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

11.26.17

Patently-O is Still Trying to Derail Patent Reform in the United States

Posted in America, Deception, Patents at 3:52 am by Dr. Roy Schestowitz

Trolly-O Patently-O

Summary: A look at the past week’s posts from Patently-O reveals a blog whose tone shifts strongly against patent sanity and instead leans towards the patent ‘industry’

A LOT of people regard Patently-O as/to be the “best” patent blog and many also consider it to be objective and balanced. We dispute that in view/light of recent posts from Patently-O, which were not only hostile towards PTAB (especially over the past half a year) but also friendly to patent trolls and apathetic at best towards USPTO patent quality. Using scholarly/academic veneer, Patently-O serves to reinforce patent extremism in the same way that some right-wing “news” sites embolden or reinforce white supremacy. The same cannot be said about other academics, who are mostly pro-patent reform (we’ve named many over the years).

“Using scholarly/academic veneer, Patently-O serves to reinforce patent extremism in the same way that some right-wing “news” sites embolden or reinforce white supremacy.”The main writer at Patently-O is Dennis Crouch, who regularly attends events of the patent microcosm. According to him, Trump and his swamp might soon be defunding USPTO to have it run like a business rather than a service. We have not seen this suggestion anywhere else, so maybe it’s an expression of a wish rather than a reality. Do we need another ‘Battistelli’ at the USPTO? To quote Crouch:

And, an interesting feature of the 2018 Republican House Proposed Budget is shrink the Department of Commerce – currently “rife with waste, abuse, and duplication,” and “Establish the U.S. Patent and Trademark Office as an independent agency.”

It is already independent enough as it is. Decoupling it would make things even worse. Crouch already contributed — along with Watchtroll and IAM — to driving Michelle Lee out. Does he want to exacerbate things even further? Probably. Yesterday he even advertised IAM.

The more dysfunctional things get, the lower patent quality will get and thus more lawsuits — something which these people profit from. From chaos comes order? No, to them, from chaos comes income/funding. It’s rather appalling.

“The more dysfunctional things get, the lower patent quality will get and thus more lawsuits — something which these people profit from.”The patent ‘industry’ likes to pretend that Alice is ambiguous (or not sufficiently clear) because these people simply refuse to accept reality. No software patents are tolerated by high courts anymore and Dennis Crouch is nowadays participating in immature caricatures that bash Alice. Where it says “patent industry” it actually alludes not to a real industry but a predator/parasite which sends legal threats. Actually, Alice helped a great deal and brought benefits to the real industry. Why don’t they get it? Why can’t they just move on? They have been trying to take a Supreme Court’s decision down for nearly four years now.

According to another new post, Dennis Crouch would even side with patent trolls if he perceived it as an opportunity to help software patents. To quote:

A new amicus brief supports RPost petition for writ of certiorari – arguing that lack-of-eligibility is not a proper defense to patentability. The brief has an interesting quote from P.J. Federico (co-author of the 1952 Patent Act) suggesting (by omission) that eligibility is not a litigation defense.

Is this encouraged as another anti-Alice ‘trick’?

Either way, Patently-O seems to be getting less and less objective by the week. We have been following the blog for years and can tell the difference.

The other day it wrote about “Lost Profits”, which is a loaded term which presumes entitlement to profit. This is how rich people typically think and Dennis Crouch, a rich person himself, put it like this:

Lost Profits: Like definiteness, lost profit award also requires “reasonable certainty.” In the lost profit context, the rule is applied in a more-standard approach. Namely, reasonable certainty is traditionally thought of as a standard of evidentiary proof needed for factual conclusions. This makes sense in the fact-heavy damages context but not so much in the indefiniteness arena that is very often seen as wholly a question of law.

Here, the appellate court held that lost profits due to the infringement were not proven because the district court did not consider whether a non-infringing alternative would have been an acceptable/available substitute to the patentee’s product. A new trial is necessary now to calculate the reasonable royalty damages that will presumably be less than the $2 million lost profit verdict overturned on appeal.

Last but not least (from the past week), Crouch spotted something in the Court of Appeals for the Federal Circuit (CAFC) which cites a case from 70 years ago. To quote: “At the point of Novelty: An interesting bit of the opinion harkens back to the Supreme Court’s 1946 Halliburton decision – holding that functional claim language is particularly problematic when done at the point of novelty. Here, the court does not cite Halliburton but does note that the “asserted advance over the prior art” is the particular layered arrangement of the device, not “the choices of materials to perform each of the required catalytic processes.” Rather, those materials were expected to be ones already well known in the industry.

“Here, of course, the Federal Circuit is not suggesting that Halliburton is good law, but the court does implicitly conclude that there are important distinctions in the indefiniteness analysis when considering terms directed to well-known versus novel features.”

“It’s possible to be courteous and hold terrible views at the same time; these things aren’t contradictory.”The Federal Circuit (CAFC) is very different nowadays. We’ve commended the new chief judge, who is preceded by at least two patent maximalists who left a legacy of mischief if not corruption (Rader). They supported patent trolls, software patents, and much worse. The Supreme Court is nowadays overturning many of these decisions.

We certainly hope that the Supreme Court will set the law (de facto/caselaw) instead of the old CAFC, which was good for nobody except the patent microcosm and people like Crouch.

Truth be told, the legal ‘industry’ is imploding in the US as far as patents go. There’s less demand for it. That’s how it should be. Expect blogs like Patently-O to moan and bemoan the status quo. Crouch may do this politely and professionally, but his views will still be rubbish. It’s possible to be courteous and hold terrible views at the same time; these things aren’t contradictory.

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. Understanding Thierry Breton: Socialising With the Elite

    "Bernadette Chirac is not the only Presidential widow with whom Valerie has close connections."



  2. Justice Peter Huber Speaking to a Front Group of Team UPC May Compromise the Integrity of the FCC and Its Outcomes

    The public reaction, even from some legal professionals, isn't too positive, seeing how judges from BVerfG (FCC) speak to the mouthpieces of Team UPC (biased and in the pockets of the litigation 'industry')



  3. Injustice at Every Level Would Simply Doom the Entire Patent System

    Repeated failure to restore the Rule of Law and enforce accountability/oversight in Europe's patent system renders the entire system moot; it is a case of adherence to basic constitutional pillars



  4. Understanding Thierry Breton: Thierry and the $100 Billion Man

    Thierry Breton's connections to the tax avoidance ploy of his friend Bernard Arnault



  5. Links 21/11/2019: Mesa 19.3.0 RC4, Canonical SPS

    Links for the day



  6. Links 21/11/2019: Charmed OSM, Mesa 19.2.5, DXVK 1.4.5, Zorin OS 15 Lite

    Links for the day



  7. Understanding Thierry Breton: Atos Healthcare - “The Ugly Face of Business”

    "...2,380 people died after their claim for employment and support allowance (ESA) ended because a work capability assessment (WCA) found that they were found fit for work."



  8. IRC Proceedings: Wednesday, November 20, 2019

    IRC logs for Wednesday, November 20, 2019



  9. Microsoft Tim: Microsoft is Now Defending Linux

    The difference between fiction and reality



  10. Justice Peter Huber of the German Federal Constitutional Court (FCC) Calls 'Bullshit' a Rumour Nobody Really Spreads

    A sort of 'trial by media' (by Team UPC) compromises the integrity of the case (constitutional complaint) and can be interpreted as judges succumbing to lobbying/pressure from those who conspire to violate many constitutions across Europe for personal/financial gain



  11. Understanding Thierry Breton: What Thierry Did Next...

    "Whether by coincidence or not, when Atos announced in 2010 that it would acquire Siemens’ IT unit, it was the 32-year-old Macron at Rothschild who advised Breton on the deal."



  12. Links 20/11/2019: HONOR MagicBook With GNU/Linux, Coreboot 4.11, GNU Health Patchset 3.6.1

    Links for the day



  13. IRC Proceedings: Tuesday, November 19, 2019

    IRC logs for Tuesday, November 19, 2019



  14. EPO Geared Towards Financial Exploitation of Europe Instead of Serving Europe

    For the financial benefit of law firms and patent offices (they profit from processing loads of patents and lawsuits) Europe is being reverted back to Medieval Times when exercising invention and free thought (or free coding) was a luxury of the rich alone



  15. Microsoft and IBM Are the Patent Trolls, They Won't Protect Us From Trolls

    "Microsoft has no taste" and IBM has no taste, either; they're lying to our collective face together with OIN and the 'Linux' Foundation



  16. How Ralph Nader Put It

    Ralph Nader on money in politics



  17. ZDNet (CBS) Associates GNU/Linux Users With ISIS

    Response to "US student was allegedly building a custom Gentoo Linux distro for ISIS," just published by ZDNet and composed by their biggest troll, Catalin Cimpanu



  18. Understanding Thierry Breton: Noël Forgeard and His “Golden Parachute”

    The end of the first half of the Breton series; in this particular part we continue to cover the EADS scandal and the second half of this series will include the EPO connections (the vote in a plenary for Breton's nomination is due 27/11)



  19. Links 19/11/2019: Zswap's B-Tree Search Implementation, WordPress 5.2.4

    Links for the day



  20. We've Already Entered the Era When Patents Should be Presumed Invalid

    The abundance of low-quality patents may mean short-term profits for patent offices and law firms; but we know at whose expense they are profiting and the legitimacy of patent systems suffers as a result



  21. Jean-Luc Breton

    Breton a champion of obstruction and obfuscation



  22. Understanding Thierry Breton: Insider-Trading Scandal at EADS

    Although Breton was not directly implicated in the insider trading scandal itself he did come under fire in 2007 for the role he played in a side-show to the main story, namely the payment of a generous € 8.5m severance package to Noël Forgeard when the EADS co-CEO was compelled to resign in June 2006.



  23. Startpage is Not Denying Its Betrayal of Privacy, It is Just Being Evasive

    They can't call you a liar if you issue a non-denying 'denial'; the "Roll Safe Think About It" meme seems applicable here



  24. Guest Post: Open Source is Not Free Software

    "If you look at human history, you can see lots of similar ideas, movements, intellectuals who are affected by the power of the ruling class like this."



  25. IRC Proceedings: Monday, November 18, 2019

    IRC logs for Monday, November 18, 2019



  26. Links 19/11/2019: HPC Focus and LibreOffice 6.4 Beta

    Links for the day



  27. Understanding Thierry Breton: “Rhodiagate” and the Vivendi Universal Affair

    When the "Rhodia affair" became the "Breton affair"



  28. Links 18/11/2019: Last Linux RC, OSMC Updated

    Links for the day



  29. What GitHub is to Open Source

    Lots of prisoners inside GitHub



  30. Openwashing Institutionalised NPEs (OIN) and Software Patents With Notorious Managers From the EPO

    There’s a strong push for software patents in Europe (basically fake European Patents on abstract ideas) and IAM leads/participates in it with help from OIN, Grant Philpott (EPO) and — maybe soon — Breton (EU)


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