Bonum Certa Men Certa

The Federal Circuit Continues Squashing Software Patents

The Court of Appeals for the Federal Circuit virtually overrides even a rare decision from last year -- one in which it tolerated a software patent

Sharon ProstSummary: Under the leadership of Sharon Prost (left) the Court of Appeals for the Federal Circuit (CAFC) continues its war on software patents, making it very hard to remember the last time it tolerated any

THE EPO is depressing, but at the USPTO we are currently seeing a lot of bad patents swept aside and eliminated by the courts.



The latest?

It's referring to Enfish v Microsoft again:

Federal Circuit finds mail patents invalid under Alice despite Enfish plea



The US Court of Appeals for the Federal Circuit has affirmed a district court decision that found seven patents belonging to patent licensing company Secured Mail Solutions (SMS) invalid under the Alice Corp v CLS Bank ruling.

This is despite SMS stating that the decision in Enfish v Microsoft—which adopted a more permissive approach to computer-related technology—meant its patents shouldn’t be invalidated.

The dispute began after a complaint was made by SMS, which was set up by former lawyer Todd Fitzsimmons “to pursue the using and licensing of his inventions”. SMS accused marketing company Universal Wilde of infringing seven patents relating to various systems and methods for mail verification.


So Enfish does not quite change much (if anything at all). In fact, on the same day as the above report -- a report about invalid patents -- the patent microcosm (PCK Perry + Currier Inc Currier + Kao LLP) suddenly recalls Enfish v Microsoft. To quote:

This rare decision bucks the current US trend of invalidating software patents as mere abstract theorems as started by the decision in Alice Corp Pty Ltd v. CLS Bank Int’l, 573 U.S. __ (2014) (“Alice”).

[...]

In this case, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed the decision of the district court in part, finding that the claims at issue were patent-eligible as being directed to “an improvement to computer functionality itself, not on economic or other tasks for which a computer is used in its ordinary capacity.” [pg. 12] The CAFC also reversed the finding that the claims were anticipated, but affirmed the district court’s decision that there was no infringement. [pg. 30]


Let's wait and see how many patent maximalism sites conveniently ignore the decision regarding the patent troll, SMS.

Here is what Patently-O wrote several hours ago:

The patents all involve an mailer (i.e. package or envelope) with an identifier on the outside such as a barcode, QR code, or URL. Once delivered, information is communicated (via computers) to the recipient about the contents and the sender.

As Patently-O readers understand, abstract ideas themselves are not patentable. Likewise a patent directed to an abstract idea is also unpatentable, unless the claims include an additional inventive concept that goes beyond the unpatentable idea to “transform the nature of the claim into a patent-eligible invention.” Alice.

The Alice two-step inquiry first asks whether the claims are directed to an abstract idea. Here, the courts agreed that the claims “are directed to the abstract idea of communicating information about a [mailer] by use of a marking.” Under Step Two, the appellate panel found that the claims merely recited “well known and conventional ways to allow generic communication between a sender and recipient using generic computer technology.” Invalid.


So yet more software patents bite the dust at the Federal Circuit. When was the last time the Federal Circuit tolerated an actual software patent (not something which the maximalists wrongly described as such)? We can hardly remember.

It certainly seems like, at least as far as the Federal Circuit is concerned, software patents are dead. They have no chance.

Dr. McDonagh has meanwhile mentioned this new case in which "Facebook and Instagram receive enforcement letters over iFramed app" (nothing innovative).

To quote: "Telecoms company UnitedCorp has claimed that features on Facebook and Instagram that allow users to reveal their location infringe technology it owns covering a newly released smartphone app.

"In cease-and-desist letters, Miami-based UnitedCorp said the social media networks’ geolocation-based image overlays infringe a patent covering the iFramed app."

Seems like a simple Alice case if Facebook (connected to Instagram) decides to file an IPR and/or challenge it in a court. Facebook is one of the loudest PTAB proponents after all. It's incredible that some patent cases like these are still being filed, let alone against a deep-pocketed company which can afford to appeal all the way up to CAFC (or higher).

Recent Techrights' Posts

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.
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
 
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
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
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
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter