Bonum Certa Men Certa

Strategy of Litigation With Patents Has Collapsed Since SCOTUS Ruling in Alice v. CLS Bank

"It is difficult to get a man to understand something when his salary depends upon his not understanding it." ~Upton Sinclair

Two monkeys



Summary: The latest figures from Lex Machina show a massive decrease (-18%) in patent litigation last month; lawyers look for ways to spin the data in their favour

Patent lawyers with their monkey business can lie all they want, but the matter of fact is -- and the numbers speak for themselves -- patent lawyers would be better off rewriting their resume/curriculum vitae (not the history of software patents and of Alice v. CLS Bank) and seek another type of job. The parasites are on their way out and their business is decreasing, making this space more crowded and more competitive. It will be getting hard to get away with a patent on [action] "over the Internet" or [action] "using a computer" because guidelines are being revised and junior patent examiners will grow into them, applying a stricter test of validity before endorsing something; a lot of applications will be thrown in the bin very quickly. The same goes for judges, who will phase in a better set of standards, potentially scaring everyone who wields patents in the courtroom (and can therefore have them altogether invalidated).



"It will be getting hard to get away with a patent on [action] "over the Internet" or [action] "using a computer" because guidelines are being revised and junior patent examiners will grow into them, applying a stricter test of validity before endorsing something; a lot of applications will be thrown in the bin very quickly."Lex Machina was mentioned here years ago and Lex Machina continues to do a good job tracking patent litigation from a sceptical eye. The latest Lex Machina report says that "2014 has ended, though perhaps not yet for many court clerks who will continue entering paperwork from their backlog for another week or so, if history is a guide. These numbers are therefore preliminary and can be expected to rise slightly as the backlog is processed.

"441 new patent cases were filed in December, rising 32% from November 2014’s total of 335. These filings brought the total for 2014 to 5,010 new cases, an 18% decrease from the 6,083 new cases filed in 2013."

In other words, placing some emphasis on the latter figure, for the second month in a row (if not for longer than this), post-Alice v. CLS Bank we see a very statistically-significant decrease in patent litigation. Steph from IP Troll Tracker said that even the pro-patents folks, "Dennis Crouch over at Patently-O and I AM reported the same thing, citing Lex’s numbers because why not? A 40% reduction in patent filings sounds all nice-like."

Steph adds: "As I pointed out on Twitter, it’s not so much the number of suits that’s problematic, it’s who sues who and what it costs to defend. If there were only three patent troll lawsuits in a single year, but those lawsuits shut down three companies, if those three lawsuits cost hundreds of people their jobs because company owners were forced to deflect funds to lawyers (the only true winners in any litigation), would we be better or worse off?"

Well, all in all, given the size of the sample set (hundreds), it is safe to assert that the decrease is real. One could argue about the exact number and the way litigation is counted, but the statistically-significant figures are enough to support the conclusion and they apply the same definition to 2013 and 2014 litigations. The figures were assembled by a group that is academic (subjected to scrutiny from peers), not a bunch of software patents boosters or opponents. They profit from good research, not from selling an agenda of themselves (or a client).

Matt Levy, a lawyer who likes to focus on patent trolls, decided to spin it the other way, trying to (mis)use the aforementioned study not to compare year-to-year trends (as should be done), but month-to-month over consecutive months that are inherently different (December has holidays). He said: "According to Lex Machina’s data, there were 441 patent litigation filings in December 2014. The previous month, there were 335. That’s an increase of 32%!"

Complete misinterpretation of what was shown. That's like comparing the sales of Christmas trees in November to the sales of Christmas trees in December. But nice try, Mr. Levy.

Recent Techrights' Posts

Ex-Red Hat CEO Paul Cormier Did Not Retire, He Just Left IBM/Red Hat a Month Ago (Ahead of Layoff Speculations)
Rather than retire he took a similar position at another company
Linux.com Made Its First 'Article' in Over and Month, It Was 10 Words in Total, and It's Not About Linux
play some 'webapp' and maybe get some digital 'certificate' for a meme like 'clown computing'
The FSF Ought to Protest Against UEFI 'Secure Boot' (Like It Used To)
libreplanet-discuss stuff
GNU/Linux Reaches 6.5% in Canada (Including ChromeOS), Based on statCounter
Not many news sites are left to cover this, let alone advocate for GNU/Linux
 
Daniel Pocock: "I've Gone to Some Lengths to Demonstrate How Corporate Bad Actors Have Used Amateur-hour Codes of Conduct to Push Volunteers Into Modern Slavery"
"As David explains, the Codes of Conduct should work the other way around to regulate the poor behavior of corporations who have been far too close to the Debian Suicide Cluster."
Video of Richard Stallman's Talk From Four Weeks Ago
2-hour video of Richard Stallman speaking less than a month ago
statCounter Says Twitter/X Share in Russia Fell From 23% to 2.3% in 3 Years
it seems like YouTube gained a lot
Journalist Who Won Awards for His Coverage of the Julian Assange Ordeals Excluded and Denied Access to Final Hearing
One can speculate about the true reason/s
Richard Stallman's Talk, Scheduled for Two Days Ago, Was Not Canceled But Really Delayed
American in Paris
3 More Weeks for Daniel Pocock's Campaign to Win a Seat in European Parliament Elections
Friday 3 weeks from now is polling day
Microsoft Should Have Been Fined and Sanctioned Over UEFI 'Lockout' (Locking GNU/Linux Out of New PCs)
Why did that not happen?
Gemini Links 16/05/2024: Microsoft Masks Layoffs With Return-to-office (RTO) Mandates, Cash Issues
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 16, 2024
IRC logs for Thursday, May 16, 2024
[Meme] Never Appease the Occupiers
Freedom requires truth. Free speech emancipates.
Thorny Issues, Violent Response
They say protests (or strikes) that do not disrupt anything are simply not effective. The same can be said about reporting.
GNU/Linux in Malaysia: From 0.2 Percent to 6+ Percent
That's like 30-fold increase in relative share
Liberty in Liberia? Windows Falls Below 10% and Below iOS
This is clearly a problem for Microsoft
Techrights Congratulates Raspberry Pi (With Caution and Reservations)
Raspberry Pi will "make or break" based on the decisions made in its boardroom
OSI Makes a Killing for Bill Gates and Microsoft (Plagiarism and GPL Violations Whitewashed and Openwashed)
meme and more
People Who Defend Richard Stallman's Right to Deliver Talks About His Work Are Subjected to Online Abuse and Censorship
Stallman video removed
GNU/Linux Grows in Denmark, But Much of That is ChromeOS, Which Means No Freedom
Google never designs operating systems with freedom in mind
Links 16/05/2024: Vehicles Lasting Fewer Years, Habitat Fragmentation Concerns
Links for the day
Links 16/05/2024: Orangutans as Political Props, VMware Calls Proprietary 'Free'
Links for the day
The Only Thing the So-called 'Hey Hi Revolution' Gave Microsoft is More Debt
Microsoft bailouts
TechTarget (and Computer Weekly et al): We Target 'Audiences' to Sell Your Products (Using Fake Articles and Surveillance)
It is a deeply rogue industry that's killing legitimate journalism by drowning out the signal (real journalism) with sponsored fodder
FUD Alert: 2024 is Not 2011 and Ebury is Not "Linux"
We've seen Microsofers (actual Microsoft employees) putting in a lot of effort to shift the heat to Linux
Links 15/05/2024: XBox Trouble, Slovakia PM Shot 5 Times
Links for the day
Windows in Times of Conflict
In pictures
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 15, 2024
IRC logs for Wednesday, May 15, 2024
Gemini Links 15/05/2024: 50 Years of Text Games
Links for the day
Ebury is Not "Linux", That's Just the Media Shifting Attention (Microsoft in the Hot Seat for Total Breach Right Now)
Seems like it may be a Trojan
Links 15/05/2024: Growing Tensions Between East and West, Anticlimax in Chatbot Space
Links for the day
[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
Richard Stallman Talk 'Delayed'
"Repousé à une date ultérieur. Du au congé, il n'était pas possible de l'organiser bien dans le temps disponible."
Links 15/05/2024: Toll on Climate Change, Physical Assaults on Politicians
Links for the day
[Meme] Free Society Requires Free Press
The Assange decision is now less than a week away (after several delays and demand for shallow 'assurances')
CyberShow Goes "Live"
The CyberShow has a similar worldview (on technology and ethics) to ours
Latest Status of Site Archives (Static Pages)
article listings are reaching a near-final form
IRC Proceedings: Tuesday, May 14, 2024
IRC logs for Tuesday, May 14, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Today's Talk by Richard Stallman Going Ahead as Planned
That talk will be in French