Bonum Certa Men Certa

Software Patent Trolls Are Dropping Like Flies in the United States

Flies



Summary: Colossal losses for patent trolls, who increasingly face challenges for a plethora of reasons including venue, competitive aspects, and 35 U.S.C. €§ 101 (Section 101)

THE US Supreme Court (SCOTUS) has deterred and repelled patent trolls. Nobody would deny that, not even the trolls themselves. The SCOTUS Justices even used the term "patent trolls" (which surprised some observers), so they're well aware of this problem.



"The SCOTUS Justices even used the term "patent trolls" (which surprised some observers), so they're well aware of this problem."Of most interest to us there's 35 U.S.C. €§ 101 (Section 101), notably the Alice case. Lots of EPO-granted software patents (EPs) are nowadays disguised as "AI" or similar terms. The EPO promotes this. The EPO has done that almost every weekday since António Campinos took over. The same thing is happening in the US. Sometimes they say "ML" instead of "AI". I personally wrote ML code and technical reports a great deal before, since a decade and a half ago, so I'm fairly familiar with the underlying concepts. Those are statistics and maths, i.e. they're all abstract and invalid as per Section 101/Alice . Yesterday an article was published under the headline "What the ML Patent Application Boom Means for Tech". It's tempting to say say that it means bad patents, which are hard if not impossible to enforce in courts, are being pursued. From the article:

There has been a surge in applications of machine learning over the last few years as companies look for ways to leverage big data in their products and services. That has corresponded with a big increase in another type of machine learning application – i.e. those sent to the United States Patent and Trademark Office for protection. But the ramifications of the machine learning-patent uptick are not yet clear.

Statistical and anecdotal evidence suggests we’re in the midst of major upswing in patent protection requests for machine learning inventions. While hard numbers can be tough to come by due to intricacies of the USPTO process (and the fact that it will conceal applications upon request), several researchers have identified what they see as a surge in interest in protecting machine learning products over the past several years.


They're just trying to build/assemble a patent thicket around "AI" or "ML" or whetever, irrespective of the value or validity of the pertinent patents.

"They're just trying to build/assemble a patent thicket around "AI" or "ML" or whetever, irrespective of the value or validity of the pertinent patents."Abstract -- as per Alice/Section 101 -- patents should not be granted. Apple's very latest bunk software patents show USPTO examiners asleep at the wheel again. It's more of that "AI" nonsense.

But in better news regarding Apple, there's something about Wireless Licensing SARL, which is part of Conversant (formerly MOSAID). The case was covered in this relatively new post of ours as well as by Jan Wolfe, who wrote in Reuters about it:

A federal appeals court on Thursday took a step toward throwing out a $7.3 million patent infringement verdict a licensing company won against Apple Inc, saying the iPhone maker did not infringe one of the two wireless technology patents at issue in the case.

The U.S. Court of Appeals for the Federal Circuit reversed a finding by a California jury in favor of patent holder Core Wireless Licensing SARL. The appeals court did not disturb the jury’s finding that Apple infringed a different Core Wireless patent but asked the lower court to reconsider its enforceability, opening the door for Apple to nix the verdict entirely.


This is going to have far-reaching ramifications because the troll has targeted many companies, including Linux vendors. Apple is just one of the more 'lucrative' targets (more in potential 'damages').

"It's more of that "AI" nonsense."Consider Apple's history with a troll known as Mirror Worlds. We wrote about that before, e.g. in [1, 2, 3] and this troll was also covered here shortly after the decision last week. "Facebook still wasting money on defending itself over software patents," Benjamin Henrion wrote about this report. But Facebook does patent bullying of its own. It makes Facebook part of the problem, its much-appreciated support for the Patent Trial and Appeal Board (PTAB) notwithstanding. To quote:

Facebook has prevailed in a suit over its iconic news feed and claims it ripped off the idea from a patent troll.

Judge John Koetl granted Summary Judgement [PDF] to House Zuck, approving its motion to dismiss an allegation that the Facebook timeline violated Mirror Worlds' purchased patents on the organization of messages and news items.


Well, that timeline is software-based (arguably "AI") and such patents aren't valid anymore, especially after Alice (Apple didn't enjoy the full benefit of it).

"This is going to have far-reaching ramifications because the troll has targeted many companies, including Linux vendors."We are probably going to see a lot more cases like these in the news. Those are all software patents (very easy to spot based on a succinct description) and it seems like none can endure a court as high as the Federal Circuit.

Recent Techrights' Posts

The Free Software Foundation (FSF) Has Un-cancelled the Best People, Just in Time for the Big 4-0
Mr. Oliva should have been there all along (since 2019)
Most "Modern" Technology Makes You Slower and Dumber
Because proprietary software makes you worse off
"What Comes After Free Software?" Wrongly Insinuates We've Reached the Goal (Prison is Not the Goal)
The oil tycoons use similar tactics against environmentalists, giving them fake "wins"
Making More Work Space
I learned the hard way that less is more in circumstances where more means distraction
MAHA is a Lie, Public Officials Never Valued Citizens' Health (They Still Value Private Businesses, Their Sponsors)
Reject demagogues
New Techrights Turns 2
Today starts the third year of the SSG-based Techrights
What Scares Them the Most is Independent News Sites That They Cannot Control and Censor
Wikileaks was a good example of this
If You Don't Control Your Online Platform, Then Someone Else is Controlling You
be (or become) independent
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
Links 22/09/2025: Murdochs Might Join Fentanylware (TikTok) 'Investors' (Masters), United Kingdom Recognises Palestinian Statehood
Links for the day
 
The Complaint About Brett Wilson LLP - Part II - UK SLAPPs for Americans, SLAPPs for Profit
Brett Wilson LLP has a track record of this kind
Mayday: Optus emergency calling crisis
Reprinted with permission from Daniel Pocock
Links 23/09/2025: Massive Data Breach, Slop Versus Productivity, and Vista 11 Update Breaks Things Again
Links for the day
Code of Censorship
Extortion is peace
Free Software Foundation (FSF) Has a New Press Kit for the Weekend After Next Weekend (40th Anniversary)
miles better than social [sic] media [sic] quips, moderated by narcissists and oil tycoons.
Microsoft Had Two Waves of Mass Layoffs This Month (That We Know of) and It'll Get Worse for Microsoft Soon
Will the axe fall again by month's end?
Gemini Links 23/09/2025: Happy Equinox, Photronic Arts, and Perception Cognition
Links for the day
Lessons We've Learned After 17 Years of American Hosting
GAFAM is "all-in" with the "Trump agenda"
Back to Normal Now, We Plan to Do More In-Depth Series (or Multi-part Stories)
Articles (or series thereof) that contain philosophy are important to us
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 22, 2025
IRC logs for Monday, September 22, 2025
Microsoft Media is Panicking Amid Mass Layoffs Every Month, H-1B Fees, and "Seattle’s Tech Scene in Trouble"
In "late stage Microsoft", copyleft becomes proprietary
The Next Wave of IBM/Red Hat Layoffs Being Discussed Already
Red Hat is sort of disappearing the way Tivoli did
Oracle Started This Year With Slop. Then It Stopped.
Passing fads are like this
Distros That Run on PCs Made 20 Years Ago and Don't Use Systemd
Betas for now
The Complaint About Brett Wilson LLP - Part I - Abusing British Women on Behalf of American Men Who Abuse American Women
Transparency is important to us, so we've decided to make this series
Slopwatch: Google News and the Evident Slopfarm Infestation
This is what people get about Linux when they query Google for Linux
Gemini Links 22/09/2025: Esperanto Music History and Apps For Android
Links for the day
Links 22/09/2025: More American 'Censorship' (Retaliation for Journalism), Cheeto "Might Be Losing His Race Against Time"
Links for the day
The Blob Slop
Give me more words, give me some text
The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025