EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

08.05.14

“Patent Progress” Now Acting as a Front of Large Corporations (CCIA), Tells Michelle Lee (USPTO Deputy Director) About Trolls But Not About Software Patents

Posted in Microsoft, Patents, Samsung at 5:41 am by Dr. Roy Schestowitz

Framing it as a scale — not as a scope — issue

Ed Black
Source: DECLAN MCCULLAGH PHOTOGRAPHY

Summary: The narrative put forth by CCIA, a Microsoft-funded front group, continues to present the patent debate as revolving around the size of extortionists rather than methods and the scope of patents

Trolls (small companies) are not the only patent issue. There are large companies like Microsoft, which still engage in strategic extortion using dubious software patents and NDAs. The goal is to drive companies away from Microsoft’s competitors and/or tax these competitors.

The USPTO almost had a patent extremist appointed to lead the way, but this is no longer likely to happen. In fact, the USPTO is now backing away from some of its extremism, perhaps much to the chagrin of David Kappos, its former head.

Michelle Lee, in the mean time, is being approached regarding changes in the USPTO. The other day we noticed that CCIA, somewhat of a Brussels- and Washington DC-based lobby group that’s open for corporations to join and does not reveal all of its corporate members and their relative contributions (Microsoft is among those who pay and its head, Ed Black, received millions of dollars from Microsoft), contacted Lee. Knowing that CCIA is clearly not a public interest group but a corporate front, representing the interests of very large corporations, we needed to check what was said to Lee. CCIA had received a lot of money from Microsoft and in recent years promoted Microsoft interests. In last week’s article at The Hill we found that “The Supreme Court’s decision to toss out some software patents earlier this year led to a swift change of operations at the U.S. Patent and Trademark Office (PTO), the agency’s deputy director said on Wednesday.

“Michelle Lee told the House Judiciary subcommittee on Intellectual Property that the high court’s June decision caused an immediate flurry of activity.

“It does affect the examination of cases before us and as soon as the ruling came down we were in a position at the PTO where we had to offer guidance to our examiners,” she told lawmakers.’

The site called “Patent Progress”, which is run by CCIA's Matt Levy, hardly told Lee about ‘patent quality’ and instead focused on patent trolls (not even referring to them as such, usually alluding to them as “PAEs”). Lee, the Deputy Director of the USPTO, received this text:

The patent system plays an important role in promoting innovation in the United States. Patents encourage investment in R&D and facilitate technology transfer. But when patent assertion entities (PAEs), commonly called patent trolls, exploit low-quality patents to extort payments from America’s most productive companies and job providers, they harm innovation and the very purpose of the patent system. The solution to this problem is two pronged: the Patent and Trademark Office (PTO) must improve the quality of the patents it issues, and Congress must pass patent reform legislation so that PAEs cannot leverage the high cost of litigation as a weapon against economic growth.

Ed Black signed this letter. Remember how much money he received from Microsoft. Not too shockingly, software patents are not even mentioned.

Ali Sternburg, writing in the same blog amid minor updates, said that “CCIA filed comments with the PTO on guidelines after Alice Corp. v. CLS Bank.”

As the case was mostly about scope, why bother focusing on trolls at all?

On the brighter side of things, software patents did get mentioned as “computer-implemented inventions” (CII), which is a term some patent lawyers prefer to use (it’s a loaded term). Here is the relevant part: “Unfortunately, patents claiming computer-implemented inventions frequently have unclear boundaries. This is largely because, to date, some patents have been allowed to issue without much more than a description and recitation in the claims of an abstract idea implemented on a conventional computer system. The Alice decision makes clear that this practice is not consistent with 35 U.S.C. § 101, because such patent claims preempt all practical implementations of the abstract idea and stifle innovation. Further, the public notice function is best served by clear claims and a thorough prosecution history explaining the examiner’s understanding of those claims, as well as express statements by the applicant regarding the meaning of the claims. Computer-implemented inventions are too often patented using ambiguous, vague, or overbroad language. When such poor quality patents issue, they can become weapons in the hands of patent assertion entities, which currently drain billions of dollars a year from U.S. businesses.

“Accordingly, CCIA believes that it is critical for both the examiner and the patent applicant to create a clear prosecution history. In the context of § 101 rejections, the examiner should provide more than a conclusory rejection. Rather, any rejection should identify the abstract idea to which the claim is directed. Further, such a rejection should explain the examiner’s understanding of the claim’s scope, including why the combination of claim elements do not add “significantly more” to the abstract idea, either expressly or through interpretation under 35 U.S.C. § 112(f). This analysis should include an explanation of whether a claim qualifies as a “means-plus-function” claim under section 112(f) and why or why not.”

Well, “poor quality patents” not only “can become weapons in the hands of patent assertion entities” (to quote the above); it is often misused by large companies too, like the companies which are funding CCIA. Here is a new example of a small troll: “Personal Audio LLC is an East Texas shell company that gleaned national attention when it claimed it had the right to demand cash from every podcaster. The company was wielding a patent on “episodic content,” which it said included anyone doing a podcast, as well as many types of online video.”

Today in the news we have many articles about a much bigger troll: Microsoft. Here is an article which says: “Alleging that the company is being stiffed by Samsung, Microsoft turns to the courts.”

Microsoft “stiffed” because Samsung is not engaging with a racketeer/troll? Really? Microsoft sued Samsung because Microsoft can hardly sell any real products, let alone force them on OEMs. It makes Microsoft very similar to trolls. It’s a non-practicing strategy; it makes Microsoft and patent assertion firm. The BBC quotes Samsung as saying: “We will review the complaint in detail and determine appropriate measures in response.”

The BBC rightly points out that “[t]he case marks the first time that Microsoft has launched legal action against Samsung.

“The two companies have a long-running partnership, due to the Asian manufacturer’s sale of Windows PCs and Windows Phone handsets.”

This is why it’s a misguided move by Microsoft; it is likely to alienate Microsoft even further. Perhaps CCIA should stop promoting this narrative where only trolls are the problem and focus again on showing abuses by Microsoft, which is using software patents to abuse its competition or pressure companies to adopt Microsoft Windows rather than the competition (notably GNU/Linux, ChromeOS, Android, and so on).

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. 22,000 Blog Posts

    A special number is reached again, marking another milestone for the site



  2. The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

    The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)



  3. EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

    The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly



  4. Protectionism v Sharing: How the US Supreme Court Decides Patent Cases

    As the US Supreme Court (SCOTUS) starts delivering some decisions we take stock of what's to come regarding patents



  5. Links 22/3/2017: GNOME 3.24, Wine-Staging 2.4 Released

    Links for the day



  6. The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

    The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole



  7. The Photos the EPO Absolutely Doesn't Want the Public to See: Battistelli is Building a Palace Using Stakeholders' Money

    The Office is scrambling to hide evidence of its out-of-control spendings, which will leave the EPO out of money when the backlog is eliminated by many erroneous grants (or rejections)



  8. In the US Patent System, Evolved Tricks for Bypassing Invalidations of Software Patents and Getting Them Granted by the USPTO

    A roundup of news about patents in the US and how the patent microcosm attempts to patent software in spite of Alice (high-impact SCOTUS decision from 2014)



  9. “Then They Came For Me—And There Was No One Left To Speak For Me.”

    The decreasing number of people who cover EPO scandals (partly due to fear, or Battistelli's notorious "reign of terror") and a cause for hope, as well as a call for help



  10. As Expected, the Patent Microcosm is Already Interfering, Lobbying and Influencing Supreme Court Justices

    The US Supreme Court (SCOTUS) is preparing to deliver some important decisions on cases with broad ramifications, e.g. for patent scope, and those who make money from patent feuds are attempting to alter the outcome (which would likely restrict patent scope even further, based on these Justices' track record)



  11. Intellectual Ventures -- Like Microsoft (Which It Came From) -- Spreads Patents to Manifest a Lot of Lawsuits

    That worrisome strategy which is passage of patents to active (legally-aggressive) trolls seems to be a commonality, seen across both Microsoft and its biggest ally among trolls, which Microsoft and Bill Gates helped create and still fund



  12. What the Patent Microcosm is Saying About the EPO and the UPC

    Response to 3 law firms and today's output from them, which serves to inform or misinform the European public at times of Big Lies and fog of (patent) war, revealing the true nature of 21st century asymmetric patent warfare and lobbying



  13. Tough Day for the EPO's Media/Press/PR Team, Trying 'Damage Control' After Important Techrights Publications

    In an effort to save face and regain a sense of legitimacy the EPO publishes various things belatedly, and only after Techrights made these things publicly known and widely discussed



  14. Links 21/3/2017: PyPy Releases, Radeon RX Vega, Eileen Evans at Linux Foundation

    Links for the day



  15. In IAM, Asian Courts That Deliver Justice Are “Unfriendly” and Asian Patent Trolls Are Desirable

    Rebuttal or response to the latest pieces from IAM, which keeps promoting a culture of litigation rather than sharing, collaboration, negotiation, and open innovation



  16. At EPO “I Have the Feeling That Lowering Quality is Part of a Concerted Plan.”

    Growing concern about patent quality at the EPO -- a subject which causes managers to get rather nervous -- is now an issue at the forefront



  17. EPO Reduces the World to Just Seven Nations to Bolster an Illusion of Growing 'Demand' for European Patents

    The unscientific -- if not antiscientific -- attitude of the European Patent Office (EPO) continues to show with the arrival of yet more misleading 'infographics' (disinfographics would be a more suitable term)



  18. Letter to Angela Merkel Expresses Concerns About Impact of EPO Scandals on Germany and Its Image

    Dr. Angela Merkel, arguably the most powerful woman in the world, is being warned about the consequences of Germany ignoring (and hence facilitating) the abuses of Benoît Battistelli



  19. EPO Caricature: Low Patent Quality Not an Achievement

    A new cartoon about the legacy of Battistelli, which ruins both inventors and staff (examination) while handing money to abusers



  20. Are Lithuania and Latvia the Latest Additions to the List of Benoît Battistelli's Vassal States?

    Benoît Battistelli's 'back room' deals came at an interesting, strategic time and the Office uncharacteristically kept quiet about these



  21. Links 20/3/2017: Linux 4.11 RC3, OpenSSH 7.5 Released

    Links for the day



  22. Supposedly 'Pampered' Prisoners Are Still Prisoners of the EPO

    Response to those gross and familiar attempts to portray patent examiners, not politicians who trample all over them, as the cause of all the problems at the EPO



  23. Insulting Reversal of Narratives at the EPO: Team Battistelli as the Victim

    At times of great oppression against staff, in clear defiance of the law in fact, journalists are being asked (or expected) to view the oppressor as the victim, even when this oppressor drives people to suicide



  24. Battistelli's EPO Copies China -- Not the US -- When it Comes to Patenting Software and Expanding Patent Scope

    A detailed explanation of some of the latest reports from China and the US, serving to show that one opens up to software patents whereas the other shuts the door on them (and guess whose lead the EPO is taking)



  25. What IAM Says About AST, RPX, Ericsson, and IBM

    IAM, the trolls' mouthpiece (also the EPO's mouthpiece, but that's another story), provides updates on trolls and troll-like entities, but further commentary is needed to clarify and counterbalance the promotional language



  26. Apple and Microsoft, Two Patent Aggressors That Habitually Attack GNU/Linux Distributors, Get Sued by a Patent Troll, Soverain IP

    Putting in perspective the latest high-profile (in the press at least) lawsuits filed by a notorious troll, which this time around chose as its targets two patent aggressors that deserve no sympathy because of their own actions



  27. What's OIN Doing While Microsoft is Siccing Patent Trolls on Azure Competitors' Customers?

    Microsoft's patent litigation strategy has become clearer, and patents-centric efforts such as OIN offer no defence against such a strategy, which attempts to pressure everyone to flock to Microsoft for 'protection' (from Microsoft itself)



  28. “EPO Continues to Grant Software Patents”

    The longstanding concern about the granting of software patents at the EPO (typically disguised as a "device") as reinforced by T 0625/11



  29. Links 19/3/2017: Linux Sightings, What's Wrong With Microsoft, and Death of Docker

    Links for the day



  30. Governance Crisis at EPO Deepens After Latest Meeting of the Administrative Council, Necessitating Urgent Outside Intervention

    he EPO's Administrative Council continues to be subservient to -- and without any authority over -- Team Battistelli with its endless mischief and endless power grab, including unbridled money grab


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts