026