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

08.12.17

Pro-PTAB Lobbying Leaves the Patent Microcosm Squirming, Lying

Posted in America, Deception, Patents at 5:54 am by Dr. Roy Schestowitz

The High Tech Inventors Alliance (members below) promotes the Patent Trial and Appeal Board (PTAB), which is invalidating a lot of software patents

High Tech Inventors Alliance members

Summary: The High Tech Inventors Alliance takes another step forward in its defense of the USPTO’s Inter Partes Review (IPR) process (reevaluation of patents at PTAB); the patent microcosm cannot tolerate the views of companies like the above, so quite inevitably a shaming strategy kicks in

AS NOTED in our previous post, PTAB bashing has become EFF bashing. The patent microcosm, i.e. the ‘industry’ of litigation, does not know what to do other than attack PTAB judges. It now attacks actual technology companies, not just their front groups. Not a wise strategy at all…

Watchtroll already attacks PTAB and organises so-called ‘protests’ [1, 2] (patent microcosm under the guise of “US inventors”). It’s laughable! Some might even find it utterly disgusting. Based on the photos, they’ve only managed to gather at most a dozen patent extremists (outnumbered by their placards) to stage a ‘protest’. It’s too pathetic for words. They probably used Facebook — the very same company which strongly supports PTAB — to organise this minuscule anti-PTAB ‘protest’. Imagine the collective laughters.

“The patent microcosm, i.e. the ‘industry’ of litigation, does not know what to do other than attack PTAB judges.”John Thorne, the general counsel of the High Tech Inventors Alliance, wrote for The Hill a few days ago. He described the High Tech Inventors Alliance as “a coalition of top technology companies supporting balanced patent policy and collectively holding more than 115,000 patents.”

“Double checking patents puts exploitative trolls on notice,” says his headline, which precedes an article in defense of patent quality (and PTAB which helps assure that). To quote:

On Friday, a group claiming to represent the nation’s small inventors will demonstrate at the Patent and Trademark Office (PTO) building. They will call for an end to the PTO’s Inter Partes Review (IPR) process, a procedure for taking a second look at the validity of patents. Some of the speakers will be genuine small inventors. But behind those little guys will be the big dollars of the biggest big-guy exploiters of the PTO’s missteps and mistakes.

[...]

Consider these facts. Almost 70 percent of this year’s challenged patents are in “high tech,” that is software, hardware and networking technologies. High tech is widely acknowledged to suffer from patent quality problems.

[...]

Over 99.8 percent of all active patents and 82 percent of litigated patents never face an IPR. In all IPR petitions decided through March 2017, the Board began a review of only 47 percent of challenged claims and invalidated only 24 percent. When the Board has handed down a decision on the merits, it has upheld some or all of the challenged claims 65 percent of the time. Furthermore, patentees win before the PTAB on validity issues more often than they do in federal court.

Guess how the patent microcosm is responding to such pieces. It’s just so predictable. Here comes IAM with brain-dead tweets like these [1, 2], basically pretending that the High Tech Inventors Alliance is just Facebook and linking to some article about Facebook — an article which says nothing at all about patents. IAM then says: “Ever wondered why certain BigTech cos are so keen to reduce patent protection in the US? (clue: it has nothing to do with “trolls”) [...] All the big companies named in that WSJ article are prominent lobbyists for further efforts to restrict patent rights in the US.”

“The real (or original) purpose of patents is to help advancement of productive companies…”Notice the language. Techrights member Will Hill responded by saying: “Of course, they confuse privileges with rights. There is no such thing as a “patent right”. Patents are temporary monopolies created by government, ostensibly for some public benefit, not inalienable rights it is futile and tyrannical for government to interfere with. The good of that private benefit should always outweigh the cost of public restrictions, but it clearly does not and the restrictions need to be reconsidered. That’s impossible to see when people are so fundamentally confused about rights.”

Calling patents “rights”, “property”, or even “property rights” (we debunked this before, even back in February 2017 when Patently-O did its typical propaganda) is just so shallow. It is an old trick. Ascribing physical attributes to things that are immaterial concepts is also what they do when it comes to patent applications.

“This is why we can’t have nice things, as the famous saying goes.”The real (or original) purpose of patents is to help advancement of productive companies, even if Facebook is somewhat of a patent bully too. At its core, the patent system is also designed to help protect inventors from productive companies, but trolls are not inventors. Trolls typically prey on inventors (as large productive companies can afford going to court and squash the trolls).

Whether we “like” companies like Facebook or not (I personally hate that company), they actually make something. Unlike IAM, which is a funded lobbying arm of patent trolls and aggressors who make money from litigation alone. This is why we can’t have nice things, as the famous saying goes. Lobbyists like IAM, essentially apologists or advocates for patent trolls.

Our next post will focus on trolls and the growing backlash to them.

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 17/11/2017: KDE Applications 17.12, Akademy 2018 Plans

    Links for the day



  2. Today's EPO and Team UPC Do Not Work for Europe But Actively Work Against Europe

    The tough reality that some Europeans actively work to undermine science and technology in Europe because they personally profit from it and how this relates to the Unitary Patent (UPC), which is still aggressively lobbied for, sometimes by bribing/manipulating the media, academia, and public servants



  3. Links 16/11/2017: WordPress 4.9 and GhostBSD 11.1 Released

    Links for the day



  4. The Staff Union of the EPO (SUEPO) is Rightly Upset If Not Shocked at What Battistelli and Bergot Are Doing to the Office

    The EPO's dictatorial management is destroying everything that's left (of value) at the Office while corrupting academia and censoring discussion by threatening those who publish comments (gagging its own staff even when that staff posts anonymously)



  5. EPO Continues to Disobey the Law on Software Patents in Europe

    Using the same old euphemisms, e.g. "computer-implemented inventions" (or "CII"), the EPO continues to grant patents which are clearly and strictly out of scope



  6. Links 16/11/2017: Tails 3.3, Deepin 15.5 Beta

    Links for the day



  7. Benoît Battistelli and Elodie Bergot Have Just Ensured That EPO Will Get Even More Corrupt

    Revolving door-type tactics will become more widespread at the EPO now that the management (Battistelli and his cronies) hires for low cost rather than skills/quality and minimises staff retention; this is yet another reason to dread anything like the UPC, which prioritises litigation over examination



  8. Australia is Banning Software Patents and Shelston IP is Complaining as Usual

    The Australian Productivity Commission, which defies copyright and patent bullies, is finally having policies put in place that better serve the interests of Australians, but the legal 'industry' is unhappy (as expected)



  9. Patent Trial and Appeal Board (PTAB) Defended by Technology Giants, by Small Companies, by US Congress and by Judges, So Why Does USPTO Make It Less Accessible?

    In spite of the popularity of PTAB and the growing need/demand for it, the US patent system is apparently determined to help it discriminate against poor petitioners (who probably need PTAB the most)



  10. Declines in Patent Quality at the EPO and 'Independent' Judges Can No Longer Say a Thing

    The EPO's troubling race to the bottom (of patent quality) concerns the staff examiners and the judges, but they cannot speak about it without facing rather severe consequences



  11. The EPO is Now Corrupting Academia, Wasting Stakeholders' Money Lying to Stakeholders About the Unitary Patent (UPC)

    The Unified Patent Court/Unitary Patent (UPC) is a dying project and the EPO, seeing that it is going nowhere fast, has resorted to new tactics and these tactics cost a lot of money (at the expense of those who are being lied to)



  12. Links 15/11/2017: Fedora 27 Released, Linux Mint Has New Betas

    Links for the day



  13. Patents Roundup: Packet Intelligence, B.E. Technology, Violin, and Square

    The latest stories and warnings about software patents in the United States



  14. Decline of Skills Level of Staff Like Examiners and Impartiality (Independence) of Judges at the EPO Should Cause Concern, Alarm

    Access to justice is severely compromised at the EPO as staff is led to rely on deficient tools for determining novelty while judges are kept out of the way or ill-chosen for an agenda other than justice



  15. Links 14/11/2017: GNU/Linux at Samsung, Firefox 57 Quantum

    Links for the day



  16. Microsoft: Sheltering Oneself From Patent Litigation While Passing Patents for Trolls to Attack GNU/Linux

    Another closer look at Provenance Asset Holdings and what exactly it is (connection to AST, part of the cartel Microsoft subsidises to shield itself)



  17. The Patent Trolls' Lobby is Losing the Battle for Europe

    The situation in Europe is looking grim for patent trolls, for their policies and the envisioned system (which they lobbied for) isn't coming to fruition and their main casualty is the old (and functioning) EPO



  18. Unitary Patent (UPC) is Dead to the EPO and ANSERA is Not the Answer as Patent Quality Declines and Talented Staff Leaves

    EPOPIC comes to an end and the EPO does not mention the UPC 'content' in it; ANSERA, in the meantime, raises more questions than it answers and IP Kat makes a formal query



  19. Why Honest Journalism on Patent Matters Barely Exists

    Media coverage in the area of patent law is still appalling as it's dominated if not monopolised by those who benefit from patent maximalism



  20. Patent Maximalism Around the World

    A roundup of stories or spin observed over the past week, mostly favouring those who profit from patents rather than creation of anything



  21. Links 13/11/2017: Samsung’s DeX Revisited, Linux Kernel 4.14 Released

    Links for the day



  22. Time for the Court of Appeals for the Federal Circuit (CAFC) to Disregard Rulings From the Eastern District of Texas

    A look at the latest developments at the Federal Circuit and some bits about Microsoft's extortion using software patents (even after Alice)



  23. Alice (De Facto Ban on Software Patents) Remains Untouched in 2017 and Likely in 2018 As Well

    The patent microcosm (people like Dennis Crouch) is trying to find cases that can contradict Alice (at the higher levels, especially the US Supreme Court) but is unable to find them; as things stand, suing anyone with a software patent seems like a losing/high-risk strategy



  24. The USPTO's Joe Matal (Interim Director) Sounds Serious About Improving the Patent Quality and Services

    An expressed desire to improve the US patent system rather than treat is like a money-making machine, as illuminated in recent days by Patently-O



  25. Patent Trial and Appeal Board (PTAB) Defends Firms From Bogus Patents and US Congress Hears About How PTAB Dodgers Misuse Immunity

    The debate about PTAB is being lost by the patent microcosm, whose attempt to dodge and demonise PTAB merely serves to reinforce PTAB's importance and continued success



  26. Links 11/11/2017: Mesa 17.2.5 and Wine 2.21 Released

    Links for the day



  27. Benoît Battistelli Gives Power to Željko Topić, Not Just to António Campinos

    Topić still derives power from Battistelli, who treats him like his right-hand man



  28. Next EPO President Will Continue a Cooperation Which Does Not Exist

    Kluwer Patent Blog is nitpicking the words of António Campinos and expressing scepticism about progress to be made by Campinos



  29. More Microsoft AstroTurfing by Association for Competitive Technology (ACT) and Mingorance

    ACT, now led by Morgan Reed rather than Zuck, is still meddling in European policy (software patents agenda) and other familar front groups appear at the scene in an effort to influence DG Competition



  30. Consensus Around the High Likelihood That the Unitary Patent (UPC) is Dead and Backlash Against Deniers of It

    Online discussions about the UPC have rapidly shifted to assume, quite correctly in fact, that the UPC is facing mortal danger from which it may never recover


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