Bonum Certa Men Certa

US Supreme Court Poised to Limit Patent Scope Even Further and Hamper Trolls-Friendly Courts

Progress being made... (and the infamous patent on the progress bar would be a thing of the past)

Progress bar



Summary: The steps taken by US Justices, who view patents from a compassionate point of view rather than a maximalist perspective, undo decades of a patent gold rush

THE USPTO became "Great Again" under the latter Obama years (maybe the past three years). "Key Patent Law Decisions Of 2016", a new article from the patent lawyers' platform, recalls that "[t]he U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit wrestled with a number of important issues of patent law in 2016, including in three Supreme Court opinions (with more on the way) and three en banc Federal Circuit opinions. The issues in these cases were diverse and wide-ranging, including administrative review of patents in the U.S. Patent and Trademark Office ("PTO") and the International Trade Commission ("ITC"), recognition of a new patent agent privilege, and the Supreme Court's first design patent decision in more than a century."



"The patent microcosm is still moaning about decisions that are years behind; it wants a resurgence of patent maximalism, i.e. the misguided belief that the more patents we have, the better off the economy will be (not just their own bottom line)."We have covered most of these and pointed out that SCOTUS limited patent scope in 2016, just as it had done in 2015 and 2014 (Alice, Mayo and so on). This is fantastic news to patent reformers and we hope that reformist policies will persist under Trump. Posted behind paywall yesterday was the article "The Supreme Court's Impact on Patentable Subject Matter". The patent microcosm is still moaning about decisions that are years behind; it wants a resurgence of patent maximalism, i.e. the misguided belief that the more patents we have, the better off the economy will be (not just their own bottom line).

The EFF, which has been habitually attacked by the patent microcosm (Watchtroll called it “a leftist anti-patent activist coalition” [1, 2]), has just released a statement titled "EFF To Patent Office: Supreme Court Limits On Abstract Patents Are a Good Thing"; it's a powerful statement which cites Alice -- a decision which is now killing software patents. To quote:

"EFF has submitted comments to the Patent Office urging it not to support efforts to undermine the Supreme Court’s recent decision in Alice v. CLS Bank. The Patent Office had called for public submissions regarding whether “legislative changes are desirable” in response to recent court decisions, including Alice. We explain that, far from harming the software industry, Alice has helped it thrive.

"Every software engineer, system administrator etc. that I speak to absolutely loves Alice. It was belated (by decades) justice to the software profession and it gives many software companies peace of mind.""When the Supreme Court issued its ruling in Alice, it was a shock to a patent system that had been churning out software patents by the tens of thousands every year. Back in the 1990s, the Federal Circuit had opened the software patent floodgate with its ruling in State Street and In re Alappat. That decision held that any general purpose computer could be eligible for a patent so long as it is programmed to perform a particular function. In Alice, the Supreme Court substantially moderated that holding by ruling that a generic computer is not eligible for a patent simply because it is programed to implement an abstract idea.

"Courts have applied Alice to throw out many of the worst software patents. Alice is particularly valuable because, in some cases, courts have applied it early in litigation thereby preventing patent trolls from using the high expense of litigation to pressure defendants into settlements. While we think that the Federal Circuit could do more to diligently apply Alice, it has at least been a step forward."

Every software engineer, system administrator etc. that I speak to absolutely loves Alice. It was belated (by decades) justice to the software profession and it gives many software companies peace of mind. I personally know some people whose employer/customers got attacked by patent trolls and suffered severely as a result. These patent trolls, as usual, relied on software patents.

Speaking of patent trolls, are they about to lose it all? SCOTUS intends to look into their breeding ground, as Above the Law noted this week, under the title "Leaving The Heartland?"

To quote:

By accepting the case, the Supreme Court has already indicated it is willing to consider the question of whether the Federal Circuit has taken too expansive a view of venue in patent cases. If the Supreme Court decides that restrictive language in the patent venue statute controls, then patent cases will be permitted only in districts where either the defendant is incorporated or has a physical place of business. Since relatively few regular patent defendants meet either criteria in the EDTX, the thought is that the EDTX’s patent litigation well will quickly dry up. Which may be a boon to technology companies located on either coast, many of which would not miss the EDTX one iota. At the same time, the robust infrastructure that has arisen to support patent litigation in the EDTX would be adversely affected, likely to the economic detriment of the region.


Trump will likely nominate if not appoint a Scalia replacement. If all the rest of the Justices keep their seats, then we expect (as do others, including scholars) the Supreme Court to deal a mortal blow to patent trolls

Promising times ahead.

Recent Techrights' Posts

[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
 
Improving Site Navigation for Easier Discovery and Catch-ups
This site is run by code we wrote ourselves
LibrePlanet 2024 Recordings
Let's hope independent recordings by viewers can help recovery of "lost talks" (recordings)
GNU/Linux Reaches 11% Market Share in the United States Of America - an All-Time High
The United States Of America is where the operating system started (Boston) and where Linus Torvalds works (Portland)
Links 11/05/2024: XBox Crisis, Spotify Exodus Continues
Links for the day
Gemini Links 11/05/2024: Why to Delete GitHub
Links for the day
In Europe, Bing Fell Every Month This Year, Lost a Considerable Share Since "Bing Chat" and All the Chatbot Hype
Microsoft's Bing has had many layoffs lately
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day