07.02.15

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Patent Lawyers and Corporate Media Nervous About New Patents Barrier/Reality (Less Patents on Software and Business Methods)

Posted in America, Patents at 2:00 pm by Dr. Roy Schestowitz

Summary: The rich and the powerful, as well as their lawyers (whose job is to protect their money and power by means of government-enforced monopoly), carry on whining after the Alice case, in which many abstract patents were essentially ruled — by extension — invalid

IT REALLY oughtn’t be so shocking that patent lawyers and other non-producing profiteers (or large businesses that employ these lawyers) do not like Alice — an historic high-level case that still serves to invalidate many patents on software, irrespective of all sorts of bogus ‘reforms’ like the Innovation Act [1, 2]. The Innovation Act is one among a couple of misleadingly-named brands which claim to be about a so-called patent ‘reform’. Media which covers the Innovation Act still cites patent lawyers, patent maximalists, and lobbyists regarding this so-called patent ‘reform’. Here is one new example that says: “A coalition of universities, inventors, venture capitalists and small businesses continue to oppose House-introduced patent reform legislation, which could be considered by the House floor in the coming weeks.” Another new one is equally shallow. Dean Chambers cites WatchTroll excessively (notorious for promotion of software patents), so these people are still tilting the debate in the media while activists against software patents remain passive, quiet, and generally inactive. Where have they all gone? Where is FFII? Where are the journalists who slam monopolies on software development? Tumbleweed. Antagonism to software patents mostly goes unheard these days, so lawyers exploit this and conquer the minds. It’s rather sad, but it is true.

“Whenever lawyers don’t get their way in a system which they perceive as theirs (to use against actual scientists who produce things) they like to whine about ‘non-conformist’ elements such as judges that ‘dare’ to question some abstract patents over triviality, prior art, lack of merit etc.”The plutocrats’ media, Fortune Magazine in this case, is meanwhile glamourising patents assigned to giants. The article from 4 days ago says: “Considering that Bessant has convinced BofA CEO Brian Moynihan to spend $3 billion for new software development annually—twice what the bank used to spend when she took on her job five years ago and roughly 17% of the bank’s annual information technology budget—it’s in BofA’s interest to safeguard that investment. Behind Bessant are more than 110,000 employees and contractors.”

This is a puff piece that uses the propaganda language of patent lawyers, e.g. treating patents like “assets”, even when these are business methods and software patents. It is gross propaganda against public soberness/sobriety and it is a damn shame that opposition to software patents isn’t there to set these writers straight.

Patent lawyers (i.e. parasites profiting from technology’s destruction) are very concerned about software patents’ demise and one of them, David Bohrer (Patent Trial Practice, Valorem Law Group), uses Patently-O to protest against courts which ‘dare’ to rule/declare patents invalid. He wrote these words yesterday:

While early resolution of patent litigation is laudable, motions directed to the pleadings generally may not consider matters outside what is pled in the complaint. Yet this is what courts are doing — they have been coloring outside the lines when deciding whether a patented software or business method is an ineligible abstraction. They are looking beyond the allegations in the complaint to discern “fundamental economic concepts.” Independent of anything pled in the complaint, they are making historical observations about alleged longstanding commercial practices and deciding whether the claimed invention is analogous to such practices.

Oh, cry us a river, Dave. Whenever lawyers don’t get their way in a system which they perceive as theirs (to use against actual scientists who produce things) they like to whine about ‘non-conformist’ elements such as judges that ‘dare’ to question some abstract patents over triviality, prior art, lack of merit etc. Remember Andrew Y. Schroeder, patent lawyer who wrote to a patent examiner who rejected his application "Are you drunk? No, seriously…are you drinking scotch and whiskey with a side of crack cocaine while you "examine" patent applications?" He was really bullying the examiner for not just acting as a passive rubber-stamping machine (remember that 92% of patent applications in the US end up enshrined as patents, making the examination process farcical).

Rude and aggressive lawyers are the norm perhaps, not the exception (despite the suit and the shallow façade). After getting the EFF sued for insulting a patent (the EFF eventually evaded this lawsuit, thanks in part to public shaming) Daniel Nazer picks on another bogus patent (instead of stupid he now says “bogus” and “terrible”). Here is what it’s about: “Like all of the patents we highlight in our Stupid Patent of the Month series, this month’s winner, U.S. Patent No. 6,795,918, is a terrible patent. But it earns a special place in the Pantheon of stupid patents because it is being wielded in one of most outrageous trolling campaigns we have ever seen.

“Patent No. 6,795,918 (the ’918 patent), issued from an application filed in March 2000, and is titled: “Service level computer security.” It claims a system of “filtering data packets” by “extracting the source, destination, and protocol information,” and “dropping the received data packet if the extracted information indicates a request for access to an unauthorized service.” You may think, wait a minute, that’s just a firewall. By the year 2000, firewalls had been around for a long time. So how on earth did this applicant get a patent? A good question.”

Another “patent dies,” says IP Kat because the ruler in the case “found the claim to be obvious.”

We are hearing about more and more of these patents that go to court and are ultimately ruled/deemed invalid. This devalues patents as a whole, discourages lawsuits, and most importantly reduced the incentive of one to apply for patents on software and other abstract things.

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