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

01.08.16

Patent Lawyers Continue to Spin Grim News About Patents (UPC, Lawsuits Peak, Patent Raids) as Good News

Posted in Deception, Europe, Patents at 9:03 am by Dr. Roy Schestowitz

Good for lawyers and their super-affluent clients, bad for everyone else…

The trickle-down
Patent trickle-down effect: large corporations at the top, their patent lawyers at the bottom, and the public just gets flooded (with lawsuits, embargoes/injunctions, and raids)

Summary: A roundup of misleading coverage from patent lawyers, to whom any kind of corporate landgrab or monopoly (by means of patenting) is seen as a win

THE mouths of the EPO and of patent trolls just can’t stop moving. And when they move (talk) they lie. Our collective jaws were on the floor (not just mine) when we saw IAM saying: “The headline is that US patent suits are at record highs. The reality is it’s never been tougher to be a plaintiff.”

Cry us a river. “Plaintiff” just means patent aggressor, and in many cases these aggressors are patent trolls, like those that are paying IAM (it cost us to say this*). Figures from Unified Patents and Lex Machina are being cited by IAM (both sources and their findings were mentioned here earlier on) and IAM is not denying the growth in litigation, just finding some yardsticks by which to spin these figures in favour of greedy patent lawyers who receive money from patent trolls. Remember that IAM is literally funded (e.g. through events) by the world’s worst patent trolls (it’s stated openly in the list of sponsors). We covered this before. The patent propagandists from IAM are willing to go as far as trying to spin news about patent wars as a positive news (in full-length articles).

People might think we’re being cruel and merciless when it comes to IAM, but these people are dangerous, they are talking to Manny Schechter, who promotes software patents for IBM [1, 2], and influential people like Wouter Pors (occasionally an EPO critic) uses IAM to promote the unitary patent (UPC). Days ago he wrote: “The German ratification of the Unified Patent Court (UPC) Agreement will most likely be postponed until September 2016 and be decisive for the Unitary Patent (UP) system to go live. Wouter Pors, partner of law firm Bird & Bird, has said this in an interview with Kluwer IP Law. Thirteen ratifications are needed for the new European patent system to start functioning, including those of France, the UK and Germany. So far eight countries, including France, have ratified.”

He was then citing the EPO’s mouthpiece, IAM ‘magazine’, as follows: “In a recent IAM report, it was pointed out that so far there have been no signs from Germany when it will ratify the UPC Agreement.”

IAM just keeps shaming Germany into it (at least thrice that we’ve noticed it so far). At the bottom it says: “Wouter Pors is one of the speakers at the Unitary Patent Package conference, 4 & 5 February 2016 in Amsterdam.”

This is a pro-UPC event sponsored by patent lawyers, notably NLO, “one of the larger European firms providing specialist advice in the field of intellectual property in all its aspects for more than 125 years,” according to the backers’ page.

It’s said to be costing about €1000 to attend, ensuring that all those in attendance will basically make it an echo chamber with no real diversity of views. It’s an event by lawyers, for lawyers, and for their richest clients (companies like IBM or Microsoft).

Remember that another pro-UPC event is sponsored by EPO through FTI Consulting, in addition to patent lawyers. IAM is organising this. They’re all working together to get more money for themselves and their rich clients (large multinational corporations) at the expense of everybody else. The patent system has a red tape or ribbon ensuring that everyone who interacts with it is pressured to pay a lawyer (as told by a recent SME story that we shared here).

As told yesterday by a patent lawyers’ site (linking to a recent paper), the patent bar (in the legal sense) has become a necessity for many. The abstract says that “the vast majority of lawyers cannot represent clients in the Patent Office. The paucity of critical debate regarding the size and structure of the Patent Bar is surprising given that innovators spend billions of dollars each year on legal services in the Patent Office.”

To quote from the paper (a few weeks old now): “many companies only hire patent attorneys with relevant experience in the appropriate technological area and don’t simply rely upon the “patent attorney” status as a total qualifier.”

All that patent mess and the altercations in court (or with examiners) is big business for non-producing actors, not inventors. The inventors are just the ones losing money. Who is this system really for? Seriously, speak to SMEs about their negative experiences with the EPO…

Watch what happened in this week’s CES tech show in Las Vegas, based on this new BBC report. To quote the reporter: “The officials confiscated all the company’s one-wheeled vehicles and took down its signs after a Silicon Valley-based rival filed a patent infringement claim.”

Yay, innovation!

It’s just like the Sisvel patent mafia situation [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13], only in the US this time around. They work for large corporations. Watch IAM defending this! They frame this as helping the ‘little guy’ or inventors, when obviously enough it’s exactly the opposite (the only ones agreeing with IAM are in the same business, e.g. Jeremy Phillips).

It’s not tactless and it’s not rude to point out who stands where. Florian Müller, for instance, appears to have officially flip-flopped back to truly opposing software patents and those who use these against Linux. Irrespective of his past (including payments from Microsoft), we should all welcome him back to the fight against software patents in Europe and elsewhere.
________
* After blocking many people who don't agree with them, IAM decided it was an exercise in futility (it cannot just magically halt public criticism) and is now unblocking all those who were banned, supposedly for the “new year” [1, 2, 3].

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. The EPO's Race to the Bottom in Recruitment and Early Retirements Explained by an Insider

    The European Patent Office under Battistelli is failing to attract -- and certainly failing to retain -- talented examiners



  2. Wouter Pors and Other UPC Boosters Believe That Repeating the Lies Will Potentially Make Them Truths

    The lobbying campaign for UPC, or hopeful lies (sometimes mere rumours) disguised as "news", continues to rely on false perceptions that the UPC is just a matter of time and may actually materialise this year



  3. The Patent Trial and Appeal Board (PTAB) is Utilised in Fixing the US Patent System and the Patent Microcosm Loses Its Mind

    A roundup of PTAB news, ranging from attacks on the legitimacy of PTAB to progress which is made by PTAB, undoing decades of overpatenting



  4. The Patent Trial and Appeal Board (PTAB) and the Federal Circuit (CAFC) Take on Patents Pertaining to Business Methods

    Patents on tasks that can be performed using pen and paper (so-called 'business methods', just like algorithms) and oughtn't be patent-eligible may be the next casualty of the America Invents Act (AIA)



  5. Google's Stewardship of GNU/Linux (Android, Chromebooks and More) in Doubt After Company Resorts to Patent 'First Strikes'

    Google has just turned a little more evil, by essentially using patents as a weapon against the competition (by no means a defensive move)



  6. Links 24/2/2017: Ubuntu 17.04 Beta, OpenBSD Foundation Nets $573,000 in Donations

    Links for the day



  7. IAM, Greased up by the EPO, Continues Lobbying by Shaming Tactics for the UPC, Under the Guise of 'News'

    The shrill and well-paid writers of IAM are still at it, promoting the Unitary Patent (UPC) at every opportunity and every turn



  8. Patent Scope Gone Awry: European Vegetable Patents Office?

    In its misguided race to raise so-called 'production', the EPO lost sight of its original goals and now facilitates patent royalty payments/taxation for naturally-recurring items of nature



  9. Yes, There is Definitely Brain Drain (Experience Deficit) at the European Patent Office and Stakeholders Feel It

    The direction that the European Patent Office has taken under Battistelli undoes many decades (almost half a century) of reputation-building and progress and naturally this repels existing staff, not to mention hampers recruitment efforts



  10. The Sickness of the EPO – Part IV: Cruel Management That Deliberately Attacks the Sick and the Weak

    The dysphoric reality at the European Patent Office, which is becoming like a large cell (with bolted-down windows) where people are controlled by fear and scapegoats are selected to perpetuate this atmosphere of terror and maintain demand (or workload) for the Investigative Stasi



  11. Links 23/2/2017: Qt 5.9 Alpha, First SHA1 Collision

    Links for the day



  12. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  13. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  14. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  15. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  16. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  17. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  18. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  19. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  20. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  21. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  22. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  23. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  24. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  25. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  26. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  27. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  28. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  29. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  30. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC


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