Bonum Certa Men Certa

American Patent Courts Keep Narrowing Patent Scope, No Matter What Few Politicians Are Doing on Behalf of Litigation Firms and Patent Trolls

Ray Niro dies
Reference: Death of the father of patent trolling, Ray Niro



Summary: Acts of desperation in the patent microcosm of the United States, where judges now overwhelmingly reject software patents at all levels (tribunals, lower courts, higher courts)

AT THE TURN/START of the year we said we would focus on the European Patent Office (EPO), even at the expense of USPTO and American patent cases (especially the latter). But every now and then we see something important enough in the US and it is worth noting.



"The talk about Congressional intervention isn't particularly new. Coons, for example, has been trying and failing for years. He's trying again."35 U.S.C. €§ 101 is not going away. USPTO management may try to ignore it, but SCOTUS isn't doing anything to change it. Earlier this week we saw additional appeals from Watchtroll to compel SCOTUS to revisit the matter, but it's just not happening. In the meantime or meanwhile the Federal Circuit rejects Iancu's notorious guidance and inter partes reviews (IPRs), not ex, carry on as usual.

Yesterday we noticed that Steve Brachmann from Watchtroll demonises the Patent Trial and Appeal Board (PTAB) by going after “big tech” (the site hates technology, but it loves lawsuits over technology). It's the second time this week; he's just following up his boss. Months ago he attacked Zoe Lofgren for her pro-science/technology stance. This is how desperate these people have become. They attack judges, they attack politicians who aren't in the pockets of law firms, and somehow they expect to be taken seriously? We've also just noticed some of them citing Koch-funded 'research' on patents. They try anything they can to weaken €§ 101, but it's not getting anywhere. In fact, they're losing even more.

We're already seeing these patent maximalists irked by the fact that the Federal Circuit now (belatedly) views GUI patents as abstract and thus bogus, fake, invalid -- a reversal of this court's position from about a year ago (we wrote quite a lot about it back then). We've included links about that in our daily links (Patently-O, Watchtroll and others). The gist of it is that courts only get tougher, not more lenient, and technology companies step in to defend the courts/caselaw. Based on this tweet, the majority of patent lawsuits still get filed by patent trolls, so any pretense that innovation is at stake should be laughed off. The patent maximalists told us that their 'religion' would encourage innovation, but these days -- even after reforms -- these systems mostly embolden those whose career involves blackmail and extortion with software patents.

The talk about Congressional intervention isn't particularly new. Coons, for example, has been trying and failing for years. He's trying again. This time too he will fail. It already loses momentum because nobody talks about it this week, except the EFF's Alex Moss, who has just published "The Tillis-Coons patent bill will be a disaster for innovation" (we've mentioned it several times recently).

To quote:

In recent years, we’ve made major progress getting courts to give full effect to Section 101 of the U.S. Patent Act. That’s the section that defines, and limits, what can get a patent. Section 101 is critical in making sure that only inventions—technological advances attributable to human efforts—can be patented.

Now, key Senators are looking to undo all of that progress and drive the patent system into uncharted territory. Senators Tillis (R-NC) and Coons (D-DE) are pushing ahead with a proposal that will upend more than a century of case law and make the patent system far worse for small innovators and ordinary consumers in the software and health care industries.

Who will benefit most from the proposal? Companies that make money from aggressively licensing and litigating patents, especially in the fast-growing fields of artificial intelligence and medical diagnostics. And, of course, the patent lawyers and law firms who make money representing them.

Not to mention, patent trolls. With Section 101 broken, defendants will have lost a powerful tool for fighting bad patents. Most of the small businesses we profiled in our “Saved by Alice” project would have likely been pushed toward lengthy and expensive trials, rather than fast and fair resolutions, in order to defend against false infringement charges.



We find it extremely unlikely that this will get anywhere (just like the UPC, which maximalists said was "imminent" every year for about half a decade). And besides, it's not a matter for Congress to decide on. It's the courts' job to interpret law.

Recent Techrights' Posts

Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
 
Sometimes Newer is Worse
We generally need to reject this dumb notion that "old" means bad
The Code Used to Make Techrights Fits on a Seventh of a Floppy Disk (or 100KB When Compressed)
For the sake of comparison I've just downloaded the latest version of WordPress. The ZIP file is 27.2MB in size, or ~27,200KB.
What They Tell Young Programmers
Coding in 2025
Simpler is Better When Simple is Enough
Over-complicating things to "sell" new versions is so 1990s
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day