Bonum Certa Men Certa

Court of Appeals for the Federal Circuit (Originator of Software Patents) Still the Number One Barrier to Progress and Justice

CAFC corruption



Summary: New Court of Appeals for the Federal Circuit (CAFC) cases/rulings and what the latest developments serve to teach us about CAFC

THE activity of patent litigation is a function of misunderstanding, disagreement, and inability to settle. It is not, however, to be mistaken or conflated with patent activities (cross-licensing for instance). Patent maximalists, especially those who profit from actual litigation (patent lawyers, not necessarily attorneys), conveniently mix the two. It is worth remembering that poor judgment or low-quality patent examination would more likely lead to patent disputes. This is one of several reasons we're highly concerned about the EPO these days. Looking at the far east, there too litigation activity seems to be on the rise; this week alone Huawei decided to sue with patents [via] once again (China is a growing platform for such litigious activity and hostile atmosphere it entails) and in Korea patent cases boil over to the US courts. Patents were originally introduced not to occupy thousands of courts but for preservation/publication, attribution, and dissemination of knowledge (with accompanying fees or temporary prohibition on imitations). Nowadays, judging by these very recent articles about patents on life [1, 2, 3, 4, 5, 6, 7, 8], patents are made to control who lives and who dies, or who 'owns' parts of everyone's body. This is not OK and it directly relates to software patents if the said patent is looked upon closely. Now there's also the Rapid Litig. v CellzDirect case [1, 2], patents on exported goods, and other such CAFC cases like Bascom, which relates to software patents. As The National Law Review put it yesterday, "Focusing on Second Step of Alice, Federal Circuit Finds Inventive Concept in Software Patent in BASCOM" (there is more coverage here).



How far can this madness go and when will it be globally realised that software patents never made sense to begin with (it was CAFC that brought these into existence). Matt Levy, writing for Patent Progress yesterday, scoffed at "Bad software patents" when he wrote the article "CAFC Says Configuring an Option per User is Patent-Eligible" (it oughtn't be). To quote Levy's explanation of the case and the patent:

Bad software patents apparently still have a few protectors on the Federal Circuit: in its recent decision in Bascom Global Internet Services, Inc. v. AT&T Mobility LLC, a Federal Circuit panel said that a patent for configuring a content filtering option per network user is patent eligible. After making a lot of progress in the wake of Alice Corp. v. CLS Bank, this is a big step backwards.

[...]

This is patent lawyer language, of course, but it’s not too complicated. Basically, there are a few ways of filtering out objectionable websites; this system forces all network requests through a single server which filters out the objectionable websites. Each user has a filtering method(s) associated with her account, and the server uses the associated method(s) for the user making the request. That is the claim. There are no new filtering methods, no implementation details, nothing more specific than what I’ve just described.

Under Alice, it seems pretty clear to me that this shouldn’t be patent eligible. The abstract idea is something like “filtering content through a single access point where the method of filtering content is configured for each user.”


"The Federal Circuit has ruled that the claims of a patent for liver cell treatment were not directed to a patent-ineligible concept, in a decision that provides guidance on how life science innovations can satisfy the Mayo test," MIP wrote, demonstrating that CAFC not only challenges Alice but also the Mayo test (both at SCOTUS, the US Supreme Court). CAFC also "saves 10k patents by reversing district court decision in Immersion Corp v HTC," according to this new patent lawyers' analysis of Immersion Corp v HTC, serving to reinforce the view that CAFC is somewhat of a rogue court which all along was in the pockets of patent lawyers, disinterested in justice itself.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
 
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
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
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
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day