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

09.01.15

Patents Roundup: IAM’s Claims About India, Lawyers’ Patent Bias, ITC for Microsoft, and PTAB Against Kyle Bass

Posted in Patents at 4:49 am by Dr. Roy Schestowitz

Urbis

Summary: Another weekly summary, focusing on issues that pertain to or affect Free software in particular

THIS post looks at the past week’s news and groups the news by topic.

Software Patents in India

The patent maximalists from IAM wrote at the very beginning of this week that “India is becoming more receptive to software patents”, despite the fact that software patents are not allowed in India. IAM is framing India’s policy as a bad thing: “Two subject areas have long dominated critiques of the Indian patent system by foreign (and especially US) companies and government bodies: pharmaceuticals and software. But, the recent release of new guidelines for the examination of computer related inventions (CRIs) by the Indian Patent office (IPO) provides the latest sign that the country may be headed in a more software-friendly direction. That has the potential to affect not just filing activity in the country, but also efforts to sign up licensees there.”

We have not seen this anywhere else in the media, only in IAM, which is strongly biased on favour of software patents. India is hopefully not falling into the software patents trap at the same time that the US is cracking down on software patents (court rulings post-Alice and consequently new examination guidelines).

ITC Defends Microsoft

“For years, despite lack of fairness, the ITC has helped Apple (US-based company) ban rival imports.”The ‘International’ Trade Commission is not international at all; it’s a US apparatus for US megacorporations, as we have shown before. Now that Microsoft hypocritically complains the ITC defends one patent troll (Microsoft) from another (smaller) patent troll, based on several news reports [1, 2, 3, 4].

This whole episode mostly serves to show how biased the ITC really is. For years, despite lack of fairness, the ITC systematically helped Apple (a US-based company) ban rival imports. This affected only rivals from east Asia. The ITC bureaucracy ought to be challenged. Who does it really serve?

Patent Bias

Watch patent lawyers and propagandists at IP Watchdog pretending everything is great and that even patents on business methods are possible, post-Alice. They’re asking questions like, “Are Patents Getting Their Mojo Back?” Well, the very opposite is true.

Prof. Mark Lemley of Stanford Law School recently came up with an eye-catching headline, “Faith-Based Intellectual Property”. It’s the title of a paper whose abstract bemoans policies that are based on dogma rather than reality. The abstract states: “The traditional justification for intellectual property (IP) rights has been utilitarian. We grant exclusive rights because we think the world will be a better place as a result. But what evidence we have doesn’t fully justify IP rights in their current strong form. Rather than following the evidence and questioning strong IP rights, more and more scholars have begun to retreat from evidence toward what I call faith-based IP, justifying IP as a moral end in itself rather than on the basis of how it affects the world. I argue that these moral claims are ultimately unpersuasive and a step backward in a rational society.”

The term “faith-based IP” (ignoring facts, embracing dogma) resembles the terms often used in the copyright debate, where the wishes and the interests of the very few (moguls and middlemen) outweigh public interests. It’s class war. Controversial new laws are being used to authorise passage of wealth and power to few plutocrats’ hands — plutocrats who also happen to bribe politicians for these laws to be passed.

Meanwhile, a plutocrats’ oppressive tyranny uses a famous casino’s hotel (I was there earlier this year just to look around) in order to harbour more ‘IP’ nonsense, as covered by IP Kat (with its new policy for comments) in a four-part series [1, 2, 3, 4], concluded by this final (belated) part. Watch how lawyers collude or conspire in super-expensive places to just monopolise things; public input has zero impact on their decisions or findings.

PTAB Versus Kyle Bass

Kyle Bass was mentioned before, but rarely regarding the patent pressure he was using to crash companies (we covered this once before, but not in great depth). According to this, “Kyle Bass, the hedge fund manager who filed a number of inter partes review petitions against pharmaceutical companies, has struck terror into the shriveled hearts of the pharmaceutical industry. The first petitions he filed were against Acorda Therapeutics, and its stock dropped on the news.

“The pharmaceutical industry immediately started lobbying to change IPR procedures to make themselves invulnerable. Senator Coons even offered an amendment to the PATENT Act to block IPR petitions from anyone who hasn’t been sued for patent infringement. (The amendment failed.)”

PTAB’s involvement is noteworthy here. There’s more about PTAB in IP Kat and bigger sites for lawyers [via]. To quote the most prominent article: “Kamholz was on the front lines as the America Invents Act (AIA) remade the PTAB and created new proceedings that revolutionized patent litigation. About 60 new administrative judges, many with prestigious resumes in private practice and government service, have joined about 25 veterans of the PTAB’s predecessor, the Board of Patent Appeals and Interferences, to take on most of the inter partes reviews (IPRs) and covered business method reviews to date.”

Here too we have patents being used by billionaires (or at least millionaires) to rig the market. When will more people out there realise who the patent regime really serves?

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. Links 9/4/2020: Qt and Free Software Contention, ReactOS 0.4.1, Jitsi Meet

    Links for the day



  2. The Fall of the UPC - Part XVII: Bardehle Pagenberg in 'Corona Zombie' Mode

    Gymnastics in logic and outright lies told by Bardehle Pagenberg, which spent endless time and money trying to pass the UPC(A) for its patent-trolling clients



  3. The Fall of the UPC - Part XVI: What's Reality Got to Do With It? Ask Hogan Lovells.

    Hogan Lovells, whose Counsel is Winfried Tilmann, wants us to think that UPC is dead only for formal reasons or that it's not really dead because they just need to vote again; reality, however, is far more complicated, but lawyers gonna lie...



  4. The Fall of the UPC - Part XV: A Three-Week Parade of Lies From Team UPC and Its Media Collaborators

    Team UPC continues to shamelessly lie about the fate of the Unified Patent Court Agreement (UPCA); we've studied all the responses we were able to find and we'll tackle them one by one (or firm by firm)



  5. Coronavirus Has Not Slowed Down the EPO's Promotion of Illegal Software Patents

    Using the latest buzzwords and weasel words (digital, games, videogames, digitalisation etc.) the EPO continues to invite bogus patents/applications and boasts about granting a lot more of them



  6. IRC Proceedings: Wednesday, April 08, 2020

    IRC logs for Wednesday, April 08, 2020



  7. Links 8/4/2020: Tails 4.5, Septor 2020.2, GNOME Money Awards and Mozilla's New CEO

    Links for the day



  8. IRC Proceedings: Tuesday, April 07, 2020

    IRC logs for Tuesday, April 07, 2020



  9. GitHug - A Guest Article by Thomas Grzybowski

    "Now, if Azure revenue has increased 72%, but the gross revenue in this category has only increased 25%, that means that the other components, primary GitHub, are actually a substantial negative."



  10. Links 7/4/2020: Firefox 75, Python 2.7.1 RC1

    Links for the day



  11. The Fall of the UPC - Part XIV: Media Owned and Controlled by Law Firms Did Not Properly Cover the Decision of the German Constitutional Court (FCC)

    We take another look at the shallow if not deliberately misleading coverage in sites that are literally owned and run by law firms, for the benefit of law firms rather than informing the public



  12. The Media Paints Bill Gates as the Man Who Will Save the World While Seattle's Police Department Obstructs Access to Documents About Pedophilia Arrest at His Home

    We're still unable to receive even one single page of the police report about arrest for pedophilia at the home of Bill and Melinda Gates; the media says nothing about this and instead it paints Gates as a national or international hero



  13. IRC Proceedings: Monday, April 06, 2020

    IRC logs for Monday, April 06, 2020



  14. Software Patents Remain Junk Patents in the United States (Not Enforceable), Whereas the EPO Keeps Granting Them and Promoting Them

    We take note of the positive outcomes in the US, where courts continue to reject software patents, but in Europe the largest patent office, which sought to replace all the courts, still acts as if patent law does not exist and patents can be endlessly printed irrespective of their merit (or validity as judged by actual courts)



  15. The Fall of the UPC - Part XIII: A Death Worth Celebrating and Many Lies Worth Debunking

    We take stock of positive responses to the decision made by the German constitutional court (FCC) 2.5 weeks ago; we also explain why it has taken so long to piece together firm-by-firm scoresheet for UPC lies



  16. GitHub is Moving the Free Software Movement Into “Check”

    GitHub's growing levels of control over Free software projects (GitHub itself is proprietary and Microsoft-controlled) ought to alarm the community; it's a lot worse than most people care to acknowledge, based on weeks of detailed analysis of GNU/Linux distros



  17. Links 6/4/2020: New Red Hat CEO, elementary OS Hera Updates

    Links for the day



  18. When the Decision is OK and the Judge's Motivations Are Also OK

    Justice Huber made the right call; but the bullies and charlatans who conspired to undermine laws and constitutions will never be satisfied



  19. The Fall of the UPC - Part XII: Doing the Unthinkable by Blaming the Judge's (Justice's) Wife?

    Team UPC and its media partners never cease to amaze us; anybody who stands in their way is either portrayed as a Russian stooge or too ignorant to be worth talking to



  20. The Fall of the UPC - Part XI: Lies Told by Bundesverband der Deutschen Industrie (BDI) in Süddeutsche Zeitung

    Today we look at misleading claims (or lies) published by Süddeutsche Zeitung after the Germans' constitutional court (FCC) had pointed out the obvious, namely that UPC ratification would be in violation of the German constitution



  21. IRC Proceedings: Sunday, April 05, 2020

    IRC logs for Sunday, April 05, 2020



  22. Links 5/4/2020: MindSpore, Covid-19 Projects and More

    Links for the day



  23. EPO is Just Like Some Cruel Political Party and Not a Patent Office

    The "cabal" which runs today's EPO (even the word "Mafia" seems suitable here) isn't acting -- not even remotely -- like a patent office; it's a patent-printing operation ("protection money" as income) that uses shallow political stunts to manufacture consent with the EU's 'generous' assistance



  24. Digitalisation and Digital Technologies as a Ploy to Justify Illegal Software Patents

    Say "hello" to the next weasel word/s; from the "hey hi" hype wave we've now moved to something "digital" (which can mean just about anything, including algorithms of all sorts)



  25. The Fall of the UPC - Part X: How We Shall Catalogue UPC Lies

    The cult that Team UPC became (one member lying to another member, maintaining a false version of reality) will be judged based on underlying facts, not lying about facts; we start with a token of contempt for IP Kat and Bristows LLP (there are overlaps)



  26. IRC Proceedings: Saturday, April 04, 2020

    IRC logs for Saturday, April 04, 2020



  27. Major Revelation: Microsoft Blackmail Against LAMP (GNU/Linux and Free Stacks for Servers) Goes At Least 16 Years Back, Predating the Novell Patent Deal

    (Techno-)Anthropological analyses of Microsoft's patent war on Free/libre software must take into account what Microsoft did to MySQL, a Swedish company at the time



  28. Links 4/4/2020: Sparky 5.11, Firefox 74.0.1, POCL 1.5

    Links for the day



  29. IRC Proceedings: Friday, April 03, 2020

    IRC logs for Friday, April 03, 2020



  30. Links 3/4/2020: Ubuntu Beta, GNOME 3.36.1, ExTiX LXQt Mini, NetBSD 8.2 Released

    Links for the day


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

Recent Posts