Based on the SCOTUS ruling, I believe the Bascom patents "should" be patent eligible. But the way the courts and PTAB are applying the Alice ruling is mind-boggling, at least to me.
Bascom has to prove that the patents are a real improvement in linking and relationships. I think they are. I think it can be proven. But I have no confidence that the judges who are going to listen to Bascom's arguments are going to be open-minded and can be convinced.
We have seen the sua-sponte decision to invalidate VRNG's software patents by the Federal Circuit panel reviewing the IPE vs GOOG case. We have seen a number of ineligibility declarations since Alice by PTAB and the courts.
It's as if the courts, especially CAFC, are re-writing patent law case by case in the current session, as opposed to applying existing patent law.
Look around at IP stocks with "home run" litigation. VRNG, VHC, DSS, SPEX, etc. They have all been crushed. DSS is going to be swimming upstream in Bascom, and it's a real shame because Thomas Bascom's patents are novel and legit, but they are being asserted in a time-period that has almost overnight become an anti-technology and anti-patent landscape.
Not fun times to be an IP investor, and I recommend all retail folks only speculate with money that won't impact their lives should events not play out the way they hope.
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