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

04.02.18

The Latest SLAPP From the Patent Microcosm Shows Just How Abusive Patent Extremists Can be Towards Their Critics

Posted in America, Patents, Site News at 3:30 pm by Dr. Roy Schestowitz

The reality of writing about patent “scams”

SLAPP
Image source/context: Strategic lawsuit against public participation (SLAPP)

Summary: Reaffirming its commitment to a highly aggressive approach, the patent microcosm once again sends me legal threats (for merely writing about nefarious actions)

TODAY is Easter Monday here in the United Kingdom. We planned to take a break from publishing. But publishing is not easy for reasons other than motivation or need to rest etc. I certainly don’t wish to write about myself (too boring a topic), but sometimes I have no choice. I’d rather focus on the issues.

In relation to a patent “scam” which we last wrote about yesterday, TechDirt has just weighed in. It wrote about what happened a week ago. Yes, I immediately shared the letter with them, knowing that they are a famous victim of SLAPP (same person who had threatened me for my postings) and knowing that they are thus familiar with such matters.

“Readers should remember that the patent ‘community’ is all about lawsuits, so it’s only good at suing or threatening to (in order to coerce people), not really fearing disbarment for SLAPP.”As some background, Michael W. Shore is the main person behind misusing tribal immunity to secure dodgy patents. US politicians are already all over this, calling it all sorts of nasty things and creating legislation to stop this (it was in the news last week). TechDirt had covered this before and it was all over the news (New York Times etc.), so we’re not talking about some obscure issue. Many people in various blogs have called this a “scam”, which is why I put that word in quotes. A Federal judge called it a “sham”. PTAB recently ruled against it as well. There are many layoffs in Allergan these days, so they must be getting desperate. We in Techrights already wrote nearly 15 or 20 articles about this topic alone (some of these were very long). We focused on the tribes and we focused on Allergan, rarely remarking/writing about individuals (such as the lawyers involved).

Readers should remember that the patent ‘community’ is all about lawsuits, so it’s only good at suing or threatening to (in order to coerce people), not really fearing disbarment for SLAPP. Such disbarment very rarely happens. It’s like they feel immune (and enjoy impunity) from a political system that is dominated by lawyers. The said action is just the latest of the abuse I receive for covering patents. There’s more of it (this one I made public because it’s very obviously frivolous). The USPTO should get its house in order/check because those patents that it grants are fueling/empowering a bunch of bullies, who not only threaten companies (patent trolling and blackmail) but also reporters, bloggers, critics etc. Coming to their rescue are extremist sites like Watchtroll, which are so eager to ‘kill’ PTAB that they post attack pieces almost every day (today too there was a piece about PTAB, this time by Hans Sauer and Melissa Brand). PTAB bashers are crazy. Some have even become racist and menacing. They’re not pleasant people. They’re schoolyard bullies.

“Legal threats like these aren’t new; this has been done to me before, I think about half a dozen times (e.g. Charlatan Shiva, who claimed credit for inventing E-mail as soon as the real inventor of E-mail died).”Interestingly enough, the above-mentioned threat (good summary with background at TechDirt) came on around the very same day IP Kat published Right of publicity not a right to control one’s own image by censoring disagreeable portrayals, says appeals court in de Havilland case (how timely an article!).

Legal threats like these aren’t new; this has been done to me before, I think about half a dozen times (e.g. Charlatan Shiva, who claimed credit for inventing E-mail as soon as the real inventor of E-mail died). Readers certainly know that the EPO sent me several legal threats. It’s just legal bullying from reckless thugs whose intent to silence critics; even if there’s no lawsuit it’s supposed to ‘chill’ the critics and thereby suppress further reporting (or other activities). After the EPO had done what it did (legal threats) it only emboldened me to write even more about the EPO and the latest case (misuse of tribal immunity) will be no exception. I will write about it even more from now on.

“If you ‘dare’ write about patents critically (as in critical thinking, no puff pieces) and you make a difference/have an impact, expect to be bullied.”TechDirt has published the PDF that the bullies sent to me (as image; lawyers do not like sending a copy-paste-friendly version of their threats; they never do). I have no idea how he got my home address (whois.net has another address), so I am guessing that law firms might have some special access to some databases, but IANAL (I Am Not A Lawyer). The PDF says it was sent by FedEx, but it was never sent (or at least not received), so it’s probably part of an intimidation tactic, sending someone to one’s home to ‘chill’ the person even further (or a relative like my spouse). I have received some rather nasty and borderline violent threats/letters lately and would rather not have my address out there for all to see. That is the kind of stuff which can chill not only the critic but also family members or other tenants. Pure evil.

What is the lesson of all this? If you ‘dare’ write about patents critically (as in critical thinking, no puff pieces) and you make a difference/have an impact, expect to be bullied. The EFF has already gotten sued (repeatedly in fact) by people whose patents it ‘dared’ criticise. It always won the cases. But at what cost (legal expenses)? To think that ‘tiny’ Techrights too has become a target may make it noteworthy. But that won’t silence us.

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 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  2. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  3. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  4. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  5. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  6. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  7. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  8. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  9. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  10. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  11. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  12. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  13. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  14. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  15. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  16. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  17. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  18. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  19. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  20. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  21. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  22. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  23. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  24. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  25. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  26. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day



  27. The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These

    Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom



  28. CommunityBridge is a Cynical Microsoft-Funded Effort to Show Zemlin Works for 'Community', Not Microsoft

    After disbanding community participation in the Board (but there are Microsoft staff on the Board now) the "Linux Foundation" (or Zemlin PAC) continues to take Microsoft money and polishes or launders that as "community"



  29. Links 14/3/2019: GNOME 3.32 and Mesa 19.0.0 Released

    Links for the day



  30. EPO 'Results' Are, As Usual, Not Measured Correctly

    The supranational monopoly, a monopoly-granting authority, is being used by António Campinos to grant an insane amount of monopolies whose merit is dubious and whose impact on Europe will be a net negative


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