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

05.06.18

Patents Roundup: Nintendo, Watchtroll’s Lies, Judge Reyna’s Latest Decision (Disc Disease), and Bayh-Dole

Posted in Courtroom, Patents at 1:11 pm by Dr. Roy Schestowitz

A massive column

Summary: Leftovers from this past week’s patent news, implicating Nintendo and various spinners who are trying to ‘oversell’ patents

THE END of another week is also the first weekend of this month and thus our first ‘sweep-up’ of USPTO news. We try to take stock of everything, knowing that patent matters impact a lot of things.

“It was a quiet week after a climatic week of Oil States, which patent maximalists hope we already forgot about (because it legitimises PTAB).”So what else has happened during this past week? Actually not much. It was a quiet week after a climatic week of Oil States, which patent maximalists hope we already forgot about (because it legitimises PTAB).

Nintendo

We last wrote about Nintendo in relation to patents just several weeks ago. Nintendo isn’t a company that’s truly aggressive with patents, except in some rarer circumstances. Sony is probably the only large Japanese company that deserves notoriety for its patent strategy.

The latest preliminary action (very far from the Court of Appeals for the Federal Circuit (CAFC)) was mentioned some days ago in relation to an ITC invocation; the ITC is usually interested in embargo of non-US firms (or their products); it’s a sanctions agency which is lot less interested in actual justice or innovation. It even ignores other courts/tribunals like PTAB. Based on the report, some incognito “firm has filed another claim with the US International Trade Commission (ITC), which has now agreed to look further into the matter. The ITC has announced it is investigating, “certain portable gaming console systems with attachable handheld controllers and components thereof,” and that it, “has not yet made any decision on the merits of the case.” Gamevice is asking for the US to block all imports of Nintendo Switch based on said patent infringement, but Nintendo has a long history of beating these kinds of cases so it seems unlikely to cause the Big N too many issues or, ultimately, halt Switch imports in the US.”

“Gamevice Wants The US To Block Nintendo Switch Imports Because It Infringes On Its Patents,” says the headline. Will it be embargo by default? Who faces the burden of proof here? If patents are so great for ‘consumers’, then ITC staff will hold off until an actual legal case concludes (before doing anything).

Spinning the CAFC

Speaking of CAFC, this patent maximalist has oddly enough said: “The Federal Circuit [CAFC] recently ruled that Alice did not change the law of 101. Really? If the law remained the same post-Alice why was Alice a clear pivotal moment in software patent history? Seems the CAFC is out of touch.”

Or maybe the sources of such information are just crap. That’s linking to Watchtroll’s “Federal Circuit rules Alice did not alter the law governing 101″ — about the case Voter Verified, Inc. v Election Sys. & Software LLC. Watchtroll is basically spinning a CAFC case yet again, hoping that his spin will somehow incite, making it seem like software patents have legitimacy still (they don’t, not in high courts anyway). It has been 4 years since Alice and nothing has changed as far as the Supreme Court is concerned. This is what Watchtroll said:

On April 20, 2018, the Federal Circuit issued a decision in Voter Verified, Inc. v. Election Sys. & Software LLC, a case arising from an appeal by Voter Verified, Inc. from the United States District Court for the Northern District of Florida’s dismissal under Fed. R. Civ. P. 12(b)(6) of its claim for patent infringement. The district court held that the claims of U.S. Reissue Patent RE40,449 (“the ‘449 patent”) are directed to patent-ineligible subject matter and, therefore, are invalid under 35 U.S.C. § 101. The Federal Circuit, in a decision authored by Judge Lourie, joined by Judges Newman and Reyna, affirmed.

Writing about the same CAFC case, Charles Bieneman (another patent maximalist) said this (with a more accurate headline):

A Federal Circuit panel (Judges Lourie, Newman, and Reyna) has rejected a district court’s statement that Alice Corp. v. CLS Bank Int’l., was “an intervening change in the law” that would “exempt a potential application of issue preclusion.” However, after finding that patent-eligibility was not previously litigated, the court held that issue preclusion did not prevent a determination that claims directed to “’auto-verification’ of a voter’s ballot” are patent-ineligible under 35 U.S.C. § 101. Voter Verified, Inc. v. Election Systems and Software, LLC., No. 2017-1930 (Fed. Cir. April 20, 2018) (precedential).

Notice the highlight which Watchtroll conveniently omitted (also from the headline). This is not accidental. Watchtroll just wanted a dramatic and misleading headline like “Federal Circuit rules Alice did not alter the law governing 101″ (without completing this sentence somehow this should be regarded as highly misleading). Compare a headline like “US rules out war on Iraq” to “US rules out war on Iraq using nuclear weapons to strike key targets” (clearly not the same thing).

If patent extremists like Watchtroll wish to know why they’re widely ridiculed (in circles we know and speak to at least), it’s stuff such as this. Not to mention Watchtroll’s judge-bashing antics…

Judge Reyna

Speaking of judge-bashing, after Dennis Crouch’s mockery of Judge Reyna (CAFC) we’re seeing some more polite posts. The other day he said that a “district court dismissed the [patent] case with prejudice for failure to state a claim upon which relief can be granted,” then explaining Judge Reyna’s decision in some more details:

Disc Disease’s asserted patents relate to an inflatable air-brace for spinal support. U.S. Patent Nos. 8,012,113 and 7,618,509. The accused infringer sells three different inflatable spinal braces. However, after considering the complaint filed by Disc Disease, the district court dismissed the case with prejudice for failure to state a claim upon which relief can be granted (R.12(b)(6)). In the process, the district court rejected Disc Disease’s request to file a first amended complaint.

[...]

Judge Reyna’s [CAFC] decision here decides the case at hand, but does not provide substantial guide-posts beyond the general rule – Provide Fair Notice. What we do know is that in a simple case it will be sufficient to simply identify (1) the patents being asserted and (2) the products being accused.

Days later Dennis Crouch also recalled what Benjamin Henrion calls the “universities-as-trolls-act,” namely Bayh-Dole. He has reasons to believe that a “quarantine” is in order:

National Institute of Standards and Technology (NIST) (a branch of the Department of Commerce) has announced a new initiative to “improve federal technology transfer” along with a Request for Information (RFI) published in the Federal Register.

[...]

Looming large in the background of current Federal Policy is the the Bayh-Dole Act that allows universities and companies to privately patent the results of federally funded research. In two-years, Bayh-Dole will have its 40th Anniversary — thus the “quarantine” title.

Bayh-Dole has contributed a great deal to patent trolling in the United States. It’s nothing to be celebrated, only to be mocked. It’s an injustice when public money is misused for private gain and we wrote about Bayh-Dole many times over the years, e.g. in [1, 2, 3, 4, 5]. Recall the paper below.

Bayh-Dole
Full paper [PDF]

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 21/1/2020: Wine 5.0 and Red Hat Enterprise Linux 8.2 Beta

    Links for the day



  2. Startpage/System1 Almost Definitely Pay for People to Lie About Their Surveillance

    A longterm investigation suggests that there are forces in the debate that aren't objective and are being super evasive and dodgy; this typically happens only when somebody has much to hide



  3. The Internet is an Appalling Medium for News and It Has Only Gotten Worse

    Something ought to change in the way people gather and assess news; at the moment — as proper journalism runs out of steam (and budget) — things only deteriorate and quality suffers; this rapidly exacerbates as people come to rely on — and then relay — hearsay, not fact-checked bodies of work



  4. Media Reactions to the EPO Coming to Grips With Fake Patents That It Granted (Spoiler: the Media is Controlled by Lawyers of Monopolists and EPO Partners)

    Appalling quality of reporting and truly awful bias in the media, primarily owing to the fact that it is dominated/manned not by actual reporters but the firms looking to patent life itself; they use their lawyers and operatives who are literally funded by these lawyers (wearing "journalist" badges to mislead)



  5. Links 21/1/2020: EarlyOOM Fedora Decision and AMD Zen 3 Microcode

    Links for the day



  6. IRC Proceedings: Monday, January 20, 2020

    IRC logs for Monday, January 20, 2020



  7. Links 20/1/2020: MNT Reform, Linux 5.5 RC7, KMyMoney 5.0.8

    Links for the day



  8. Mansion of Pedophilia – Addendum: Accessing and Assessing Court Documents

    How anyone out there can do the job the media failed to do (after an apparently unprecedented arrest at the home of Bill Gates)



  9. Mansion of Pedophilia – Addendum: Progress on Police Request

    9 updates from the police department of Seattle but still nothing material/concrete, only promises and major delays



  10. IRC Proceedings: Sunday, January 19, 2020

    IRC logs for Sunday, January 19, 2020



  11. Mansion of Pedophilia – Part VIII: More Than 4 Months of Waiting for Police Department to Send Over the Files They Claim to Have an Issue Opening

    The police department (PD) of Seattle is unable to open its own files about arrest for pedophilia at Bill Gates' home; it has been unable to open these files for several months, it claims...



  12. Starting a GNU Replacement for GitHub, Possibly Based on GitLab

    "It might be easier if we start from the GitLab software," Stallman said



  13. European Commission Pushes for Even Greater Patent Maximalism Instead of Rationality, Patent Zealots' Site Cherry-Picks China as Whipping Boy

    Fear of China is being leveraged to promote an agenda of patent maximalists; the general idea they promote is that granting millions of low-quality patents is the only way to compete, even if in reality that merely handicaps the whole market



  14. CRISPR Patents Disallowed, But Where Are the Journalists?

    The narrative surrounding last week's decision against CRISPR patents may have been virtually monopolised by the litigation think tanks and law firms; it certainly feels like no journalism is left to rebut them, fact-check, and introspect



  15. Links 19/1/2020: Wine 5.0 RC6, Alpine 3.11.3

    Links for the day



  16. Judges Reject EPO Patents on Life as Constitutional Complaints Against the EPO Pile Up in Germany

    EPO judges throw out patents on life (CRISPR at least); there's now growing hope that they'll have the courage to do the same to patents on software



  17. IRC Proceedings: Saturday, January 18, 2020

    IRC logs for Saturday, January 18, 2020



  18. StartPage (System1) Found New Spin Allies. Some Have Been Offered StartPage Jobs. Some Might Already be Working for StartPage in Secret.

    Pro-StartPage voices appear to be paid (or have been promised pay) by StartPage; the key strategy of StartPage seems to be, attack and betray people's privacy while paying people in particular positions to pretend otherwise



  19. IRC Proceedings: Friday, January 17, 2020

    IRC logs for Friday, January 17, 2020



  20. Links 18/1/2020: Mir 1.7 and GNU Guile 3.0.0

    Links for the day



  21. IRC Proceedings: Thursday, January 16, 2020

    IRC logs for Thursday, January 16, 2020



  22. Links 16/1/2020: Mozilla Layoffs, PinePhone Braveheart Shipping, KDE Plasma 5.18 LTS Reaches Beta

    Links for the day



  23. Microsoft is a Market Leader in Lying and Corruption

    Microsoft is working hard to describe itself as the exact opposite of what it is and what it has been; ‘Internet rot’ helps a lot with this agenda, not to mention control of the media (the narrative)



  24. The European Patent Organisation Continues to 'Piss All Over' Separation of Powers

    The EPO continues to scatter invalid patents (IPs) that are European Patents (EPs) all over Europe and nobody can stop this, not even the judges of the EPO because they lack independence (by their very own admission)



  25. Zealots of Team UPC (Patent Litigation) Now Attacking the Courts and the Judges, Removing Their Mask on the Face of Things...

    The tactics of Team UPC aren't changing, only the shamelessness associated with these tactics is changing (because it looks like the end of days to them)



  26. Microsoft Now Uses or Leverages Software Freedom Against Free Software

    A reader's explanation of what Microsoft is trying to accomplish with its so-called 'embrace' and what steps will come next (how they manifest themselves)



  27. IRC Proceedings: Wednesday, January 15, 2020

    IRC logs for Wednesday, January 15, 2020



  28. Links 15/1/2020: CentOS Linux 8.1, Oracle VirtualBox 6.1.2 and GNU Sed 4.8

    Links for the day



  29. OSI Board at Microsoft: This is How Institutions Die or Completely Lose Their Purpose/Direction

    The photo (or meeting) may mark the turning point of the Openwashing as-a-Standard Initiative (OSI), which less than a year earlier took a bucket of money from Microsoft



  30. IRC Proceedings: Tuesday, January 14, 2020

    IRC logs for Tuesday, January 14, 2020


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