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

04.18.16

Say the Truth About the US Patent System, Get Attacked by the Patent Propaganda Machine (Disguised as Press)

Posted in America, Patents at 6:17 am by Dr. Roy Schestowitz

His only ‘crime’ (which brought/attracted publicity punishment) is that he sought patent reform

Darrell Issa
Photo in the public domain, via Wikipedia

Summary: Darrell Issa (photographed above) comes under attacks from boosters of software patents, apologists of patent trolls (often funded by them), and patent maximalists because he correctly insinuated that (most) plaintiffs are like patent trolls in the United States

In the US, a lot of plaintiffs are patent trolls. These patent trolls use software patents that would be ruled invalid if brought before the courts. There’s no denying it, just look at the widely available statistics and then consider money extracted outside the courts (like ‘protection money’) and without the media even being informed (secrecy demanded by the racketeer). The USPTO keeps granting twice as many patents as one decade ago. No quality control seems to be in place, at least no effective control of quality (92% of applications wind up being accepted). These new figures from Patently-O, which cover a particular kind of patents, reinforce this. They completely reaffirm or fit the pattern and as IP Kat has just put it, “the patent system is inimical to innovative activity, at a time where innovation is seen as in decline.”

“These patent trolls use software patents that would be ruled invalid if brought before the courts.”The US patent system is now dominated more by parasites than by innovators. It’s a real issue. But those who insinuate this or ‘dare’ to point it out come under severe attacks, especially if they’re influential. Blowhard Gene Quinn (whom we often called WatchTroll for various reasons) leads the pack in these attacks.

“Congressman Issa calls patent trolls and plaintiffs interchangeable during ITC hearing,” he wrote in Twitter, linking to an article with the same headline. This whole article is based on a small spoken portion which said, “for purposes of my opening statement ‘plaintiff’ and ‘troll’ will be interchangeable.”

This seems like convenient framing for abbreviation when time is limited (a hearing), but watch how far Gene Quinn took this, defending the ITC’s embargo policies and defending patent trolls by targeting Darrell Issa, i.e. the messenger. These are the expected personal attacks on him from Quinn (for ‘hypocrisy’), in the same way he attacked Mark Cuban (over Vringo investment), who’s trying to demolish software patents.

“The US patent system is now dominated more by parasites than by innovators.”“Finally we get the truth,” IAM wrote (Gene Quinn being praised by IAM says a lot about IAM). “According to reform proponents a patent troll is any entity that seeks to enforce a patent” (because patent maximalists, propagandists, and proponents of software patents have agenda, which includes top enforcers of software patents, namely patent trolls).

Soon to join the above was a Bristows [1, 2] employee (UPC and software patents booster) who wrote: The Subcommittee is Chaired by Congressman Darrell Issa (R-CA), who has been an outspoken advocate for the need for more patent reform in order to provide relief from those he believes are abusing the patent litigation system — those sometimes called patent trolls. Indeed, from the start of the Thursday’s hearing, the debate regarding patent infringement at the ITC was couched in the language of the patent troll debate. For example, during his opening statement Congressman Issa rather imperiously stated: “for purposes of my opening statement ‘plaintiff’ and ‘troll’ will be interchangeable.”

“There is an agenda to drive and combing/cherry-picking the words of this agenda’s antagonists is a commonly-used tool.”The strategy of nitpicking a brief statement (where brevity was achieved in the above-stated fashion) is rather common these days. There is an agenda to drive and combing/cherry-picking the words of this agenda’s antagonists is a commonly-used tool. I frequently saw it done online to incite against Techrights (misrepresentation of the site’s positions).

Incidentally, and not too surprisingly (it was inevitable), IAM ‘magazine’ joins the lobbyist David Kappos (funded by IBM, Microsoft, Apple etc.) in attacking challenges to software patents in the US. To quote an article from this weekend (insisting that “something needs to be done about [section] 101″:

Earlier this week former USPTO Director David Kappos doubled down on his long-time criticism of the recent case law and called for the abolition of 101. Speaking at the Federal Circuit Judicial Conference he reportedly compared the situations in the US with Europe and Asia. “It’s time to abolish Section 101 and the reason I say that is that Europe doesn’t have 101 and Asia doesn’t have 101 and they seem to be doing just fine in constraining patent eligible subject matter,” he commented.

Such is the uncertainty around 101 in both the high tech and biotech fields, thanks to the Supreme Court’s decisions in a series of cases including Alice Corp v CLS Bank and Mayo v Prometheus, that Kappos’s concerns are shared by many patent owners. His worries around 101 have evolved over recent years. On a panel at the AIPLA annual conference in 2014 he claimed that the case law had moved far beyond the original meaning of the statute. He strengthened his arguments in a speech he gave at the LeadershIP event in 2015 when he noted that despite the uncertainty, 101 reform did not feature in the debates around patent legislation.

IAM is a mouthpiece for patent lawyers, large corporations that rely on software patents, and basically those who are paying IAM. Megaphone for those interests is what IAM has become. It’s not a news site. It’s agenda dressed up as ‘news’.

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 23/3/2017: Qt 5.9 Beta, Gluster Storage 3.2

    Links for the day



  2. The Administrative Council of the European Patent Organisation Has Just Buried an Innocent Judge That Battistelli Does Not Like

    An innocent judge (never proven guilty of anything, only publicly defamed with help from Team Battistelli and dubious 'intelligence' gathering) is one of the forgotten casualties of the latest meeting of the Administrative Council (AC), which has become growingly complicit rather than a mere bystander at a 'crime' scene



  3. Nepotism at the European Patent Office and Suspicious Absence of Tenders for Big Projects

    Carte blanche is a French term which now perfectly describes the symptoms encountered in the European Patent Office, more so once led by a lot of French people (Battistelli and his friends)



  4. “Terror” Patent Office Bemoans Terror, Spreads Lies

    Response to some of the latest utterances from the European Patent Office, where patently untruthful claims have rapidly become the norm



  5. China Seems to be Using Patents to Push Foreign Companies Out of China, in the Same Way It Infamously Uses Censorship

    Chinese patent policies are harming competition from abroad, e.g. Japan and the US, and US patent policy is being shaped by its higher courts, albeit not yet effectively combating the element that's destroying productive companies (besieged by patent trolls)



  6. 22,000 Blog Posts

    A special number is reached again, marking another milestone for the site



  7. The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

    The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)



  8. EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

    The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly



  9. Protectionism v Sharing: How the US Supreme Court Decides Patent Cases

    As the US Supreme Court (SCOTUS) starts delivering some decisions we take stock of what's to come regarding patents



  10. Links 22/3/2017: GNOME 3.24, Wine-Staging 2.4 Released

    Links for the day



  11. The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

    The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole



  12. The Photos the EPO Absolutely Doesn't Want the Public to See: Battistelli is Building a Palace Using Stakeholders' Money

    The Office is scrambling to hide evidence of its out-of-control spendings, which will leave the EPO out of money when the backlog is eliminated by many erroneous grants (or rejections)



  13. In the US Patent System, Evolved Tricks for Bypassing Invalidations of Software Patents and Getting Them Granted by the USPTO

    A roundup of news about patents in the US and how the patent microcosm attempts to patent software in spite of Alice (high-impact SCOTUS decision from 2014)



  14. “Then They Came For Me—And There Was No One Left To Speak For Me.”

    The decreasing number of people who cover EPO scandals (partly due to fear, or Battistelli's notorious "reign of terror") and a cause for hope, as well as a call for help



  15. As Expected, the Patent Microcosm is Already Interfering, Lobbying and Influencing Supreme Court Justices

    The US Supreme Court (SCOTUS) is preparing to deliver some important decisions on cases with broad ramifications, e.g. for patent scope, and those who make money from patent feuds are attempting to alter the outcome (which would likely restrict patent scope even further, based on these Justices' track record)



  16. Intellectual Ventures -- Like Microsoft (Which It Came From) -- Spreads Patents to Manifest a Lot of Lawsuits

    That worrisome strategy which is passage of patents to active (legally-aggressive) trolls seems to be a commonality, seen across both Microsoft and its biggest ally among trolls, which Microsoft and Bill Gates helped create and still fund



  17. What the Patent Microcosm is Saying About the EPO and the UPC

    Response to 3 law firms and today's output from them, which serves to inform or misinform the European public at times of Big Lies and fog of (patent) war, revealing the true nature of 21st century asymmetric patent warfare and lobbying



  18. Tough Day for the EPO's Media/Press/PR Team, Trying 'Damage Control' After Important Techrights Publications

    In an effort to save face and regain a sense of legitimacy the EPO publishes various things belatedly, and only after Techrights made these things publicly known and widely discussed



  19. Links 21/3/2017: PyPy Releases, Radeon RX Vega, Eileen Evans at Linux Foundation

    Links for the day



  20. In IAM, Asian Courts That Deliver Justice Are “Unfriendly” and Asian Patent Trolls Are Desirable

    Rebuttal or response to the latest pieces from IAM, which keeps promoting a culture of litigation rather than sharing, collaboration, negotiation, and open innovation



  21. At EPO “I Have the Feeling That Lowering Quality is Part of a Concerted Plan.”

    Growing concern about patent quality at the EPO -- a subject which causes managers to get rather nervous -- is now an issue at the forefront



  22. EPO Reduces the World to Just Seven Nations to Bolster an Illusion of Growing 'Demand' for European Patents

    The unscientific -- if not antiscientific -- attitude of the European Patent Office (EPO) continues to show with the arrival of yet more misleading 'infographics' (disinfographics would be a more suitable term)



  23. Letter to Angela Merkel Expresses Concerns About Impact of EPO Scandals on Germany and Its Image

    Dr. Angela Merkel, arguably the most powerful woman in the world, is being warned about the consequences of Germany ignoring (and hence facilitating) the abuses of Benoît Battistelli



  24. EPO Caricature: Low Patent Quality Not an Achievement

    A new cartoon about the legacy of Battistelli, which ruins both inventors and staff (examination) while handing money to abusers



  25. Are Lithuania and Latvia the Latest Additions to the List of Benoît Battistelli's Vassal States?

    Benoît Battistelli's 'back room' deals came at an interesting, strategic time and the Office uncharacteristically kept quiet about these



  26. Links 20/3/2017: Linux 4.11 RC3, OpenSSH 7.5 Released

    Links for the day



  27. Supposedly 'Pampered' Prisoners Are Still Prisoners of the EPO

    Response to those gross and familiar attempts to portray patent examiners, not politicians who trample all over them, as the cause of all the problems at the EPO



  28. Insulting Reversal of Narratives at the EPO: Team Battistelli as the Victim

    At times of great oppression against staff, in clear defiance of the law in fact, journalists are being asked (or expected) to view the oppressor as the victim, even when this oppressor drives people to suicide



  29. Battistelli's EPO Copies China -- Not the US -- When it Comes to Patenting Software and Expanding Patent Scope

    A detailed explanation of some of the latest reports from China and the US, serving to show that one opens up to software patents whereas the other shuts the door on them (and guess whose lead the EPO is taking)



  30. What IAM Says About AST, RPX, Ericsson, and IBM

    IAM, the trolls' mouthpiece (also the EPO's mouthpiece, but that's another story), provides updates on trolls and troll-like entities, but further commentary is needed to clarify and counterbalance the promotional language


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