Bonum Certa Men Certa

The Demise of Software Patents in Patent Courts Worldwide Would Mean Much-Needed Staff Cuts in Litigation Giants

The demise of the UPC means that courts will remain software patents-hostile

Tilman Müller-Stoy
Image source



Summary: The European Patent Office and the American Patent and Trademark Office aren't managing to subject the courts to patent maximalists' demands (shown above it's Tilman Müller-Stoy from Team UPC); this means that, irrespective of whether they grant fake patents or not, such patent wouldn't get very far in legal proceedings

TECHRIGHTS has long opposed software patents in Europe (for well over a decade) and spent years promoting 35 U.S.C. €§ 101 in the US. What once seemed unaccomplishable in the US is nowadays a reality. It's just a shame that the EPO nowadays promotes software patents, thanks in part to António Campinos.



We mentioned Jonathan Rosenberg's article on Thanksgiving Day, as did some sites across the Web, e.g. this high-profile hardware site the following day, summarising: "Jonathan Rosenberg is the VP/CTO Collaboration at Cisco, SIP lead author, and a VoIP industry pioneer. He has written a blog post about the vagueness of software patents and how this has created the modern day patent troll. Patent trolls are companies that don't make a product but collect patents with the intent of using the vagueness of the descriptive language contained in the patent to "creatively" apply them to as many products as they can."

SoylentNews has just mentioned this too (earlier today). Readers told us about it.

Rosenberg himself has his name on a lot of patents (almost 100 at the USPTO), but he's not enthusiastic about it and he's in fact quite dismissive of their merit/s. we encourage sites/people/groups to spread his article widely; this can help sway public opinion.

On the other hand, Watchtroll now promotes the illusion that some ideas are "patents" and are thus "inventions"; it is a typical law firms' lie. "Moving from Idea to Patent: When Do You Have an Invention?" says the headline. As we shall show tomorrow, Watchtroll has gotten so desperate that it's attacking courts/tribunals again. These people have totally lost their minds; next they might lose their job, too. Their job depends on a lot of frivolous patent litigation; once that stops they run out of 'business' and have to get a real (productive) job.

Speaking of frivolous patent litigation, how about Tinder v Bumble? It's a laughable dispute. These are obviously fake patents that are software patents and the courts should throw these out to avoid further time-wasting. The following new article describes an abstract patent on workflow, not design per se. Why did they think Sarah Burstein was the suitable person to remark on it? She focuses on design patents (like shapes of devices), which is another thing altogether. To quote some passages:

Tinder and Bumble are sparring over the right to swipe with lawsuits on both sides claiming the other is in the wrong. Tinder’s parent company, Match, filed a lawsuit against Bumble last March on the grounds that Bumble stole their intellectual property. According to Bumble’s lawsuit, Tinder’s claim is false and designed to drive down Bumble’s worth and investment market.

Match claims that there are plenty of grounds for them to sue Bumble. The two popular dating apps are very similar by design, especially in early versions. At their core, they both show a person’s photo and a short description, and then allow the user to swipe right or left to like or dislike them, respectively. The main difference is that Bumble requires women to message first while anyone can initiate contact on Tinder.

According to Sarah Burstein, a professor at the University of Oklahoma College who focuses her research on design patents, Match has accused Bumble of nearly every type of intellectual property infringement the law allows. Match submitted a patent application for their double opt-in, swipe left/swipe right system over five years ago, about seven months before Bumble founder Whitney Wolfe left Tinder to launch the rival app.


Only the lawyers will win, as usual (legal bills, bickering over nonsense); we expect this lawsuit to go nowhere, but it will last a while... long enough for lawyers to pocket a lot of money from misguided legal action (which no doubt they encouraged/incited for).

Steph the "Troll Tracker" is back for Thanksgiving (after years of relative if not complete silence) and she writes about Honeywell, Intellectual Ventures, IP Nav, and Nest in light of more litigation:

This thing is awesome and would look particularly fetching in my front entryway, replacing the circa 1998 Honeywell electronic thermostat that hangs there now. And therein lies the rub: Honeywell doesn’t like the new player on the block and so went after Nest for patent infringement. What did Nest do? Crawled right into the arms of Intellectual Ventures for some protection . This is not wholly dissimilar from what Ditto had to do, selling out to IP Nav to get 1-800-Contacts off their back.

Oh, the irony.

Maybe this is exactly what the trolls had in mind to begin with? First, you go after everyone and their dog for patent infringement, focusing in recent years on the young and weak like startups, and then when the problem has become so rampant in the industry, you offer a “solution” which is nothing more than protection from people like yourself.


Remember that Intellectual Ventures' lawyers in Europe are pushing hard for the UPC, more so than the European Patent Office (EPO) ever did. They probably worry that the UPC's downfall would mean a lot of job cuts in their profession. They wrongly assumed that the UPC(A) would get ratified, spurring lots of patent lawsuits across the entire continent. As long as national patent courts are in tact, their chances of winning are slim to none and they cannot sue EU-wide (except in many pertinent courts that do not tolerate abstract patents).

Recent Techrights' Posts

SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026
Gemini Links 14/08/2026: Slower Internet, Logging Off Made Easy, and Human Code
Links for the day
Links 14/08/2026: "Mystery of Dark Oxygen", People Despise Slop, and Backlash Grows Against Fake Currencies (Energy-Wasting Scam Like Slop)
Links for the day
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026