Bonum Certa Men Certa

The Litigation 'Industry' Pays the Media for 'Sponsored' (Paid-for) Articles That Sway Public Opinion on Patent Policy

When these people's blogs aren't enough they literally pay lobbyists like Kappos (former USPTO Director) and the media to spread their lies and spin

Kappos in Center for American Progress
Photo credit: Center for American Progress



Summary: The latest twists and spin in media owned by the patent microcosm and media that is simply being 'bought' by the patent microcosm to discredit the courts and prop up litigious 'ideals'

THE USPTO's management seems intent and determined to bypass high courts such as the Federal Circuit and SCOTUS (or merely cherry-pick such courts' decisions). The ITC adopted a similar attitude, whereby it simply disregards decisions from the Patent Trial and Appeal Board (PTAB) after inter partes reviews (IPRs). This is highly problematic because if one branch disregards and disobeys another there's a state of lawlessness (e.g. granting a patent monopoly/injunction order in spite of it being invalid as per the law/courts).



Yesterday CCIA noted that the Founding Fathers of the United States "were themselves frequently quite skeptical of that patent system," alluding to a particular vision of it. To quote:

Two hundred and ten years later, in KSR v. Teleflex the Supreme Court reiterated this point, holding that there’s no patentable invention when two known things are combined in the normal way.

So when you hear someone talk about the patent system our Founders created, remember that the Founders were themselves frequently quite skeptical of that patent system. The patent system has the potential to incentivize invention—but when the PTO issues patents on old inventions or when patents are used to threaten ideas that aren’t actually covered by the patent, that potential is left untapped.


Michael Loney at a patent maximalists' publication meanwhile speaks to a software patents booster about KSR (the above case). He speaks to a patenting professional (for profit, he has a whole blog dedicated to teaching people how to overcome Section 101) Charles Bieneman as if that would shed light on what's really happening rather than offer illusionary spin. To quote the introduction:

Despite the landmark KSR ruling on obviousness a decade ago, it is still possible to argue inability to combine two references in patent prosecution

Charles Bieneman of Bejin Bieneman describes obviousness as "the oldest topic in patents, but also always the most current topic in patent law".


Most if not all software patents are pretty obvious if "obviousness" is defined in particular terms. There's a good reason why algorithms had long been excluded from patentability; that was until the Federal Circuit changed that. Nowadays the Federal Circuit, led by a relatively new chief judge, is undoing this mistake (made decades earlier) and Joseph Herndon has just taken note of another bogus patent biting the dust at PTAB and then at the Federal Circuit because of prior art (neither obviousness or scope). This means that American patent clerks/examiners must improve the examination process; they need more time to study prior art and avoid such mistakes (which can cost millions of dollars in legal bills to correct, with expenses rarely being remediable). In this particular case (Nobel Biocare Services AG v Instradent USA, Inc.) the defendant leveraged prior art/35 U.S.C. ۤ 102(b) rather than 35 U.S.C. ۤ 101 that's often used to throw away bogus software patents or applications in the US. It's all about prior art contrary to lies lawyers like to tell. To quote:

Nobel Biocare Services AG appealed from the decision of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board in an inter partes review (IPR) holding claims 1–5 and 19 of U.S. Patent No. 8,714,977 invalid based on an ABT Catalog. Many issues were presented, and here, we review the opinion with respect to whether the ABT Catalog qualifies as a prior art printed publication under pre-AIA 35 U.S.C. €§ 102(b).

[...]

The Federal Circuit addressed the sufficiency of the corroboration of the testimony and found the testimony of Messrs. Hantman and Chakir not only to be corroborated by each other, but also by a) the actual copy of the ABT Catalog, dated March 2003, submitted as evidence and b) Dr. Fromovich's testimony that ABT operated a booth at the March 2003 IDS conference.

The fact that Hantman had a copy of the ABT Catalog in his files further corroborates his testimony that he obtained a copy of the same document asserted to be prior art in the IPR.

Thus, although much of the evidence relied upon was based on testimony of biased witnesses regarding events that took place over 10-15 years ago, the Federal Circuit found no reason that the testimony was problematic. As a result, the ABT Catalog was found to be prior art.


The moral of the story is, had examiners done their work properly/better (or had been given more time to do the work thoroughly), years of legal disputes would be spared, leaving 'poor' lawyers jobless and actual inventors better off financially.

But of course those lawyers will just carry on whining and whining (we'll say more about it in the weekend) because no amount of patents and lawsuits is ever enough for them.

"But of course those lawyers will just carry on whining and whining (we'll say more about it in the weekend) because no amount of patents and lawsuits is ever enough for them.""The Alice 101 Test Has Turned Patent Claims Into the Legal Equivalent of Schrodinger’s Cat— Derivative Trading Is Both Patentable Subject Matter and Non-Patentable Subject Matter," Janal Kalis wrote. He's a patent maximalist. He's an anti Alice/Section 101 'activist'. It's all about money to these people.

Speaking of propaganda for money, days ago we saw Greater Wilmington Business Journal publishing an article titled "The Battle Over Biotech Inventions". It didn't take long to spot the text (in all caps) "SPONSORED CONTENT PROVIDED BY RUSSELL NUGENT - ATTORNEY, THE HUMPHRIES LAW FIRM" (so once again the news reports about patents are literally marketing from law firms that lobby for particular outcomes).

"It's all about money (legal bills), not about innovation or science or technology or whatever."Watch this rant about the Federal Circuit: "In essence, patent owners [sic] have been caught in ideological battle between the United States Patent and Trademark Office (USPTO) – the government body that issues patents – and the Federal Circuit Court of Appeals – the court that has jurisdiction over most patent appeals, on one side and the U.S. Supreme Court on the other."

It is not an "ideological battle" (as the "sponsored content" above puts it) but the rule of law versus dodgy (self-serving) officials like Iancu, who were elevated by Donald Trump after they had worked for him. The whole thing is quite sickening and seeing that the press is nowadays composed (for a fee) by patent law firms discredits the media in general. It's all about money (legal bills), not about innovation or science or technology or whatever.

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