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

02.12.18

Denialists of Patent Trolls Are at It Again

Posted in America, Deception, Patents at 6:51 pm by Dr. Roy Schestowitz

Climate change denial
Reference: Climate change denial

Summary: The patent trolls’ lobby (sites like IAM and Watchtroll or Koch-funded scholars) want us to think that patent trolls are just a myth that can be dismissed and ignored; sadly for these lobbyists, underlying facts are not on their side

THE USPTO has just celebrated Thomas Edison as though he was a legendary inventor. He was a patent troll-type businessman who preyed on actual inventors. We last wrote about it yesterday (we had written about that in past years too). The USPTO does itself no favours by using Thomas Edison like some sort of a mascot. He was a patent troll and a predator. Not something for the USPTO to take pride in. IBM then came up with similar celebrations of patent maximalism, not quite noting that IBM presently acts like a patent troll because real business runs dry. IBM threatens litigation, files lawsuits, gives patents to literal trolls, and actively lobbies for software patents.

“IBM threatens litigation, files lawsuits, gives patents to literal trolls, and actively lobbies for software patents.”Seeing that a lot of entities are now being portrayed as trolls, Watchtroll’s Steve Brachmann and Gene Quinn decided to come up with this headline bait (“A Poor History of Wright Brothers Concludes they were Patent Trolls”). Today’s spin from Watchtroll (only hours old) is that tired old canard like “Thomas Edison Was a “Patent Troll” ” by the Koch-funded Mosoff. The headlines may seem attractive (clickbait), but it’s actually hogwash/whitewash of trolls — something that’s an integral part of Mosoff’s career. Watchtroll is, as usual, trying to cheapen or dilute the term “patent trolls” so as to make it meaningless. Nobody ever claimed that the Wright Brothers were patent trolls (here’s Wikipedia’s outline of the Wright brothers patent war) except apologists of patent trolls, who sought to dispel the very existance of such a thing as patent trolls. There’s a whole ‘cargo cult’ which revolves around denial of patent trolling (IAM does this a lot and not too surprisingly it receives a lot of money from trolls). Almost like people who deny global warming/climate change… Donald Trump likex to blame everything on “China!” (including the very discussion of climate change) and the patent microcosm uses “China!” as the excuse for almost everything (we wrote two articles about that on Saturday).

Speaking of China, evidence continues to pile up supporting our hypothesis that China is learning how to use patents — like it does censorship — to ban foreign players. As IAM (a trolls denialist) put it earlier today:

Veeco initiated the conflict in July 2017, telling a US judge that its market leading business in LED manufacturing equipment had been undercut by Chinese competitor AMEC through a combination of IP infringement and state subsidies. The US firm asked SGL Carbon – a common supplier – to stop doing business with its rival, and when the German company refused, it asserted multiple patents against it.

“After damaging injunction awards, US, Chinese & German companies involved in international semiconductor patent dispute bring their battle to an end,” IAM summarised in Twitter. Those aren’t trolls, but their disputes generally serve to show that nobody benefits except lawyers. They must have made a large bundle of cash out of these feuds.

After the 2017 SCOTUS ruling on TC Heartland (action directed primarily at trolls), it may as well be noted, the patent trolls are having a hard time moving patent litigation to places/venues like EDTX. Maybe they’ll try China. As this Docket Report put it the other day:

The court granted defendants’ alternative motion to transfer plaintiff’s patent infringement action for improper venue because defendants did not have a regular and established place of business through their dealerships in the district.

How about this tweet which said: “What is a patent troll in reality? They are speculators. They are market makers. They buy inventions to sell. This frees up inventors to specialise. Not to be a salesman but to create. Yes. Speculators are hated. It is envy. We see them when they make money. Most fail.”

I couldn’t help replying with: “What is a Mafia ‘in reality’? They are speculators. They are market makers. They make threats. We see them when they make money.”

Trying to trivialise trolls isn’t too wise a thing to do. Even SCOTUS uses the word “trolls” to refer to these. It’s not just a myth.

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. Patent Maximalists Are Still Upset at the US Supreme Court (Over Alice) and the US Patent Office Carries on As Usual

    In spite of the courts’ continued rejection of software patents — perfectly in line with what the high courts are saying — abstract ideas are still being covered by newly-granted patents



  2. Links 18/11/2018: Cucumber Linux 2.0 Alpha and Latest Outreachy

    Links for the day



  3. The European Patent Office Comes up With a Plethora of New Buzzwords by Which to Refer to Software Patents

    The permissive attitude towards software patents in Europe is harmful to software developers in Europe; the officials, who never wrote a computer program in their entire life, pretend this is not the case by adopting marketing techniques and surrogate terms



  4. Patent Maximalists in Europe Keep Mentioning China Even Though It Barely Matters to European Patents

    EPO waves a "white flag" in the face of China even though Chinese patents do not matter much to Europe (except when the goal is to encourage low patent quality, attracting humongous patent trolls)



  5. Team UPC Has Been Reduced to Lies, Lies, and More Lies about the Unified Patent Court Agreement

    With the Unified Patent Court Agreement pretty much dead on arrival (an arrival that is never reached, either) the UPC hopefuls -- those looking to profit from lots of frivolous patent litigation in Europe -- resort to bald-faced lying



  6. Links 17/11/2018: Mesa 18.3 RC3, Total War: WARHAMMER II, GNOME 3.31.2

    Links for the day



  7. Links 16/11/2018: Red Hat Enterprise Linux 8 Beta, Mesa 18.2.5, VirtualBox 6.0 Beta 2

    Links for the day



  8. Berkheimer or No Berkheimer, Software Patents Remain Mostly Unenforceable in the United States and the Supreme Court is Fine With That

    35 U.S.C. § 101, which is based on cases like Alice and Mayo, offers the 'perfect storm' against software patents; it doesn't look like any of that will change any time soon (if ever)



  9. Ignoring and Bashing Courts: Is This the Future of Patent Offices in the West?

    Andrei Iancu, who is trying to water down 35 U.S.C. § 101 while Trump ‘waters down’ SCOTUS (which delivered Alice), isn’t alone; António Campinos, the new President of the EPO, is constantly promoting software patents (which European courts reject, citing the EPC) and even Australia’s litigation ‘industry’ is dissenting against Australian courts that stubbornly reject software patents



  10. Patent Maximalists Are Still Trying to Figure Out How to Stop PTAB or Prevent US Patent Quality From Ever Improving

    Improvements are being made to US patents because of the Patent Trial and Appeal Board (PTAB), which amends/culls/pro-actively rejects (at application phases) bad patents; but the likes of Andrei Iancu cannot stand that because they're patent maximalists, who personally gain from an over-saturation of patents



  11. Links 15/11/2018: Zentyal 6.0, Deepin 15.8, Thunderbird Project Hiring

    Links for the day



  12. A Question of Debt: António Campinos, Lexology, Law Gazette, and Sam Gyimah

    Ineptitude in the media which dominates if not monopolises UPC coverage means that laws detrimental to everyone but patent lawyers are nowadays being pushed even by ministers (not just those whose clandestine vote is used/bought to steal democracy overnight)



  13. Science Minister Sam Gyimah and the EPO Are Eager to Attack Science by Bringing Patent Trolls to Europe/European Union and the United Kingdom

    Team UPC has managed to indoctrinate or hijack key positions, causing those whose job is to promote science to actually promote patent trolls and litigation (suppressing science rather than advancing it)



  14. USF Revisits EPO Abuses, Highlighting an Urgent Need for Action

    “Staff Representation Disciplinary Cases” — a message circulated at the end of last week — reveals the persistence of union-busting agenda and injustice at the EPO



  15. Links 14/11/2018: KDevelop 5.3, Omarine 5.3, Canonical Not for Sale

    Links for the day



  16. Second Day of EPOPIC: Yet More Promotion of Software Patents in Europe in Defiance of Courts, EPC, Parliament and Common Sense

    Using bogus interpretations of the EPC — ones that courts have repeatedly rejected — the EPO continues to grant bogus/fake/bunk patents on abstract ideas, then justifies that practice (when the audience comes from the litigation ‘industry’)



  17. Allegations That António Campinos 'Bought' His Presidency and is Still Paying for it

    Rumours persist that after Battistelli had rigged the election in favour of his compatriot nefarious things related to that were still visible



  18. WIPO Corruption and Coverup Mirror EPO Tactics

    Suppression of staff representatives and whistleblowers carries on at WIPO and the EPO; people who speak out about abuses are themselves being treated like abusers



  19. Links 13/11/2018: HPC Domination (Top 500 All GNU/Linux) and OpenStack News

    Links for the day



  20. The USPTO and EPO Pretend to Care About Patent Quality by Mingling With the Terms “Patent” and “Quality”

    The whole "patent quality" propaganda from EPO and USPTO management continues unabated; they strive to maintain the fiction that quality rather than money is their prime motivator



  21. Yannis Skulikaris Promotes Software Patents at EPOPIC, Defending the Questionable Practice Under António Campinos

    The reckless advocacy for abstract patents on mere algorithms from a new and less familiar face; the EPO is definitely eager to grant software patents and it explains to stakeholders how to do it



  22. The U.S. Chamber of Commerce is Working for Patent Trolls and Patent Maximalists

    The patent trolls' propagandists are joining forces and pushing for a patent system that is hostile to science, technology, and innovation in general (so as to enable a bunch of aggressive law firms to tax everybody)



  23. Team UPC, Fronting for Patent Trolls From the US, is Calling Facts “Resistance”

    The tactics of Team UPC have gotten so tastelessly bad and its motivation so shallow (extortion in Europe) that one begins to wonder why these people are willing to tarnish everything that's left of their reputation



  24. The Federal Circuit Bar Association (FCBA) Will Spread the Berkheimer Lie While Legal Certainty Associated With Patents Remains Low and Few Lawsuits Filed

    New figures regarding patent litigation in the United States (number of lawsuits) show a decrease by about a tenth in just one year; there's still no sign of software patents making any kind of return/rebound in the United States, contrary to lies told by the litigation 'industry' (those who profit from frivolous lawsuits/threats)



  25. Links 12/11/2018: Linux 4.20 RC2, Denuvo DRM Defeated Again

    Links for the day



  26. Automation of Searches Will Not Solve the Legitimacy Problem Caused by Patents Lust

    The false belief that better searches and so-called 'AI' can miraculously assess patents will simply drive/motivate bad decisions and already steers bad management towards patent maximalism (presumption of examination/validation where none actually exists)



  27. The Federal Circuit and PTAB Are Not Slowing Down; Patent Maximalists Claim It's 'Harassment' to Question a Patent's Validity

    There’s no sign of stopping when it comes to harassment of judges and courts; those who make a living from patent threats and litigation do anything conceivable to stop the ‘bloodbath’ of US patents which were never supposed to have been granted in the first place



  28. Patent Maximalists Will Latch Onto Return Mail v US Postal Service in an Effort to Weaken or Limit Post-Grant Reviews of US Patents

    An upcoming case, dealing with what governments can and cannot do with/to patents (specifically the US government and US patents), interests the litigation 'industry' because it loathes reviews of low-quality and/or controversial patents (these reviews discourage litigation or stop lawsuits early on in the cycle)



  29. Guest Post: EPO Spins Censorship of Staff Representation

    Another concrete example of Campinos' cynical story-telling



  30. Andrei Iancu and Laura Peter Are Two Proponents of Patent Trolls at the Top of the USPTO

    Patent offices do not seem to care about the law, about the courts, about judges and so on; all they care about is money (and litigation costs) and that’s a very major problem


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