Bonum Certa Men Certa

Technology Companies at CES Lash Out at the USPTO for Enabling 'Extortion Rackets'

Not only the EPO equips patent racketeers

Capone



Summary: The U.S. Patent and Trademark Office (USPTO) is finally being accused by companies and people who are suffering from patents (those which it so habitually grants, including software patents) of enabling “extortion rackets”, to quote a respected journalist who attended or covered a session with Michelle Lee, the Director of the USPTO

THE just-ended expo in the United States, CES, revealed the first CES raids [1, 2] that we're aware of. In fact, only in Europe have we heard of/seen such scenes before [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. Companies that were at CES reportedly complained to the USPTO about the state of affairs. A highly-reputed journalist was there and wrote that "tech industry still hates patent trolls, but it’s starting to have good things to say about the government agency that issues the patents those trolls later wield in what amounts to a legalized extortion racket."



"When we accused the EPO of doing something similar the EPO threatened to sue."Well, companies like Microsoft do this as well, not just patent trolls. Racket is what it is, or an "extortion racket." We have been saying this for years. When we accused the EPO of doing something similar the EPO threatened to sue. The report continues with: "That was the somewhat surprising conclusion of a panel discussion at CES Friday morning that featured some of the leading critics of the current patent system — and was introduced by Michelle Lee, director of the U.S. Patent and Trademark Office."

The USPTO still issues software patents (and issued even more of them before); these are the sorts of patents that almost all patent trolls are using, so the USPTO ought to be held at least partly accountable. Ever since the Court of Appeals for the Federal Circuit (CAFC) gave the green light to software patents the USPTO has issued hundreds of thousands of software patents. CAFC, as we have shown before, is corrupt at several levels (see past articles) and hence highly biased. Patents lawyers' fronts such as Post-Grant Practice Group (profiting from patent maximalism) have just latched onto CAFC, as expected, saying that "efficacy of objective evidence of non-obviousness (i.e., secondary indicia) hinges on the ability to demonstrate a "nexus" between the evidence and the subject patent claims. This is because such evidence cannot be accorded substantial weight absent a nexus to the claimed invention. As pointed out in a previous post a compelling showing of nexus is more likely in the unpredictable arts where specific formulations, dosages and the like are more readily correlated to such secondary indicia as commercial success and long-felt but unsolved needs."

"It is evident that producing technology companies (excepting monopolies that use their brands and their patents, not production) are dissatisfied with the status quo."The wording/words in the above article/blog are designed to mislead (they're hard to read/follow because clarity isn't the goal). What they are trying to allude to, in simpler terms, is that "non-obviousness" (i.e. difficulty of coming up with an idea) can be demonstrated with claims (in the patent application) and evidence. A lot of these foreign language (or cryptic) terms are the way patent lawyers make their business. They make the language (legalese) hard for many people to follow (even to examiners who are purely technical) and this way they can trick people into granting what's not grantable (patent-ineligible).

There still needs to emerge a movement strong enough and broad enough to antagonise the likes of CAFC, the USPTO, and patent lawyers because they are all patent maximalists. Maximalism benefits them directly. It is evident that producing technology companies (excepting monopolies that use their brands and their patents, not production) are dissatisfied with the status quo.

Recent Techrights' Posts

United States Entering the $100 Trillion Debt Trap, We Compare GAFAM Debt
Google's debt is about 6 times less than Amazon's
Software Freedom Conservancy (SFC), Inc. vs. Vizio, Inc. Is Costing the Free Software Foundation Money
FSF subpoena and deposition
They Try to Replace the Creators of GNU/Linux and Hijack Their Word, Work, and Reputation
gnu.org is down at the moment; now I'm told it's back but very slow. DDoS?
Links 05/05/2024: Political Cyberattacks From Russia and Google Getting a Lot Worse
Links for the day
 
On Character Assassination Tactics
The people who leverage these dirty politics typically champion projection tactics
Links 06/05/2024: Scams and Politics
Links for the day
Gemini Links 06/05/2024: Reading and Computers
Links for the day
GitLab's Losses Grew From $172,311,000 to $424,174,000 Per Annum
Letting this company have control over your (or your company's) development/code forge may cost you a lot in the future
statCounter's Latest: Android Bouncing to New All-Time Highs, Windows Down to Unprecedented Lows
Android rising
Can't Bear the Thought We're Happy and Productive
If someone is now harassing online friends, attacking the wife, attacking my family (not just attacking and defaming people I know online) there are legal ramifications
IRC Proceedings: Sunday, May 05, 2024
IRC logs for Sunday, May 05, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Erinn Clark & Debian: Justice or another Open Source vendetta?
Reprinted with permission from disguised.work
Death of Michael Anthony Bordlee, New Orleans, Louisiana
Reprinted with permission from disguised.work
The Revolution Continues
Today we've published over 20 pages and tomorrow we expect more or less the same
Death of Dr Alex Blewitt, UK
Reprinted with permission from disguised.work
Following the Herd (or HURD)
Society advances owing to people who think differently and promote positive change, not corporate shills
Thiemo Seufer & Debian deaths: examining accidents and suicides
Reprinted with permission from disguised.work
Gemini Links 05/05/2024: Infobesity and Profectus Beta 1.0
Links for the day
Running This Site Mostly a Joyful Activity
The real problem or the thing that we need to cancel is this "Cancel Culture"
Australia Has Finally Joined the "4% Club" (ChromeOS+GNU/Linux)
statCounter stats
Debian as a Hazardous Workplace Where No Accountability Exists (Nor Salaries)
systematic exploitation of skilled developers by free 'riders' (or freeloaders) like Google, IBM, and Microsoft
Clownflare Isn't Free and Its CEO Openly Boasted They'd Start Charging Everyone to Offset the Considerable Losses (It's a Trap, It's Just Bait)
Clownflare has collapsed
Apple Delivered Very Disappointing Results, Said It Would Buy Its Own Shares (Nobody Will Check This), Company's Debt Now Exceeds Its Monetary Assets
US debt is now 99.98 trillion dollars
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work
[Meme] People Who Don't Write Code Demanding the Removal of Those Who Do
She has blue hair and she sleeps with the Debian Project Leader
Jaminy Prabaharan & Debian: the GSoC admin who failed GSoC
Reprinted with permission from disguised.work
Jonathan Carter, Matthew Miller & Debian, Fedora: Community, Cult, Fraud
Reprinted with permission from disguised.work
Techrights This May
We strive to keep it lean and fast
Links 04/05/2024: Attacks on Workers and the Press
Links for the day
Gemini Links 04/05/2024: Abstractions in Development Considered Harmful
Links for the day
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
[Meme] The Cancer Culture
Mission accomplished?
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though