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

03.10.16

Patents Roundup: Patent Trolls, Patent Reform, IAM’s Willful Ignorance, PTAB Paranoia, and Long Briefs

Posted in America, Patents at 12:38 pm by Dr. Roy Schestowitz

Underwear

Summary: A look at patent news from the United States, focusing primarily on patent trolls or software patents (the trolls’ weapon of choice)

Trolls’ Antics Spreading

“ServiceNow (NOW) stock rose Tuesday,” said this article, “with word out that it might be able to settle some of its patent litigation with privately held BMC Software, avoiding a trial scheduled to start Friday.”

“The cost of going to trial (plus all the appeals which typically ensue and moreover the duration which casts doubt and uncertainty) is greater than just settling.”This is what very often happens when it comes to software patents. The cost of going to trial (plus all the appeals which typically ensue and moreover the duration which casts doubt and uncertainty) is greater than just settling. That’s what gave rise to a lot of what’s now known as “patent trolls”, even though large companies with actual products do the same thing (our next post will deal with Microsoft, which even created a troll-like entity called “Microsoft Technology Licensing LLC”).

Patent Reform in the US

“In his Patently-O Patent Law Journal essay,” says this post, “James Daily reports the results of his investigation into the signatories to these open letters [regarding patent reform that focuses on patent trolls]. He finds, inter alia, that the signatories of the second letter are (1) more likely to be donors to the Republican Party and (2) more likely to be registered patent attorneys.”

“Republicans often stand for (or support) what’s good for large corporations, which also get represented by patent lawyers (hence they ‘trickle down’ money to them, at the expense of everybody else).”This is expected, but receiving a reminder that reinforces these expectation can be helpful. Republicans often stand for (or support) what’s good for large corporations, which also get represented by patent lawyers (hence they ‘trickle down’ money to them, at the expense of everybody else).

IAM Doesn’t Know What “Trolls” Are (Follow the Money)

Why do we still see so many patent trolls in the US? Why does the EPO’s management want to bring them over to Europe with the UPC? And why do friends of the EPO’s management (sites like IAM) take money to promote the UPC and to soften the image of trolls? Follow the money. It’s not hard.

“It’s pretty obvious that the Eastern District of Texas is friendly to trolls.”Consider this new article from friends of software patents who are also receiving money from patent trolls (and whose “Editor in chief” does not know how much money is being paid to by sponsors). Whenever they write about patent trolls they manage to not even to mention the word “troll” (because it might offend IAM’s parent company, as it’s paid by trolls). Here’s the latest example which says that “as Congress waits, the Court of Appeals for the Federal Circuit (CAFC) is set to tackle one of the most controversial aspects of patent infringement cases in the US – the thorny topic of venue shopping. Almost all sides of the reform debate can agree that it is not healthy in any legal system for a disproportionately large number of cases in any field to be heard by just one court and for one judge to hear so many. Last year, according to Lex Machina, 2,540 patent cases were filed in the Eastern District of Texas – 43.6% of the total suits brought in the US. Of those, 1,686 were filed with Judge Rodney Gilstrap. Regardless of Judge Gilstrap’s judicial skills, that lack of plurality does not paint the US patent system in a good light.”

Amazingly, the article does not say a thing about trolls. Astonishingly, they miss the strong correlation between the Eastern District of Texas, patent trolls, and even software patents.

“U.S. Supreme Court refused Monday to rehear arguments from Pi-Net International Inc., which saw its Federal Circuit appeal in a case against JPMorgan dismissed after it used formatting tricks to hide the fact the appeal brief was too long.”
      –Law 360
“Of course,” they added, “if the CAFC or Congress does severely stymie patent plaintiffs’ ability to bring cases in East Texas we might finally see whether patent owners flocked there not because the courts gave them such an easy hearing, but because it’s the only place in which they have been able to get a fair hearing.”

It’s pretty obvious that the Eastern District of Texas is friendly to trolls. It even openly advertises this, as covered widely in the press just weeks ago. How could IAM miss this crucial fact?

Fear of PTAB

The Intellectual Property Owners Association, which is essentially a lobbying group of the super-rich (not just any holder of patents), is trying to demolish previous reforms that introduced a court known for eliminating a lot of software patents, especially post-Alice. There is also the article “Fed. Circ.’s [CAFC] Embrace Of PTAB To Fuel More AIA Reviews”, which related to what we wrote two days ago.

Patents Keeping the Price of Ink Sky-High

To understand the wider impact of patent maximalism look no further than the Lexmark story, which continues to be the subject of lawyers’ analyses, e.g. [1, 2, 3, 4] in recent days.

Too Much Work? Inadmissible!

We couldn’t help but notice this new article which says that the “U.S. Supreme Court refused Monday to rehear arguments from Pi-Net International Inc., which saw its Federal Circuit appeal in a case against JPMorgan dismissed after it used formatting tricks to hide the fact the appeal brief was too long.”

A lot can be said about this, either about the cheeky lawyers who disguised the length of the brief or the court which judges based on the number of words (rather than merit).

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. Bribes, Lies, Fundamental Violations of the Law and Cover-Up: This is Today's European Patent Office

    It has gotten extremely difficult to hold the conspirators accountable for turning Europe’s patent office into a ‘printing machine’ of the litigation industry and amassing vast amounts of money (to be passed to private, for-profit companies)



  2. The Free Software Foundation (FSF) Lost Almost Half (3 Out of 8) Board Members in Only One Month

    As the old saying goes, a picture (or screenshot) is worth a thousand words



  3. IRC Proceedings: Wednesday, October 16, 2019

    IRC logs for Wednesday, October 16, 2019



  4. Startpage and System1 Abuse Your Privacy Under the Guise of 'Privacy One Group'

    Startpage has sold out and may have also sold data it retained about its users to a privacy-hostile company whose entire business model is surveillance



  5. Links 16/10/2019: Halo Privacy, Ubuntu Release Imminent

    Links for the day



  6. IRC Proceedings: Tuesday, October 15, 2019

    IRC logs for Tuesday, October 15, 2019



  7. No, Microsoft is Not an 'Open Source Company' But a Lying Company

    The world’s biggest proprietary software companies want to be seen as “open”; what else is new?



  8. Meme: Setting the Record Straight

    Stallman never defended Epstein. He had called him “Serial Rapist”. It’s Bill Gates who defended Epstein and possibly participated in the same acts.



  9. EPO Staff Resolution Against Neoliberal Policies of António Campinos

    “After Campinos announced 17 financial measures,” a source told us, “staff gathered at multiple sites last week for general assemblies. The meeting halls were crowded. The resolution was passed unanimously and without abstentions.”



  10. Satya Nadella is a Distraction From Microsoft's Real Leadership and Abuses

    "I’m merely wondering if his image and accolades that we’re incessantly bombarded with by the press actually reflect his accomplishments or if they’re being aggrandized."



  11. Raw: EPO Comes Under Fire for Lowering Patent Quality Under the Orwellian Guise of “Collaborative Quality Improvements” (CQI)

    Stephen Rowan, the President’s (António Campinos) chosen VP who promotes the notorious “Collaborative Quality Improvements” (CQI) initiative/pilot, faces heat from the CSC, the Central Staff Committee of the EPO



  12. Making The Most of The Fourth Age of Free Software

    "For better or for worse, we can be certain the Free Software Foundation will never be the same."



  13. FSF is Not for Free Speech Anymore

    The FSF gave orders to silence people



  14. Links 16/10/2019: Plasma 5.17.0, Project Trident Moves to GNU/Linux, NuTyX 11.2

    Links for the day



  15. ...So This GNU/Linux User Goes to a Pub With Swapnil and Jim

    It's hard to promote GNU/Linux when you don't even use it



  16. How to THRIVE, in Uncertain Times for Free Software

    "The guidelines are barely about conduct anyway, they are more about process guidelines for "what to do with your autonomy" in the context of a larger group where participation is completely voluntary and each individual consents to participate."



  17. When They Run Out of Things to Patent They'll Patent Nature Itself...

    The absolutely ridiculous patent bar (ridiculously low) at today’s EPO means that legal certainty associated with European Patents is at an all-time low; patents get granted for the sake of granting more patents each year



  18. EPO Boards of Appeal Need Courage and Structural Disruption to Halt Software Patents in Europe

    Forces or lobbyists for software patents try to come up with tricks and lies by which to cheat the EPC and enshrine illegal software patents; sadly, moreover, EPO judges lack the necessary independence by which to shape caselaw against such practices



  19. Professor Dr. Maximilian Haedicke on Lack of Separation of Powers at the EPO (Which Dooms UPC)

    Team UPC (“empire of lies”) is catching up with reality; no matter how hard media has attempted to not cover EPO scandals (after the EPO paid and threatened many publishers that tried), it remains very much apparent that EPOnia is like a theocracy that cannot be trusted with anything



  20. As Expected, the Bill Gates Propaganda Machine is Trying to Throw/Put Everyone off the Scent of Jeffery Epstein's 'Incestuous' Ties With Gates

    Media ownership up on display; it's amplifying false claims for a whole month, whereas truth/correct information gets buried before a weekend is over



  21. IRC Proceedings: Monday, October 14, 2019

    IRC logs for Monday, October 14, 2019



  22. [ES] El Kernel de Linux está introduciendo Open Source Privative Software

    Linux, el kernel, continúa su trayectoria o el camino hacia convertirse en software propietario de código abierto (OSPS).



  23. Linux Foundation Board Meeting

    More sponsored keynotes and tweets — like more sponsored articles (or “media partners”) — aren’t what the Linux Foundation really needs



  24. Links 14/10/2019: Linux 5.4 RC3, POCL 1.4, Python 3.8.0

    Links for the day



  25. This Week Techrights Crosses 26,000 Posts Milestone, 3 Weeks Before Turning 13 (2,000+ Posts/Year)

    A self-congratulatory post about another year that's passed (without breaks from publishing) and another milestone associated with posting volume



  26. No Calls to "Remove Gates" From the Board (Over a Real Scandal/Crime), Only to "Remove Stallman" (Over Phony Distraction From the Former)

    Jeffrey Epstein's connections to Bill Gates extend well beyond Gates himself; other people inside Microsoft are closely involved as well, so Microsoft might want to cut ties with its co-founder before it becomes a very major mess



  27. “The Stupidest [Patent/Tax] Policy Ever”

    It’s pretty clear that today’s European patent system has been tilted grossly in favour of super-rich monopolists and their facilitators (overzealous law firms and ‘creative’ accountants) as opposed to scientists



  28. Meme: Software Patents at the EPO

    The evolution of “technical effect” nonsense at the EPO



  29. IRC Proceedings: Sunday, October 13, 2019

    IRC logs for Sunday, October 13, 2019



  30. Firm of Microsoft's Former Litigation Chief Uses Microsoft-Connected Patent Lawsuit Against GNU/Linux (GNOME Foundation) for New Breed of FUD Campaigns

    The patent troll of Bill Gates and Nathan Myhrvold has fed a patent troll that's attacking GNU/Linux and a firm owned by Microsoft's former litigation chief says it proves "Open Source Software Remains a Target"


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