Bonum Certa Men Certa

Patents Roundup: Nintendo, Watchtroll's Lies, Judge Reyna’s Latest Decision (Disc Disease), and Bayh-Dole

A massive column



Summary: Leftovers from this past week's patent news, implicating Nintendo and various spinners who are trying to 'oversell' patents

THE END of another week is also the first weekend of this month and thus our first 'sweep-up' of USPTO news. We try to take stock of everything, knowing that patent matters impact a lot of things.



"It was a quiet week after a climatic week of Oil States, which patent maximalists hope we already forgot about (because it legitimises PTAB)."So what else has happened during this past week? Actually not much. It was a quiet week after a climatic week of Oil States, which patent maximalists hope we already forgot about (because it legitimises PTAB).

Nintendo



We last wrote about Nintendo in relation to patents just several weeks ago. Nintendo isn't a company that's truly aggressive with patents, except in some rarer circumstances. Sony is probably the only large Japanese company that deserves notoriety for its patent strategy.

The latest preliminary action (very far from the Court of Appeals for the Federal Circuit (CAFC)) was mentioned some days ago in relation to an ITC invocation; the ITC is usually interested in embargo of non-US firms (or their products); it's a sanctions agency which is lot less interested in actual justice or innovation. It even ignores other courts/tribunals like PTAB. Based on the report, some incognito "firm has filed another claim with the US International Trade Commission (ITC), which has now agreed to look further into the matter. The ITC has announced it is investigating, "certain portable gaming console systems with attachable handheld controllers and components thereof," and that it, "has not yet made any decision on the merits of the case." Gamevice is asking for the US to block all imports of Nintendo Switch based on said patent infringement, but Nintendo has a long history of beating these kinds of cases so it seems unlikely to cause the Big N too many issues or, ultimately, halt Switch imports in the US."

"Gamevice Wants The US To Block Nintendo Switch Imports Because It Infringes On Its Patents," says the headline. Will it be embargo by default? Who faces the burden of proof here? If patents are so great for 'consumers', then ITC staff will hold off until an actual legal case concludes (before doing anything).

Spinning the CAFC



Speaking of CAFC, this patent maximalist has oddly enough said: "The Federal Circuit [CAFC] recently ruled that Alice did not change the law of 101. Really? If the law remained the same post-Alice why was Alice a clear pivotal moment in software patent history? Seems the CAFC is out of touch."

Or maybe the sources of such information are just crap. That's linking to Watchtroll's "Federal Circuit rules Alice did not alter the law governing 101" -- about the case Voter Verified, Inc. v Election Sys. & Software LLC. Watchtroll is basically spinning a CAFC case yet again, hoping that his spin will somehow incite, making it seem like software patents have legitimacy still (they don't, not in high courts anyway). It has been 4 years since Alice and nothing has changed as far as the Supreme Court is concerned. This is what Watchtroll said:

On April 20, 2018, the Federal Circuit issued a decision in Voter Verified, Inc. v. Election Sys. & Software LLC, a case arising from an appeal by Voter Verified, Inc. from the United States District Court for the Northern District of Florida’s dismissal under Fed. R. Civ. P. 12(b)(6) of its claim for patent infringement. The district court held that the claims of U.S. Reissue Patent RE40,449 (“the ‘449 patent”) are directed to patent-ineligible subject matter and, therefore, are invalid under 35 U.S.C. €§ 101. The Federal Circuit, in a decision authored by Judge Lourie, joined by Judges Newman and Reyna, affirmed.


Writing about the same CAFC case, Charles Bieneman (another patent maximalist) said this (with a more accurate headline):

A Federal Circuit panel (Judges Lourie, Newman, and Reyna) has rejected a district court’s statement that Alice Corp. v. CLS Bank Int'l., was “an intervening change in the law” that would “exempt a potential application of issue preclusion.” However, after finding that patent-eligibility was not previously litigated, the court held that issue preclusion did not prevent a determination that claims directed to “’auto-verification’ of a voter’s ballot” are patent-ineligible under 35 U.S.C. €§ 101. Voter Verified, Inc. v. Election Systems and Software, LLC., No. 2017-1930 (Fed. Cir. April 20, 2018) (precedential).


Notice the highlight which Watchtroll conveniently omitted (also from the headline). This is not accidental. Watchtroll just wanted a dramatic and misleading headline like "Federal Circuit rules Alice did not alter the law governing 101" (without completing this sentence somehow this should be regarded as highly misleading). Compare a headline like "US rules out war on Iraq" to "US rules out war on Iraq using nuclear weapons to strike key targets" (clearly not the same thing).

If patent extremists like Watchtroll wish to know why they're widely ridiculed (in circles we know and speak to at least), it's stuff such as this. Not to mention Watchtroll's judge-bashing antics...

Judge Reyna



Speaking of judge-bashing, after Dennis Crouch's mockery of Judge Reyna (CAFC) we're seeing some more polite posts. The other day he said that a "district court dismissed the [patent] case with prejudice for failure to state a claim upon which relief can be granted," then explaining Judge Reyna’s decision in some more details:

Disc Disease’s asserted patents relate to an inflatable air-brace for spinal support. U.S. Patent Nos. 8,012,113 and 7,618,509. The accused infringer sells three different inflatable spinal braces. However, after considering the complaint filed by Disc Disease, the district court dismissed the case with prejudice for failure to state a claim upon which relief can be granted (R.12(b)(6)). In the process, the district court rejected Disc Disease’s request to file a first amended complaint.

[...]

Judge Reyna’s [CAFC] decision here decides the case at hand, but does not provide substantial guide-posts beyond the general rule – Provide Fair Notice. What we do know is that in a simple case it will be sufficient to simply identify (1) the patents being asserted and (2) the products being accused.


Days later Dennis Crouch also recalled what Benjamin Henrion calls the "universities-as-trolls-act," namely Bayh-Dole. He has reasons to believe that a “quarantine” is in order:

National Institute of Standards and Technology (NIST) (a branch of the Department of Commerce) has announced a new initiative to “improve federal technology transfer” along with a Request for Information (RFI) published in the Federal Register.

[...]

Looming large in the background of current Federal Policy is the the Bayh-Dole Act that allows universities and companies to privately patent the results of federally funded research. In two-years, Bayh-Dole will have its 40th Anniversary — thus the “quarantine” title.


Bayh-Dole has contributed a great deal to patent trolling in the United States. It's nothing to be celebrated, only to be mocked. It's an injustice when public money is misused for private gain and we wrote about Bayh-Dole many times over the years, e.g. in [1, 2, 3, 4, 5]. Recall the paper below. ⬆

Bayh-Dole
Full paper [PDF]

Recent Techrights' Posts

Slop is "just a hobby, won't be big and professional like GNU."
What Torvalds says about "hey hi" ("AI") does not prove he is in charge
 
Gemini Links 18/10/2026: Hobbies, RAM Prices, and Avoiding GAFAM
Links for the day
Intercontinental Brigading - Part VII - Weekend Abuse Reported to British Police (Rogue Actors Take No Breaks)
Some time in the next few days I'll share an elaborate report
Gemini Links 18/10/2026: Hospitals, Literature, Fixed IP Addresses, and Sunday Types
Links for the day
Links 18/10/2026: Brazil Reduces Deforestation, Some 4-5 Gray's Inn Square Scandals in Insolvency Petition of Reform UK
Links for the day
UbuntuBuzz is LLM Slop
Tragic
"Assisted by NSA" and "It's Just a Tool" (So Fine!)
Free software is meant to be produced by people who value and pursue Software Freedom
Gemini Links 18/10/2026: Movies, Greenland, and Detectors of Slop Plagiarism
Links for the day
Links 18/10/2026: TikTok Censors Criticism of MElon, "Trump’s Latest Attempt to Be the King", and "Big Tech Oligarchs Have a Terrible Plan for Humanity"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 17, 2026
IRC logs for Saturday, October 17, 2026
Gemini Links 17/10/2026: Big Glowing Advertising Screens, Busy October, and Art
Links for the day
The First Casualty: The Reputation of Linux Developers (and of Linux)
The last thing you can take from a person is pride
Links 17/10/2026: Europe Divorcing US President Putin (Kompromat), MElon and Kapo-berg ("Meta") Buying US Elections Again
Links for the day
GAFAM LLMs Seem to be Causing Veteran, Experienced Linux Developers to Quit, Only to be Replaced With GAFAM Bots and Unaudited Slopfest 'Code'
Better than 'pulling a SCO'?
30 Years of KDE and "Project Banana"
KDE recently turned 30 (many blog posts about it this past week)
Intercontinental Brigading - Part VI - Racism Against Blacks
Systems don't always work as intended
Inevitable Things
"Bitbucket was Inevitable"
Andy's Passing Thoughts on Media Dying, Not Reporting News (Even Critical News About Itself)
No more news
Stallman Was Right About Torvalds
The crowd/audience Linus Torvalds panders to is paid by GAFAM to go attend and dominate (speak at) LF events. They're people whose employer forces them to use slop, it's inorganic.
Links 17/10/2026: "Why Math Dumped OpenAI", US Third Circuit Has Confirmed LLMs and Other Slop Constitute Plagiarism or Copyright Infringement
Links for the day
GPL Was Right (About Hoarding, Now Automated With Plagiarism Blenders)
Some time next year the UK's High Court might listen to arguments related to this
Microsoft Allegedly Asks Many Workers to Leave at the End of This Year (or Get the Boot), It's Called Voluntary Exit Program a.k.a. Voluntary Early Retirement Program (or VEP) Even for People Far Too Young to Retire
"Everyone at Microsoft knows what those acronyms mean."
The Torvalds-led Slopfest as a Reminder to Pursue Software Freedom, Not Plagiarism Endorsed (for Money) by 'Linux' Foundation
What's happening this month moreover proves that he is not in control of important decisions in his project
Why We Never Got Back to IPFS
Practically speaking, we could get back to IPFS any time
Trillions of Dollars in Debt Are Not "Investment", More People Realise This Now
"Investors started offloading shares on Wednesday in response to an X post about the debt load of CoreWeave Inc..."
Red Hat Silent Layoffs: October 1 Bluewashing, Then Leaving IBM Altogether
It's said that weeks from now there will be another "round" (of "RAs")
Gemini Links 16/10/2026: Metrovision, Smartwatches, and Rekindled Love for Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 16, 2026
IRC logs for Friday, October 16, 2026
Intercontinental Brigading - Part V - Keeping Linux Under Users' Control, Not Microsoft's (NSA) Control, Leads to Weaponisation of Cops (Killing the Messengers)
Transatlantic lawfare
TeamBlind Accused of Censorship, Maybe Surveillance in the Future
It's expensive to protect whistleblowers and to resist censorship of what whistleblowers try to expose
Another Friday 'Litter' of IBM Workers, Discarded and Sometimes Replaced to Cut Costs
The little that IBM earns is spent buying companies to pretend there's "growth" and headcount stability
Gemini Links 16/10/2026: Carrie, Games, and Slop
Links for the day
Links 16/10/2026: Election Interference by Slop; White House Backs Russia, Not Ukraine
Links for the day
The Register MS Has New 'Article' That Has "AI" 20 Times. "SPONSORED POST" As Usual.
At the end, both the media and the pyramid scheme will collapse
UK's Competition and Markets Authority (CMA) Says Microsoft is Still Abusive
Today, ahead of the latest fake 'results' [...] Microsoft cheats the system everywhere it can
Links 16/10/2026: "Data Centers Are Driving Conservative Rural Voters to The Democratic Party En Masse" and Slop Bros Bribe Candidates "for Congress"
Links for the day
Deplatforming People You Disagree With Is a Losing Strategy
Trying to deplatform people you don't agree with is oppressive and petty
Microsoft Cannot Pay Salaries
Microsoft is deep in debt
IBM "support that is USA based will migrate over 4 years to Indian based just because it lowers costs substantially."
IBM is not capable of growing, so it tries to find ways to shave off costs
Gemini Links 16/10/2026: Publishing and Licensing, Going to Movies, and Nature/Seasons Change
Links for the day
Microsoft's OSI Calling Slop "Open Source AI" (Microsoft Paid OSI to Do This) Has Helped Associate "Open Source" With Pedophilia
Microsoft deflecting?
Fridges Do Not Need an Internet Connection
Keep it simple, stupid (KISS)
Wikileaks Still Matters
The world needs more sites like these
'Cocaine King' Campinos Should 'Get the Message', Pack Up His Things and Go Already
His staff is constantly on strike and engaged in various industrial actions
We Don't Do Slop
People tend to appreciate genuine work, not fakes
On Lying With Confidence
LLMs are hype
Market Share of Windows in the United Kingdom is Shockingly Low
Microsoft's losses are very profound
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 15, 2026
IRC logs for Thursday, October 15, 2026
Microsoft Can Barely Afford to Colonise Africa Any Longer (Too Much Debt)
"Before the announcement, former Microsoft employees publicly described staff being placed on performance improvement plans or offered “voluntary” exits."
Intercontinental Brigading - Part IV - Harassment Registered With the Police Before Projection Attempts Made From America
The thing one gets subjected to for opposing back doors in Linux
Gemini Links 16/10/2026: Dogs, Slop, and Blogging
Links for the day