Bonum Certa Men Certa

Patent Lawyers Want to Further Expand the Scope of Patenting in the US, Use Trolls (Scale-based Criterion) to Distract From Scope-based Reform

Hijacking opposition and popular unrest, rewriting/overriding them as opposing small pools rather than a conspiracy of large companies operating large pools (or thickets) of software patents

Law and order



Summary: An analysis of patterns in covering the patent issue in the United States; a principal finding continues to be that lawyers don't want to strike at the root of this issue

TAKING into account the money motive, it has become very clear why patent lawyers lobby so hard to maintain the broken system and furthermore make it worse (for everyone but lawyers, to whom the societal cost of a broken system is relayed as revenue). The ACLU intervenes in the big case where a decision on "whether human genes can be patented" is at stake. Using the cult of celebrities in the LA Times Angelina Jolie too seems to be getting involved and "maybe she is trying to subtly influence the U.S. Supreme Court, which is expected to rule later this year on a case challenging a Utah company's patent of the BRCA1 and BRCA2 genes.



"The ACLU intervenes in the big case where “whether human genes can be patented” is at stake.""The company, Myriad Genetics, developed the "BRCAnalysis" test that determines whether women have the dangerous gene mutation. No other company may develop such a test as long as Myriad owns the patent on the genes."

The USPTO is a mess and it is not surprising. It's guarded by wolves. One lobby comes up with ridiculous claims like "US$300 billion worth of intellectual property is stolen from the US every year" (IP being a meaningless term).

"The USPTO is a mess and it is not surprising. It’s guarded by wolves."Well, putting aside the misuse of the term "steal", those behind those figures don't grok economics, but this is not supposed to be factual or evidence-based anyway. The USPTO memo to the examiners regarding CLS Bank helps show that the USPTO is just trying to guard its own existence and growth, it is not a public service. They should redirect from the .gov domain to a .com domain. Pamela Jones wrote: "The USPTO says it has no plans to alter their wicked ways. : D

"Not yet, anyway. It's not really surprising, given the unusual split and the CLS Bank decision regarding the particular patents before the court. Nobody knows now what is and isn't patentable, which is actually better than the situation before CLS Bank, in my view. They used to think they had it right. Not so much now. So stay tuned."

Lawyers capitalise on ambiguity and lack of clarify. They always try to write de facto law themselves,using the press or at least their own self-serving (promotional) Web sites. We should stop paying much attention to them regarding the CAFC decision, which they try to warp for their own agenda. We oughtn't be asking judges, i.e. glorified lawyers, either. They are part of the same system and in this recent discussion of federal judges Posner was the only judge who we know is against software patents [1, 2, 3, 4, 5].

"The USPTO memo to the examiners regarding CLS Bank helps show that the USPTO is just trying to guard its own existence and growth, it is not a public service."Over at NPR, it is estimated that software patents have become a very major component of all US patents. NPR says "[r]oughly 40,000 software patents are issued every year," which would make it infeasible for any developer or even large development company to survey code for patent infringement. It is clear that those patents have no room in society. Even the examiners fail to survey prior art, so what is the point of it all?

The New Legal Review is preaching to the converted (lawyers) when it calls for expansion of patent scope, not reduction. It starts by stating: "Questions of what subject matter should or should not be patentable have once again seized the agenda – and the much-litigated field of software has provided the springboard. In March, the District Court for the Eastern District of Texas, a venue that usually supports patent owners, struck down a software patent held by non-practising entity (NPE) Uniloc, following proceedings that Uniloc itself had brought in June 2012. In its complaint, Uniloc alleged that web-hosting company Rackspace had infringed its patent for a means of processing ‘floating point’ numbers in computer programs – that is, decimal numbers."

One lawyer, Julie Samuels [1, 2, 3, 4], is now writing for the EFF on the subject of parents. Just like another such EFF lawyer (Mr. Nazer [1, 2]), she targets players, not scope. She wrote: "Today, Sen. John Cornyn (R-Texas) introduced the Patent Abuse Reduction Act, a wide-ranging bill targeting abusive litigation tactics—a favorite tool of the patent troll."

"Even the examiners fail to survey prior art, so what is the point of it all?"She writes about patent trolls repeatedly but not about patent scope. What she is pursuing is not the solution really, but then again, she is a lawyer. Here is another lawyers' site speaking about the misdirected reform.

This problem of misdirection (from grassroots to corporate) is not entirely new. Several years ago a Cisco lawyer created an anonymous blog focusing just on patent trolls (not scope) and now we find this entertaining blog about patent trolls, with a unique style. It is called IP Troll Tracker and it too focused on players and not scope. The aforementioned patent lawyers' blog continues to hammer on trolls when it says: "As Congress considers the SHIELD Act, it is helpful to review some of the empirical evidence on the economics Patent Assertion Entities (PAEs). Following up on Colleen Chien's recent post (Patent Trolls by the Numbers), this post looks briefly at data on the 10 publicly listed firms that were predominantly in the patent assertion business during the period from 2005 to 2010 (Acacia, Asure, Interdigital, Mosaid, Network-1, OPTi, Rambus, Tessera, Virnetx, and Wi-Lan). These companies accounted for about one sixth of all PAE lawsuits filed during this period. Although these companies might not represent the entire universe of PAEs, the greater amount of available financial information helps paint a rich picture of their business."

"Lawyers-run sites don't want us to limit the scope of patenting (their bread and butter)."David Balto (another lawyer [PDF]), writing for Patent Progress, also focuses on trolls by saying: "Patent trolls have started to target end-users, especially small companies, because they typically lack the expertise, experience and ability to fight questionable claims. Litigation costs can quickly mount up to $250,000 to $500,000, and reach millions if the case goes all the way through trial (not to mention appeals). End-users also have to deal with disruptions to their business from discovery requests and managing the litigation. Often companies are forced to divulge secret financial and technical information as well as divert key personnel from their work to participate in depositions and give testimony. Patent trolls, on the other hand, have few costs in pursuing a suit because they do not operate in any market. The lawsuit has no disruptive effect on the patent troll’s business because it is the patent troll’s business."

The key problem is not the trolls but the patents themselves. Lawyers-run sites don't want us to limit the scope of patenting (their bread and butter). It has become rather evident and it is worth demonstrating in order to recover grassroots activism on patents; currently, all the efforts are being hijacked by businesses, mostly those of lawyers and their clients (large corporations with many patents).

Recent Techrights' Posts

[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
 
Improving Site Navigation for Easier Discovery and Catch-ups
This site is run by code we wrote ourselves
LibrePlanet 2024 Recordings
Let's hope independent recordings by viewers can help recovery of "lost talks" (recordings)
GNU/Linux Reaches 11% Market Share in the United States Of America - an All-Time High
The United States Of America is where the operating system started (Boston) and where Linus Torvalds works (Portland)
Links 11/05/2024: XBox Crisis, Spotify Exodus Continues
Links for the day
Gemini Links 11/05/2024: Why to Delete GitHub
Links for the day
In Europe, Bing Fell Every Month This Year, Lost a Considerable Share Since "Bing Chat" and All the Chatbot Hype
Microsoft's Bing has had many layoffs lately
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
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
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.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
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
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