09.22.16

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Patent Law Firms, David Kappos, and IAM ‘Magazine’ Still Shelter Software Patents by Cherry-Picking and Lobbying

Posted in America, Deception, Patents at 5:50 pm by Dr. Roy Schestowitz

Ignoring the bulk of cases or inter partes reviews in order to advance their agenda

Many cherries

Summary: Amid the gradual collapse of software patents in the United States there are disingenuous efforts to bring them back or maintain a perception that these patents are still potent

FOLLOWING the CAFC-level McRO case we have seen a new wave of software patents lobbying. We last wrote about it in yesterday's sole article and prior to it we showed how McRO got exploited for software patents agenda by the patent microcosm [1, 2, 3]. We estimated that we would probably see it lasting for weeks in the media and indeed, even a week later we still see new examples. Fenwick & West LLP of Bilki Blog is promoting software patents using this decision and watch this sensationalist and misleading headline from Paul Hastings LLP (a truly gross generalisation). They are intentionally extrapolating/generalising while ignoring all the court outcomes that they don’t like (because it disproves their claims/marketing).

Judging by the article “Alice Ruling Limits Patentability of Business Processes”, David Kappos is still at it. He is a software patents lobbyist (he used to be an official, namely USPTO Director, but he is taking money from Microsoft and IBM these days). He bemoans Alice at every turn and here’s the latest talking point from him:

David Kappos, a former director of the patent office, is quoted by Bloomberg Businessweek saying that invalidation of patents is “out of control” and has “definitely gone too far. Important software innovations that are highly technical are being deemed unpatentable. You can get software patents allowed in both China and Europe that aren’t allowable in the U.S. anymore.”

Other proponents of software patents, sites like IAM for instance, cherry-pick data (in this case focusing on “most frequent filers”) to make PTAB progress look like it’s stalling, even when figures from MIP suggest otherwise. Fun with statistics; they’re being shaped based on one’s desired conclusion.

The loudest proponent of software patents, Gene Quinn, wrote many articles bashing PTAB and insulting PTAB. He also published quite a few article celebrating McRO and now he helps the coordinated effort to [cref 95347 belittle abuse (even fraud) by the USPTO. Such is the modus operandi of people with such an agenda. If only more Web sites bothered pointing this out…

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