Bonum Certa Men Certa

Software Patents Propped Up by Patent Law Firms That Are Lying, Further Assisted by Rogue Elements Like David Kappos and Randall Rader (Revolving Doors)

It's not alleged infringers who resort to foul play but those who game the system to classify everyone and everything "infringer" (so as to tax everyone and everything)

Randall R. Rader
Photo from Reuters



Summary: The sheer dishonesty of the patent microcosm (seeking to bring back software patents by misleading the public) and those who are helping this microcosm change the system from the inside, owing to intimate connections from their dubious days inside government

“The district court found all of Sprint’s asserted claims invalid as indefinite under 35 U.S.C. €§ 112, €¶ 2.”



This is one among various new stories which speak of the tightening of patent scope in the USPTO or outside of it, i.e. the kind of stories that patent law firms don't want the public to see. It's not good for lawyers' business. The stories patent lawyers refuse to cover are notably stories where CAFC smashes software patents to pieces with Alice (or €§101) as the basis (it happens almost all the time). How can they overlook so many cases which involve either PTAB or the courts? Are they that biased and dishonest? Yes, apparently they are. Here is another case covered this past week by Patently-O. It says that CAFC "affirms that Affinity’s challenged claims invalid as directed to an abstract idea. when “stripped of excess claim verbiage”, Claim 1 of U.S. Patent No. 7,970,379 “is directed to a broadcast system in which a cellular telephone located outside the range of a regional broadcaster (1) requests and receives network-based content from the broadcaster via a streaming signal, (2) is configured to wirelessly download an application for performing those functions, and (3) contains a display that allows the user to select particular content.” Slip opinion."

"Even today, on a weekend, McRO still pops up in news feeds."A few articles that we mentioned before, e.g. [1, 2], continue to resurface in news feeds along with others (new ones [1, 2, 3, 4]), serving to distract from cases like the above. The patent microcosm in the US is still trying to resurrect software patents and misleading or selective coverage seems to have become the means, as was the case earlier this year with Enfish. The cherry-picking involves even two patent lawyers at Watchtroll -- a site which blasts the UN for what it calls an "Attack on Patents", dubbing the UN's report "fundamentally flawed" because it's not good for maximalists. We're not sure whether to laugh or cry because in the eyes of these people patent scope is just a nuisance or a travesty, rather than the thing which serves to legitimise the patent system and sometimes even protect investment in research (not the case when it comes to particular domains). At the middle of the month we said that software patenting proponents can go on for weeks milking McRO [1, 2] and this is exactly what is still happening (for nearly a fortnight now). Even today, on a weekend, McRO still pops up in news feeds. Why just McRO and why not the many other CAFC cases which deemed software patents invalid? That's part of their propaganda tactics. It's sad and we challenge anyone out there to prove that it's untrue.

"Just more wishful thinking from patent maximalists looking for the right moment to stack statistics and issue some self-serving, deceiving statements."A patent attorney who promotes software patents (and confronted yours truly on the subject before hiding behind a block) relies on small sample set of just 4 (yes, four!) to lie about the status quo. The other day he wrote: "Over the past 2 weeks, District Courts have denied motions to dismiss patent infringement cases based on 101/Alice 3X and granted 1X."

Based on that tiny sample set he said: "We may be seeing the beginning of the end of the patent slaughter by Alice. It will take awhile for the USPTO to catch up."

Are these patents (on software) coming back? Not by a long shot. Just more wishful thinking from patent maximalists looking for the right moment to stack statistics and issue some self-serving, deceiving statements. Same as Team UPC (see proponents of the UPC having a go again this weekend, e.g. in the IP Kat's comments [1, 2, 3], copying in their Google Plus posts into IP Kat while repeating the old tired talking points).

"They hope to attract more business, i.e. patent applications, litigation, etc."The patent microcosm (both in the EU and the US) continues to lobby for its own interests and lies about all sorts of things. This leads us to the assumption that patent lawyers can be dishonest to the extreme and that their assessments of the status quo are more like shameless self-promotion, not objective advice. They pretend not to see what they prefer not to see. They are not helping clients, they are misleading them. They hope to attract more business, i.e. patent applications, litigation, etc.

The McRO hype one sees in the media this month is in vain; it was the same with Enfish. It barely changed anything at all. Even proponents of software patents (for many years now) -- those who do not necessarily gain financially from them (as they just write about the topic) -- go with the headline "Despite the CAFC’s recent 101 decisions don’t expect a deal frenzy or rapid rises in patent values". To quote this article from the end of last week:

Over the summer, the Court of Appeals for the Federal Circuit (CAFC) issued three decisions in software patent cases which, collectively have resolved some of the questions hanging over just what is eligible for patent protection. The most recent decision, McRO (dba Planet) v Bandai Namco Games America which was issued last week, has made arguably the biggest impression on the patent-owning community. Microsoft’s IP head Erich Andersen declared in a blog post that the decision “strengthened the law related to software patent eligibility under Section 101 of the Patent Act”.


Now bear in mind that's what IAM says. It is typically amplifying Microsoft and their former 'IP' people (heck, their entire online system is heavily/purely Microsoft-based, which is rather unusual in this area of computing). Even IAM does not believe that McRO is going to change much. Regarding the person they cite, we have mentioned the above from Erich Andersen at least thrice since the McRO decision, noting that it proves just how much Microsoft pushes for software patents (even paying a lobbyist, David Kappos, for this purpose). Has David Kappos already registered as a corporate lobbyist? If not, he should. It would embarrass the USPTO for sure, but disclosure requirements for public officials are imperative. Is the USPTO's pension plan so appalling that former officials need to turn into lobbyists for money (corrupting influence)?

"Even IAM does not believe that McRO is going to change much."Speaking of corrupting influence, Randall Rader, the corrupt CAFC judge (we wrote about it before), joins the industry after he left (or was ejected) in disgrace. Systemic corruption doesn't get any worse than this...

Here is what IAM wrote about the subject:

It’s all happening at China’s latest high-tech darling LeEco - one of the country's fastest growing brands. Recently, it has pulled off a series of apparent coups as it continues to shore up its IP credentials ahead of expansion at home and abroad. But it also seems that one high-profile name has left the company after a matter of months.

Randall Rader, former chief judge of the US Court of Appeals for the Federal Circuit and one of the world’s most renowned IP jurists, signed a “strategic cooperative agreement” with LeEco while visiting the company’s headquarters in Beijing, according to a report yesterday from Beijing-based IP agents firm Sanyou.

Speaking to IAM, a spokesperson for LeEco’s IP department confirmed that Rader will be formally collaborating with the firm, but could not give further details; so, we’ll have to wait for more information on his role. When Rader quit the CAFC back in June 2014, China, and the Asia-Pacific region more broadly, featured significantly in his post-retirement plans. What exactly he will bring to the company isn't clear. Perhaps his participation points to a belief on the part of LeEco management that they could potentially be involved in a lot of litigation once they enter the US market in earnest. Alternatively (or additionally), Rader is well-known as an IP teacher, so could be working with LeEco IP personnel to bring them up to speed with key international issues and doing in-depth training.


Recall articles of ours like "The Corrupt Judge Rader (of CAFC) Still Pursuing Bad (More Aggressive) Patent System in the US" and "Judge Randall Rader Redefines “Patent Troll”". Expect to hear more about this scandalous figure in years to come, this time due to his capacity inside the private sector (like revolving doors).

Recent Techrights' Posts

XBox Being Discontinued, Some Models of XBox Canceled, Not on Sale Anymore
First some of the largest retailers quit stocking/selling XBox, now a 2TB model is axed
Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
 
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026
Links 26/06/2026: SoftBank Forbids Mentioning That Slop is a Scam, "'We Need Courageous People' to Combat Greed and Corruption"
Links for the day
Gemini Links 26/06/2026: "Negativity of Reddit" and "Moving Blog to Gemini"
Links for the day
Same MIT Site That Fabricated the Fake News for IBM is Still Being Paid to Produce Fake "Reports" That Prop Up a Ponzi Scheme
If this is the media we deserve as a society and believe keeps us informed, then we are all doomed
'Social' Slop: The Social Control Media and Slop Crises Are Converging
Social Control Media and slop may have a shared fate. People will shun them both.
Union Syndicale Fédérale (USF) Speaks Out Against Campinos and Informs the Chairman of the EPO Administrative Council
Does Mr. Kratochvíl pay any attention at all?
'António the Pretender' Campinos is Digging His Own Grave With Grotesque Lobbying Intended to Undermine Democracy in Europe's Second-Largest Institution
One way or another, the EPO will never be the same again
The Principle of "Do No Harm"
"Do No Harm" is a common saying
After Years of Bluewashing People Who Are Still Labelled "Red Hat" Suddenly 'Leave' (Might be PIPs), IBM in "Forever Layoffs" Loop
Remember that Red Hat had mass layoffs this year
Microsoft Staff Bracing for Impact Ahead of "Layoffs Lottery"
some people start to assess who will get culled next
Donald Trump and IBM's CEO: Twins Separated at Birth, Saturating the Media With False Reports About Things That Don't Exist
Every "journalist" that went ahead with this fake news should be sacked on the spot for a rejection of fact-checking
The Register MS Will Become Indistinguishable From Spamfarms at This Current Pace
Follow the money...
Microsoft Layoffs Have Already Begun in Its PR Department
It is called Waggener Edstrom
Techrights Community as Litigants in Person (LIPs)
Unwittingly and due to circumstances we're had to step in to protect women abused by monstrous men who lack empathy
European Patent Office (EPO) Series: Rest and Recuperation on the Adriatic Coast
The EPO President's connections with the Croatian SIPO date back to his days as head of the EU trademark agency EUIPO
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026