Bonum Certa Men Certa

Alice Continues to Eliminate Software Patents in the United States and Even Microsoft Beats Some

Summary: An overview of some very recent cases involving software patents and situations in which the US Supreme Court's stance helps squash them

THE US Supreme Court's ruling on Alice is the best thing that ever happened regarding software patents as far as Techrights is concerned. It helped stop software patents (or significantly slow them down). The 2014 ruling exceeded our expectations in the sense that its breadth touched CAFC as well (CAFC is where software patents were originally 'born'). Every week we learn of new cases in which Alice helps crush software patents, sending a warning sign to anyone who considers patenting software or wants to sue a company using software patents.



"I think the Supreme Court is going to be pretty sick of Apple by the end of this year," wrote this person the other day. "Apple v Samsung also may be heard by the justices," based on this update from SCOTUS blog. Apple apparently cannot effectively compete without suing companies using software patents and design patents, which typically resemble software patents. According to this, "Samsung v. Apple appeal to the Supreme Court: petition & response are now available."

Patently-O, a reasonably reliable source of information on these matters, has just published a useful list of SCOTUS cases regarding patents. Will SCOTUS set even a stronger precedence regarding software patents?

According to this update, "US Pat 7,072,849, Network Comm Patent Survived Alice Attack in DE" (one of the few cases where Alice does not work in eliminating software patents). Contrariwise, according to lawyers' media (published a few days ago), "The Supreme Court’s Decision in Alice Corp. v. CLS Bank Has Taken a Heavy Toll on Patents for Computer-Related Inventions" (even patent lawyers admit the undeniable impact on software patents). To quote the opening paragraph: "The patent statue broadly defines patent-eligible subject matter as “any new and useful process, machine, manufacture, or composition of matter” and any improvements. But inventors cannot patent laws of nature, natural phenomena, or abstract ideas. The prohibition on patenting abstract ideas has caused federal courts to declare hundreds of patents for computer-related inventions invalid since the Supreme Court’s June 2014 decision in Alice Corp. v. CLS Bank. After Alice, about 70% of challenges for failure to claim patent-eligible subject matter have succeeded."

The key part is in that last sentence. We saw even worse estimates, e.g. with over 90% courtesy of Bilski Blog. John R. Harris, a patent lawyer, noted that: "Other law firm agrees that Alice decision taken heavy toll on patents for computer-related technologies" (more specifically, software patents).

The other day another lawyers' site wrote: "The patent attorney often faces the problem that broad claims for a class can be rejected when prior art surfaces for one of the members of the class. One strategy is to exclude those members of the class found in the prior art, and to claim the rest of the class."

Notice how patent lawyers basically tend to work, always looking for loopholes when applying for patents and suing. Here are the patent maximalists that the EPO funds saying (just a few days ago): "Two years ago the Supreme Court opened the floodgates for attacks on computer-implemented inventions in Alice Corp Pty, Ltd v CLS Bank International. The Supreme Court set out a "two-step framework" for determining whether patents are claiming laws of nature, natural phenomena or abstract ideas, as opposed to patent-eligible applications of those concepts. Under the first step, courts must determine whether the claims at issue are directed to a patent ineligible concept, such as an abstract idea. If so, the courts must look for an "inventive concept" – that is, an element or combination of elements sufficient to ensure the patent amounts to significantly more than the abstract idea or ineligible concept itself.

"Mortgage Grader joins the post-Alice wave of cases invalidating computer-implemented inventions in various forms. The court agreed that the claims were directed to the abstract idea of "anonymous loan shopping", and that the claims as a whole recited nothing more than the collection of information to generate a "credit grading" and facilitate anonymous loan shopping. In particular, the court noted that the series of steps covered by the asserted claims could all be performed by humans without a computer."

The noteworthy thing right here is that a lot of the worst maximalists out there have come to grips with the fact that Alice is a game changer. There's no point denying that as anyone who does deny it simply discredits himself or herself. To IP Watchdog's credit, it did foresee the impact of Alice early on (shortly after SCOTUS had published the ruling), despite dissent from fellow patent maximalists. It wasn't long afterwards that even the Court of Appeals for the Federal Circuit (CAFC) reinforced the precedence set by SCOTUS and software patents dropped like flies.

Speaking of CAFC, Secure Web has just lost to Microsoft, as this new post written by patent lawyer indicated the other day. It's a win for Microsoft, but a loss for software patents, which Microsoft so heavily relies on. It turns out, based on this article, that the two software patents were aimed at Microsoft's worse spyware (in some regards Skype is the worst). To quote WIPR: "Microsoft’s Skype computer program did not infringe two patents related to data encryption, the US Court of Appeals for the Federal Circuit has ruled.

"Yesterday, February 17, the federal circuit said the US District Court for the Eastern District of Texas correctly constructed the claims in two patents asserted by technology company Secure Web Conference."

In a sense, for a change, we are happy that Microsoft won this court case as it serves to show that software patents are a dying thing, or a bubble that's busting, even in the Eastern District of Texas, patent trolls' capital.

Recent Techrights' Posts

Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
 
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day
Site Archives (Not WordPress)
We've finally finished the work
[Meme] The EPO Delusion
on New Ways of Working
EPO Representatives Outline Latest Attacks on Staff
Not much has happened recently in terms of industrial action
Links 18/05/2024: Revisiting the Harms of Patent Trolls, Google Tries to Bypass (or Plagiarise) Sites Under the Guise of "AI"
Links for the day
Links 18/05/2024: BASIC Story, Site Feeds, and New in Geminispace
Links for the day
GNU/Linux in Kyrgyzstan: From 0.5% to 5% in Eight Years
the country is almost the size of the UK
Justice for Victims of Online Abuse
The claims asserted or pushed forth by the harasser are categorically denied
[Meme] Senior Software Engineer for Windows
This is becoming like another Novell
Links 18/05/2024: Deterioration of the Net, North Korean IT Workers in the US
Links for the day
Windows in Lebanon: Down to 12%?
latest from statCounter
[Video] 'Late Stage Capitalism': Microsoft as an Elaborate Ponzi Scheme (Faking 'Demand' While Portraying the Fraud as an Act of Generosity and Demanding Bailouts)
Being able to express or explain the facts isn't easy because of the buzzwords
Links 18/05/2024: Caledonia Emergency Powers, "UK Prosecutor's Office Went Too Far in the Assange Case"
Links for the day
Microsoft ("a Dying Megacorporation that Does Not Create") and IBM: An Era of Dying Giants With Leadership Deficits and Corporate Bailouts (Subsidies From Taxpayers)
Microsoft seems to be resorting to lots of bribes and chasing of bailouts (i.e. money from taxpayers worldwide)
US Patent and Trademark Office Sends Out a Warning to People Who Do Not Use Microsoft's Proprietary Formats
They're punishing people who wish to use open formats
Links 18/05/2024: Fury in Microsoft Over Studio Shutdowns, More Gaming Layoffs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 17, 2024
IRC logs for Friday, May 17, 2024
Links 18/05/2024: KOReader, Benben v0.5.0 Progress Update, and More
Links for the day