Bonum Certa Men Certa

US House Hearing on Patents a Sham, Stacked With Lawyers/Corporations

When corporations are allegedly people and corporate lawyers -- people whose professional agenda is to prop up 'IP' -- are writing the laws

Washington



Summary: No signs of real change because hearings involve lawyers of large corporations rather than representatives of public interests

The USPTO remains a farce of a system which strives to assimilate patent offices all around the world to itself. It needs to be stopped or else we will all face the consequences, be those consequences visible or not. A lot of what we buy costs little to manufacture, but since we pay patent tolls prices can be inflated considerably.



Groklaw writes about the House hearing we were referring to the other day. It is a debate for lawyers only, based on this summary which states:

Thursday was the hearing on abusive patent litigation by the House Judiciary Committee's Subcommittee on Courts, Intellectual Property and the Internet. By abusive patent litigation, they mean trolls -- or as one calls them when one holds one's pinky genteelly in the air, NPEs, nonpracticing entities. I put out a call for one of Groklaw's own to attend and let us know what happened. Webster was able to attend, and he has provided an eyewitness account for us in his own inimitable style.

The chairman of the hearing, US Representative Bob Goodlatte, opened with a statement, as did several members of the subcommittee with a little speechifying of their own, and then the invited witnesses of the day each told about their company's experiences with abusive litigation, except for one, a lawyer whose firm represents trolls and who opined that the patent system is working well overall. If you click each of the following names of the witnesses, you can download as a PDF the written testimony each provided in advance:

* Mr. Mark Chandler, Senior VP, General Counsel and Secretary, Cisco Systems, Inc. * Ms. Janet L. Dhillon, Exec. VP, General Counsel and Secretary, J.C. Penney Company, Inc. * Mr. John G. Boswell, Sr. VP, Chief Legal Officer and Corporate Secretary, SAS Institute, Inc. * Mr. C. Graham Gerst, Partner, Global IP Law Group, LLC * Mr. Philip S. Johnson, Sr. VP and Chief IP Counsel, Johnson & Johnson * Mr. Dana Rao, VP and Assoc. General Counsel for Intellectual Property Litigation, Adobe Systems, Inc.


Mark Bohannon, Red hat's Vice President of Corporate Affairs and Global Public Policy, wrote about this hearing as follows:

As President Obama pointed out in February, the patent reform legislation Congress passed several years ago hasn't "captured all the problems" and the bill "only went about halfway to where we need to go."

"[Patent trolls] are a classic example. They don't actually produce anything themselves," the President said. "They're just trying to essentially leverage and hijack somebody else's idea and see if they can extort some money out of them."

It is important to keep contacting policy makers on this important issue. If you haven’t done so, let the members of the Judiciary Committee in both the House and Senate hear from you. Your voice is important and can make a difference.


Your voice is important and but unfortunately you cannot make a difference. Why? Because unless you have the name of some giant corporation next to your name and you claim to have a degree in law, these people will treat you like dirt and will never give you a platform, let alone any influence.

The FSF is about to have a more suitable public event about patents -- one where actual scientists participate. Here are the details which the FSF published this week:

Chicago, IL - Room 1040, 10th floor, Power Rogers & Smith Ceremonial Courtroom, Philip H. Corboy Law Center, 25 E. Pearson St., Water Tower Campus, Loyola University Chicago


Going back to Groklaw, Posner, a critic of the patent system and of software patents in particular [1, 2, 3, 4, 5], is mentioned in this article which alludes to the patent fight against Android:



Motorola has now filed its response to Apple's appeal of Judge Richard Posner's decision to toss out Apple's claims against Motorola (and vice versa), and it adds its own cross appeal [PDF] on the vice versa part -- especially challenging the implication of Judge Posner's ruling that there can be no injunctive relief for FRAND patent owners ever, as a categorical rule.

A blanket denial of the right to seek injunctive relief, Motorola argues, violates patent law, contradicts eBay v. MercExchange [PDF], where the US Supreme Court held that it was error to come up with a categorical rule that “injunctive relief could not issue in a broad swath of cases”, and violates the original expectations of donors of technology to standards bodies. In fact, it says any such rule would violate the US Constitution, which provides that Congress shall have power to secure exclusive rights for inventors, and in the Patent Act Congress came up with, it says every grant to a patentee includes the right to exclude others. Motorola asserts that it has never waived its rights to injunctive relief and states that there is no language in its ETSI agreements requiring it to do so. Motorola argues that there should continue to be a case-by-case analysis under eBay, with judges having discretion to make such decisions based on the particular facts of each case.

Fair warning, though: the PDF is 737 pages. The actual brief is one-tenth that, 73 pages, so I've done that part of it for you as text. The rest is a collection of patents at issue, judge's orders in this case, and one from a related Apple v. Motorola litigation in Wisconsin, which is where this case began, before being transferred to Illinois and Judge Posner.


Posner, a US judge, has so far been the exception when it comes too his views on these patent battles and software patents, which he opposes. The house hearing had nobody like Posner in it; it was just a bunch of lawyers bickering and gloating over patents.

Here is LG using patent FUD against its biggest national rival. It's about software patents:

The Samsung Galaxy S4 possibly uses a new type of eye-tracking software that LG believes violates one of its own patents.

LG on Tuesday claimed that its South Korean competitor may have violated the company’s patent which pauses video clips when a user turns their head away from the video they are watching.

During the Samsung Galaxy S4 event last week the company announced the new feature as one of the smartphones best new options.

Samsung however was very clear in stating that it does not actually use eye-tracking technology but rather facial recognition software.


Apple too is reportedly being hit by patents relating to software:

The Wall Street Journal reports that patent holding company Intertrust Technologies Corp. has filed suit against Apple, accusing the Cupertino-based company of infringing on 15 of Intertrust's patents related to "security and distributed trusted computing."


Publications like the Wall Street Journal view the patent problem as trolls hurting large corporations such as Apple. But it's not the real issue. It's just a symptom of the real issue. The multinational corporations try to change the law to benefit corporations, not trolls and not anyone else. People should be outraged by this.

Comments

Recent Techrights' Posts

Gemini Links 14/08/2026: Slower Internet, Logging Off Made Easy, and Human Code
Links for the day
Links 14/08/2026: "Mystery of Dark Oxygen", People Despise Slop, and Backlash Grows Against Fake Currencies (Energy-Wasting Scam Like Slop)
Links for the day
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026
Gemini Links 12/08/2026: Losing a Child, "The OpenWeb Needs Diversity", and Gmail Woes
Links for the day
Voluntary' Layoffs and 'Proper' Layoffs at IBM This Year
When will IBM management confess that 15% of staff is already marked for potential removal?
Links 12/08/2026: Trouble in Proprietary Chaffbot Company 'Open' 'AI' and Slop "Investors Are Suddenly Quaking in Their Boots"
Links for the day
Daniel Pocock in National News in Australia the Day of the Election
"Posted 20m ago" (Thursday in Australia), it's timed nicely to help illuminate Pocock and give him last-minute exposure
The Register MS Has Just Published Slop Spam for NVIDIA and HP, It Says "AI" 43 Times
As usual, The Register MS ought to be ashamed of itself for participating in it
The Slop Debt (Trillions of Dollars, Money That Does Not Exist) is Causing the Collapse of GAFAM et al
This slop hype will end up like "metaverse", except "metaverse" never ended up justifying trillions of dollars in "investment"
Simpler Means More Reliable
The simple old way of local storage and local backups is still the best
Clownflare and statCounter See GNU/Linux at ~8% in Norway
Norway has long championed GNU/Linux compared to the rest of Europe
Social Control Media is the Opposite of Information
That says a lot about social control media
Clacton manifesto: Reform UK hacking, leaks, raw sewage & 8GB Swiss Archive
Reprinted with permission from Daniel Pocock
statCounter Today: ChromeOS + GNU/Linux Measured at 10.98% Globally (Desktops and Laptops)
Clownflare does not quite refute this
The Register MS Has Just Published Fake Article About Replacing Linux With Proprietary Google System, "Sponsored by ASUS."
All of those things are proprietary GAFAMware
Links 12/08/2026: "X’s Advertising Business Continues to Tank", "Stop Feeding the Billionaires"
Links for the day
Lack of Empathy Rampant in the Sector
Sociopaths are sociopaths. They cannot help themselves
Before the "Big Tech" (That Almost Everybody is Forced to Use) Was Controlled by Men Who Hate Women
Such rejection and even hatred of women qualifies/enshrines oneself as an "incel"- a dangerous and violent online cult
In Defence of Hoarding CDs, More So When Digital Restrictions (DRM) Come to More 'Content' and Even Offline/Physical Media Won't Work When Some Remote Server Says "No" (or Goes Offline)
made to serve and entertain owners, not to allow companies like Sony and Microsoft subjugate owners
Clownflare: In Finland, Birthplace of Linux Kernel, GNU/Linux Now Bigger Than Apple's MacOS
It's not just in Finland where we see such trends
More Mass Layoffs Due to Monumental Debt Excused as "Investment" (in Slop)
They're maxing up the private debt and their country is already insolvent
METRO Interviews Daniel Pocock a Day Before Election
The article is behind a wall that blocks people who block ads
Enshittification More Than a Century Ago
Is enshittification more than a century old?
GNU in 1991 (35 Years Ago): Compiler and Lots More Ready, Linux Now Becoming 'Vibe Heap' (Slop Replaces Real Code)
Without curbs in place, many Linux developers will flee
Company-Wide 'Reorg' ('Redundancies') at IBM, Mark October 1st 2026 in the Calendar
Is Oct 1 the new Apr 1?
SLAPP Censorship - Part 147 Out of 200: The SLAPP Series is 'Slow' Because Timing Matters
It is important to stress that after this series is finished there will be many more series, with some of them showing raw evidence of what we've been illuminating and telling
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day