Bonum Certa Men Certa

The Court of Appeals for the Federal Circuit (CAFC) 'Disses' Iancu's Guidance on 35 U.S.C. ۤ 101, Sides With the Supreme Court (Alice) and Caselaw

Andrei Iancu dissed
35 U.S.C. €§ 101/Alice (SCOTUS) as seen by CAFC is, as expected, a ‘scary monster story’ to Donald Trump's man



Summary: The high court that decides on patents (CAFC) has just let it be known that it won't bother with Andrei Iancu's little stunt whose sole purpose is to facilitate granting of more fake patents, such as software patents (by circumventing ۤ 101)

THE U.S. Patent and Trademark Office (USPTO) under deplorable Andrei Iancu arrogantly chooses not to obey the Federal Circuit. Yes, it's similar to Battistelli at the EPO, but that's a separate matter (for our next post). Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) are besieged, but they carry on. Unified Patent has just announced the hiring of several more people, who certainly will deal with IPRs. IPRs are the law, they're protected by SCOTUS, and are an integral part of AIA.



"Kalis and others in the patent extremists' 'community' nowadays have a new strategy: claiming CAFC is 'fed up' with €§ 101."What's noteworthy is that, as Professor Lemley has just noted, 'Fed Cir makes clear that PTO guidelines on patent eligibility don't get any deference in court: "While we greatly respect the PTO’s expertise on all matters relating to patentability, including patent eligibility, we are not bound by its guidance."'

This is the source document [PDF] and the screenshot is included at the top.

This is especially worth noting because Janal Kalis, a vocal patent maximalist, has cherry-picked another bit to frame it differently. He's trying to claim that CAFC is dissenting against 35 U.S.C. ۤ 101, based on almost nothing (maybe a sentence from one judge). Kalis and others in the patent extremists' 'community' nowadays have a new strategy: claiming CAFC is 'fed up' with ۤ 101. This is hardly supported by any evidence, however, but rather an incident or two, maybe a few words in some text. Like Judge Moore's statement last year (about intervention at another, unspecified level, as we covered at the time).

"They cherry-picked a decision or two."What CAFC actually did say is rather damning; they tacitly note that Iancu is defying caselaw for the sake of software patents and patent trolls who use these for blackmail. We don't expect Iancu's stunt to really change anything; consider the fact that the vast majority comments the Office has received oppose his proposal. Meanwhile, Bill Abrams at Watchtroll says €§ 101 is wrong because he doesn't like it ("Request for Amici: Tell the Supreme Court to Clarify Section 101"). There's nothing to clarify, Alice already did just that. Mayo did too. But the patent microcosm is losing its mind and looking for reprieve. Another new Watchtroll blurb is not supported by evidence ("Recent Cases Show Federal Circuit Is Concerned About ‘Over Abstracting’ Rejections of Method/ Process Patents"). No, not really. They cherry-picked a decision or two. We still watch this stuff closely, we've put some recent case outcomes in our daily links, and what Watchtroll says isn't supported by evidence. They cherry-pick what suits them. Speaking of cherry-pickers, in our last daily links we included a short rebuttal to Anticipat, which shifted attention from IPRs to mere patent applications so as to frame things misleadingly -- the same thing Kalis does a lot. We're not really supposed to be covering US patent cases this year, but this one was particularly worth noting and there was a lot to debunk.

Recent Techrights' Posts

FSFE: Donate to Us to Co-Fund With Microsoft the Unpaid Underage Labour, YH4F
Latest from FSFE
Links 07/09/2024: China's Financial "Bond" to Africa and Attempts to Postpone Trump Criminal Cases
Links for the day
Why We Are Suing Matthew J. Garrett for Harassment and Why It's Important to Everybody in the Community
There's a limit to how much abuse to me and to my family I can tolerate for the act of merely reporting on corporate corruption
 
No, Mastodon is Not Growing, Social Control Media is Generally Waning
Our sister site pulled the plug on the whole thing over a year ago, seeing it was mostly a source of online abuse
A Loss for Fake Security, a Win for Net Autonomy
Crucifixion of domains has been ramping up this past week; it's a cautionary signal
Links 07/09/2024: UK Police Raid Journalist's Home, Epoch Times Setbacks, and Karma
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 06, 2024
IRC logs for Friday, September 06, 2024
linuxsecurity.com is Still Spamming the Web
This is not harmless to Linux and it definitely merits a shun
Gemini Links 07/09/2024: Freedom in Bareness, Reactions in Addictive Social Control Media
Links for the day
[Meme] Confused Michael
Teaser...
Links 06/09/2024: Censorship of Sites by US, Hype Around LLMs Noted
Links for the day
[Meme] Hijacking the Brands
"Linux? Ah, you mean Microsoft!"
Google: We Help Combat What We Are Guilty of
The search itself is a conflict of interest
Linux Foundation Technical Advisory Board Has Election, But Google is Already Guaranteed Over 33.3% of the Seats ('Reserved' for It)
It has too much power/influence and it looks like a stacked panel
[Video] Theodore Ts'o Says How He Brought Linux to the United States (MIT) and What Makes Linux Leadership Effective
Microsofters keep attacking him
Layoffs Are Healthy and Not Happening
Good news for a change?
[Meme] Trickle-Down Ponzi Scheme
Where does money actually come from?
Considering Microsoft's Totally Fake Finances It Too is at Risk of Being Delisted From the Dow Jones Industrial Average and Other Indexes (NASDAQ, S and P) in the Near Future
Microsoft and Apple both had many layoffs this year
Asking Ourselves What Topics to Strategically Focus on
A lot of the tech media - if not "mainstream" media too - is already covering the growth of GNU/Linux
Media Needs to Stop Asking If "AI" is Just Hype (It Is, It's Not a Question)
The media should stop asking if the "AI" thing is bubble about to pop
Lots of GNU/Linux Detected in Palau and Windows Falls to New All-Time Low (14%)
Windows is falling further
Gemini Links 06/09/2024: Degoogling, LLMs, and ROOPHLOCH
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 05, 2024
IRC logs for Thursday, September 05, 2024
Links 05/09/2024: Starlink to Block Twitter (X) in Brazil, Ukraine Government Shake-Up
Links for the day
Gemini Links 05/09/2024: Going Vegan and Internet Office Hours
Links for the day
GNU/Linux and ChromeOS Still Moving Up in Africa
Chromebooks (with ChromeOS) aren't big there, but "proper" GNU/Linux is a fast-growing force
Links 05/09/2024: Apple Misleads UK Regulators, Microsoft Tries to Ignore Backlash Against Windows Ingrained CCTV
Links for the day
ChromeOS+GNU+Linux in Sweden Now Hovering Around 20%
It seems like Chromebooks are doing well enough in Sweden to bring up GNU/Linux usage to about 20%
Gemini Links 05/09/2024: ROOPHLOC, Source-of-Truth Problem, and Arrival of Autumn
Links for the day
Terms of Service (TOS) Under Scrutiny - Part XIII - RealVNC and What It Does in Practice
Some of these companies have financial objectives and they view users' behaviour/data as an "asset" they can sell for profit; do you wish to becoming their "client"?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 04, 2024
IRC logs for Wednesday, September 04, 2024