Bonum Certa Men Certa

Patent Lawyers and Their Firms, Still Desperate to Protect the Status Quo, Manipulate the Media

"It may well be that between press and officials there is an inherent built in conflict of interest." -- General C. Westmoreland in Defence and the Media in Time of Limited War, Routledge, 13 September 2013, p. 64.

Summary: Patent lawyers are besieged by gradual tightening of patent scope and recklessly fight back (e.g. by saturating the media) to secure their revenue sources, derived from (and at the expense of) actual scientists and true market producers

THE USPTO's assignment/assessment guidelines (examination instructions for the process by which to rank patent applications for novelty), as well as court rulings, citing SCOTUS regarding Alice, have both diminished and almost eliminated the perceived value of software patents. This reduces the number of patents obtained and number of patents that are brought before a judge in a courtroom, especially where these patents pertain to software. Patent lawyers are 'politely' furious and they try to dominate the media with their 'damage control', which means misleading statements, misdirection, cherry-picking (bias/lies by omission), and so forth. We gave a lot of examples before. It's getting rather crass.



"Either Quinn has poor reading comprehension skills or he simply does not want to understand (because he is essentially paid not to understand)."The other day we saw Colleen Chien calling for an "open" patent system. "One year ago," wrote Chien about Tesla's openwashing (like Panasonic's), "Elon Musk announced that Tesla would dismantle barriers to the use of its technology by “open sourcing” its patents and making them available for all acting in good faith to use. Because patents are usually used to close, not open, doors to competitors, the move created confusion and criticism."

There is criticism indeed, but from who? Here is the patents maximalist Gene Quinn (loud proponent of software patents) slamming Chien's analysis, lumping it together with what he calls "a lot of disingenuous articles about the U.S. patent system" and calling it "misleading".

"The premise of the article," he says, "is that it is time to open the patent system. Specifically what that means, and to what end that would be useful, is unclear and frankly unexplained."

Either Quinn has poor reading comprehension skills or he simply does not want to understand (because he is essentially paid not to understand). What Chien suggests is a sort of retreat to the the original raison d'être of patents -- where publication (e.g. attribution) rather than litigation is the core goal. Quinn, a supporter of all sorts of crazy patents and even parasitical elements like trolls, surely won't like that. Another post from Quinn's site (but not composed by Quinn himself) dares to acknowledge what he very much feared right after Alice had been ruled at SCOTUS one year ago:

...Alice issued a year ago which opened the door to invalidating software patents on the basis that they simply implement “abstract ideas”...


Yes, that's great news. Sadly, however, the media hardly covers that. The corporate/financial media keeps glorifying patents as though they're national trophies whose raw count is proportional to innovation and so-called 'articles' from Fox Rothschild LLP, Baker Botts LLP, Bradley Arant Boult Cummings LLP, and spokespeople for conservative lobbyists/think tanks like Cato and Heritage try hard to crush real patent reforms. They want to preserve the status quo. The grossest headline came from Bradley Arant Boult Cummings LLP (all of these LLPs are patent lawyers in case that's not obvious), which says "Innovators Beware! Patent Reform Creates The New "Anti-Patent" Troll" (not calling "trolls" those who antagonise patent trolls but rather referring to those who extort companies using invalidation of patents, i.e. not really trolls at all!). Here is the core of the nonsense, which essentially redefines patent trolls: "Unlike other species of patent troll, the Wall Street troll seeks to destroy the target company. Many companies, especially small drug companies, could potentially lose 100 percent of their value if they lose the patents for their core technologies. This creates a situation that is very lucrative for the Wall Street troll, because if the company’s stock loses all of its value the troll makes a windfall." Well, any company whose entire value depends on a patent probably does not deserve to be in business. Patents as a tool of artificial price hikes don't serve society, especially where medicine is concerned. This is where patents become tools of artificial scarcity. It is unethical and we wrote many articles to explain why. There are still valid business models that don't depend on patents, in the same way that software which is free to distribute still brings income (Red Hat, for instance, has billions in revenue each year).

"Patents and patent lawyers are needed for innovation to the same degree that billionaires are "job creators" who create a "trickle-down effect" (they typically just loot and hoard)."The media these days is absolutely stuffed with patent lawyers, appearing everywhere the subject is discussed, parroting -- completely unchallenged -- claims about "innovation", "inventors" and scaring us about China (the same excuse/straw man used by TPP proponents). Patents and patent lawyers are needed for innovation to the same degree that billionaires are "job creators" who create a "trickle-down effect" (they typically just loot and hoard).

Recent Techrights' Posts

It Has Cost $215,000 in Legal Costs to Sue IBM for Wrongful Termination
IBM typically settles out of court and demands secrecy (to avoid anyone else benefiting from the very expensive outcome)
The PIPs or 'Voluntary Termination Offers' Help IBM Fake Its Situation
"IBM is not a tech company"
 
This Morning The Register MS Published a Page With "AI" 83 Times in it. The Register MS Got Paid to Do This.
The Register MS is not a serious publisher and a lot of the stuff about "AI" on the Web isn't journalism but paid-for SPAM
While GAFAM/Microsoft Disguise Financial Crisis as "Investment in AI" the Slop Giants Make Up a Narrative of Wilful Slowdown
A BS artist is good at the art of BS when the artist's failures or weaknesses get twisted as moral or professional leadership
SLAPP Censorship - Part 184 Out of 200: A Tiny Law Firm That Knows Nothing But Microsoft (But Merely Pretends to Understand "IT")
They've managed to trick some mainstream media into thinking they're "Tech" experts or "Social [Control] Media" gurus; nothing could be further from the truth
Links 15/09/2026: Sweden’s Far Right Perishing and "Iceland Just Got Played"
Links for the day
It's Not About How Developers Vote
This isn't about politics, it's about users being in control of their own computers and computing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 14, 2026
IRC logs for Monday, September 14, 2026
Gemini Links 15/09/2026: Poetry, Enshittification of Ebay, and Mecha System
Links for the day
LG Lies to Cover Up Lies About Its Spying TVs (It Records and Transmits Conversations in Rooms)
This is what a lot of "modern" technology is like
Oracle's Debt Continues to Soar (Increase of 60 Billion Dollars in 15 Months, Not Counting the Secret Debt, With Off-balance-sheet Debt Having "Grown Roughly Thirtyfold in Four Years")
Oracle debt continues to grow
Apple's iOS and macOS Measured as Bigger Than Windows in the US, Linux-Based OSes at Almost 30%
Expect the silent layoffs at Microsoft to continue at a rapid pace
Oracle, Like Microsoft, Drowns in Debt and Discards Tens of Thousands of Staff (Microsoft Does the Same More Discreetly)
The main difference between Microsoft and Oracle is that the latter is honest about what's going on
Gemini Links 14/09/2026: First Android Phone, Leaving Sony, and Rant About Gemini-to-HTTP Proxy Providers
Links for the day
Links 14/09/2026: "Scam Altman Now Trying to Gain Control of Electric Grid" and Sweden Moving to the Right
Links for the day
Vista 11 Flunked
Microsoft cannot start a "Vista 12" campaign as it would only make matters worse
Microsoft Urgently Needs Distraction: There's No "Next XBox", But There's a New Boot Screen (Like 'Dark Mode', a Feature That Can be Implemented in Mere Minutes/Hours)
Anything to distract from XBox fiasco
IBM Flying Away to Sweatshops (So Will Red Hat)
Even on Sunday people post about 'leaving' IBM
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026
Microsoft is Laying Off All Year Long (It's Just Keeping Quiet About It)
The issue here is also the media. It's complicit.
MElon's Twitter Takeover Was Meant to Amplify People Like Himself or David Heinemeier Hansson (Slop Pyramid Schemes and Bigotry)
Social control media is not neutral
Microsoft Lunduke of 'Linux Sucks' (and Microsoft Corp.) Tries to Replace GNU/Linux With Toxic Discussions About Toxic Politics
Poisoning the well people drink from
General Assembly Covers EPO Strikes on Thursday, September 17th (2026)
The EPO's staff representation at The Hague has asked people to join an upcoming online session about industrial actions
Links 13/09/2026: Republican Campaign Aide Uses Nazi Photo and Convicted Felon is Wielding Power to Stifle Speech
Links for the day
Gemini Links 13/09/2026: Never Settling, Plain Text Digital Life, and Newsgroups
Links for the day
SLAPP Censorship - Part 182 Out of 200: UK Dockets With Machine-Generated Applications to the Court (From American Slop Companies)
Earlier this year Garrett was using machine-generated output as legal papers and submissions
Efforts to Cancel Matt Mullenweg Have Made Us More Sympathetic Towards Mullenweg and More Sceptical of the People Who Run Automattic (Named After Mullenweg)
Mullenweg, unlike Automattic, is not "in it for the money"
Boosters of Omarchy Are No 'Underdogs'
There are many Arch derivatives that do not rely on "viral" marketing in MElon's child porn-pushing social control media and are instead relying on real development, not slop
PIPs Are a Setup: They Set Workers Up to Fail While Working Their Arse Off Before Getting Kicked (Out) in the Arse
Malicious and exploitative
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026