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

02.04.16

The Siege Continues: Patent Lawyers Want More Patents, Including Software Patents, In Spite of Alice

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

Patent peace (or absence of patent conflict) an existential threat to some…

Threat of Peace
Image source: Threat of Peace

Summary: Lawyers who make money from patent disputes make rather apparent their aspirations, which include patent saturation even in domains that are patents-exempt

WE are often reminded of the sharp contrast, separation or distinction between practicing and non-practicing (or parasitic) elements in today’s industry. This isn’t just limited to software. Some people make money from making technology and some try to make money from writing about it, talking about it, or taxing it. The latter group isn’t even capable of making technology. It’s professionally trained to babble and fool judges (or examiners), not to make factual statements (or commands/instructions) so as to make machines accomplish a task.

This week we still see EPO-funded media and other such patents-centric ‘news’ sites writing about “Africa IP” (as if Africa has anything to gain from ‘IP’, which is mostly used to pillage and plunder Africans) and give bogus ‘awards’ to law (litigation) firms that charge many hundreds of dollars per hour (even dentists, private medical specialists and prostitutes would not charge this much). We cannot help but feel that there’s a silent war between those capable of scientific and technological progress and those who just try to exploit those people. Sadly, a lot people inside the former group don’t even realise that there’s this war going on. A lot of the public does not understand why prices are artificially elevated to absurd levels.

“We cannot help but feel that there’s a silent war between those capable of scientific and technological progress and those who just try to exploit those people.”Yesterday we saw even universities getting dragged into this war. Well, “the NPE known as Columbia University” is what Dennis Crouch called the university, perhaps humorously implying it was little more than a troll in this case. To quote Crouch: “Symantec argued that the term “byte sequence feature” includes more than merely machine code instructions, and also extends to other non-compiled elements of an executable attachment. On appeal, the Federal Circuit rejected that argument — finding that the specification indicates that the byte sequence feature “represents the machine code in an executable.” The court also found that the machine-code limitation “most naturally aligns” with the inventor’s description of his invention.”

Notice that it’s unambiguously about software patents. They’re dealing with processing of commands/instructions by a general-purpose machine. Why should this be taken for granted? Who benefits from these patents?

Media of patent lawyers is often (but not always) wrongly assumed to be more accurate because it is authored by the “pros” (law professionals). Well, quid pro quo sure is a “pro”. “Quid pro quo,” as Wikipedia puts it, “means an exchange of goods or services, where one transfer is contingent upon the other. English speakers often use the term to mean “a favour for a favour”; phrases with similar meaning include: “give and take”, “tit for tat”, and “you scratch my back, and I’ll scratch yours”.”

“Media of patent lawyers is often (but not always) wrongly assumed to be more accurate because it is authored by the “pros” (law professionals).”Months ago and even a year ago we showed that patent lawyers still refuse to understand Alice because it's a threat to their livelihood. What they say is simply what’s good for them. Yesterday I stumbled upon the stupidest headline I’ve seen in a long time about Alice. It was published in the National Law Journal and the headline said: “After ‘Alice,’ Are Software Patents the Answer?” (behind paywall, so I cannot read the rest)

Well, no, they’re a problem, not the answer.

It’s so often that we find patent lawyers lecturing other patent lawyers on how to get around rules that exclude many software patents, effectively fooling patent examiners. Here is an example from yesterday [1, 2], including an example from Europe. A false dichotomy is presented in the latter with the headline “Software patents in Germany: Should you file with the EPO or the German Patent Office?”

“Remember when the EPO granted Apple patents which were later ruled (in the courts) invalid?”How about neither? Is that even an option in the eyes of patent lawyers?

Another new article by Dennis Crouch said that SCOTUS would soon deal with more patent cases, just like Alice, which was truly a game changer. to quote Crouch: “With Washington DC snowed-in, action within the Supreme Court has also been somewhat slow. Briefing is now complete in ePlus v. Lawson. In that case, a district court originally held an adjudged infringer in contempt-of-court for refusing to comply with its injunction order. Following the contempt order, the USPTO independently cancelled the patent claims and, at that point, the Federal Circuit vacated both the injunction and the contempt order.”

“At this point, with a few exceptions, it’s nearly impossible to find the patents that your company might infringe and analyze them.”
      –Matt Levy, Patent Counsel at CCIA
According to the aforementioned maximalists: “PTAB Data and Analysis: the IPR count ticked past the 4,000 mark in January, which also saw the first challenge to an Apple patent, the USPTO deeming two decisions precedential, a case showing the dangers of a motion to amend, and an ironic Federal Circuit ruling on an IPR appeal”

Remember when the EPO granted Apple patents which were later ruled (in the courts) invalid? We quite liked this statement from a lawyer who had just admitted: “At this point, with a few exceptions, it’s nearly impossible to find the patents that your company might infringe and analyze them.”

That’s what patent maximalism leads to. But it’s good for patent lawyers. The greater the mess they help generate, the more money they make. It’s time for engineers to regain control and say to patent lawyers where they can go.

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. What Happened to Docker is a Cautionary Tale About the Not-So-New Microsoft

    It’s hardly shocking that Docker collapsed (mass-scale layoffs) after the company had gotten close to Microsoft and got rid of its very own founder (a Red Hat veteran) while the software is being killed off/co-opted by Microsoft (all over the news this week; we’ve omitted links by intention as it’s only puff pieces, no investigative journalism anywhere); we only ask one thing: is anyone paying attention and, if so, what are the lessons learned?



  2. If You Want to Support and Follow Us 'Properly', Really Simple Syndication (RSS) is Most Reliable and Robust to Censorship

    Our longstanding position on social control media (we reject it and don't participate in it) is only proven ever more justified now that the mere idea of fact-checking is seen as controversial if not illegal



  3. Links 29/5/2020: Genode OS 20.05 and FSF Video Conferencing Service

    Links for the day



  4. IRC Proceedings: Thursday, May 28, 2020

    IRC logs for Thursday, May 28, 2020



  5. Weaponised Media Promoting an Illegal Patent System (UPC), Exploiting Major Pandemic in the Process

    The whole 'unitary' scam/ploy (merely a Trojan horse for litigation and low-quality/invalid patents) is being promoted by Thierry Breton as EU Internal Market Commissioner (in spite of illegalities and constitutional issues), merely reinforcing the view that the EU is rather complicit in the abuses perpetrated by Team Battistelli; the media in the pockets of oligarchs and litigation firms (fronting for these oligarchs) plays along, as usual



  6. Links 28/5/2020: OpenSSH 8.3, New Mesa Release, Raspberry Pi 4 News, Fedora 32 Elections

    Links for the day



  7. The EPO Became a Very Radical Institution

    Projection tactics are doomed to say more about the people who utilise them than about anybody else; the EPO has become so autocratic and corrupt that corruption is seen as normal and workers who explain this corruption are framed as "irrational" or "crazy" or "radical"



  8. IRC Proceedings: Wednesday, May 27, 2020

    IRC logs for Wednesday, May 27, 2020



  9. Allegations That Microsoft Will Ruin Besieged Clinics and Hospitals to Retaliate Against Those Who Name the Culprit

    With a broader picture coming into view, as per the above index, we're starting to wrap up the series while issuing a call for more stories and eyewitness testimonies, exposing the nature of attacks on hospitals (those almost always target Microsoft and others' proprietary software, which is technically unfit for purpose)



  10. Microsoft Has Ideas...

    Based on the pattern of media coverage, composed by Microsoft MVPs and Microsoft-affiliated blogs/sites, confusing the public about the meaning of GNU/Linux is reminiscent of an "Extend" phase



  11. ZDNet Proves Our Point by Doing Not a Single Article About Linux (RC7), Only About Linus and Windows Clickbait Junk

    It seems abundantly clear that nobody wants to cover the actual news about Linux and instead it’s all about which PC Linus Torvalds is using (gossip/tabloid); ZDNet‘s latest two articles are an example of this…



  12. UPC Lies That Make One Laugh...

    IP Kat and Bristows (overlaps exist) are still pretending that the UPC is coming because reality doesn’t seem to matter anymore, only self-serving agenda



  13. Canonical Continues to Help Promote Windows Instead of GNU/Linux or Ubuntu

    Thrice in the past week alone Canonical used the official “Ubuntu Blog” to help Microsoft instead of GNU/Linux and it is part of a disturbing trend which lends credibility to jokes or rumours about a Microsoft takeover; it's not like many people use this thing, either (Canonical helps Microsoft shore up a dying/languishing EEE attempt)



  14. Links 27/5/2020: CoreOS Container Linux Reaches Its End-Of-Life, 2020 GNOME Foundation Elections Coming

    Links for the day



  15. IRC Proceedings: Tuesday, May 26, 2020

    IRC logs for Tuesday, May 26, 2020



  16. GNEW Seedlings vs. Free Software Deforestation

    “The idea of the GNEW Project really is about keeping the goals of the GNU Project alive — hopefully, they won’t destroy or co-opt too much of the GNU Project, that people like the Hyperbola devs can’t fix it with BSD.”



  17. Joi Ito Already Admitted on the Record That Bill Gates Had Paid MIT Through Jeffrey Epstein

    An important exhibit for the accurate historical record (because MIT has been trying to deny truth itself)



  18. It's Convenient to Call All Your Critics Nuts and/or Jealous

    Bill Gates antagonists are not motivated by hatred or jealousy but a sense of injustice; spoiled brats who break the law aren’t a source of envy any more than mass murderers are subject of admiration



  19. Real History of Microsoft and How It Became 'Successful'

    New video that contains a portion about the history of Microsoft -- the part paid-for 'journalists' (paid by Microsoft and Bill Gates) rarely or never speak about



  20. Hostility and Aggression Towards Staff That Does Not Use Windows After Windows Takes Entire Hospital Down

    Microsoft Windows, with NSA back doors, continues to take hospitals offline (with records copied by criminals if not stolen by effectively locking the originals out of reach for ransom money); but guess who’s being punished for it…



  21. They Came, They Saw, We Died...

    It cannot be overstated that we're under attack (or a "Jihad" against Linux as Bill Gates himself put it) and failing to act upon it will be costly as time may be running out and our groups are being 'bought off' by Microsoft in rapid succession, as per the plan/strategy



  22. The GitHub Takeover Was an Extension of Microsoft's War on GPL/Copyleft (Because Sharing Code to Anyone But Microsoft is 'Piracy')

    Licences that make it easier for Microsoft to 'steal' (or a lot harder for Free software to compete against proprietary software) are still being promoted by Microsoft; its GitHub tentacles (see GitHub's logo) further contribute to this agenda



  23. ZDNet is Totally a Microsoft Propaganda Machine

    The site ZDNet has become worse than useless; it lies, defames and launders the reputation of famous criminals (that's the business model these days)



  24. When Microsoft's Mask Falls (or When Times Are Rough)

    Microsoft loves Linux in the same sense that cats love mice (they might play with them until they get hungry)



  25. Careers in Free Software Aren't Careers in the Traditional Sense

    With historic unemployment rates and people 'stranded' inside their homes there's still demand and need for technology; these times of adaptation present an opportunity for Software Freedom



  26. Embrace, Extend, Extinguish 2020 Edition

    Embrace, Extend, Extinguish (E.E.E.) is alive and well, but the corrupt (paid by Microsoft) media isn't talking about it anymore; in fact, it actively cheers and encourages people/companies to enter the trap



  27. Links 26/5/2020: SHIFT13mi GNU/Linux Tablet, Linux Kodachi 7.0 and Some Qt Releases

    Links for the day



  28. EPO Propaganda on Steroids (or on EPO)

    What EPO management is saying and what is actually happening



  29. Breton (EU) 'Joins' Team UPC to Help His Buddy Battistelli... Again

    As expected, Breton acts as little but an EPO tool, looking to prop up supremacy of patent litigation over science and innovation



  30. Removing Free/Libre Software as an Inadequate Response to Microsoft Windows (With Back Doors) Getting Compromised, Killing People

    GNU/Linux takes the blame (in a sense) for incidents that are purely the fault of Microsoft and its deficient software with deliberate back doors; it's believed that this boils down to opportunistic retaliation against those looking for a solution to the problem (or merely speaking about the problem)


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