Bonum Certa Men Certa

The Crackdown on Poor-Quality Patents in the United States Goes Well Beyond 35 U.S.C. ۤ 101/Alice

A systemic cleanup

Dark cleanup



Summary: 35 U.S.C. ۤ 101 (Section 101) targets many software patents, but as news from Patently-O, Watchtroll, Patent Docs and other patent maximalists serves to show, the basis for purge of bad patents goes well beyond that

THE patent microcosm can fool and manipulate the Iancu-led USPTO all it wants. At the end it's down for judges (in courts) to decide validity of patents in actual trials.



Not only Section 101 provides means by which to invalidate bogus patents. The case of D Three Enterprises (covered by Patently-O about a week ago) was mentioned several days ago by Watchtroll. In a nutshell, another patent got invalidated by the Federal Circuit, basically agreeing with the lower (district) court in the District of Colorado. Here's the part with all the relevant numbers:

On May 21, 2018, the Federal Circuit, in an opinion authored by Judge Wallach, ruled that patent owner D Three could not claim priority from U.S. Patent Application No. 61/150,301 (“the 2009 Application”), affirming the U.S. Federal District Court for the District of Colorado. D Three Enterprises, LLC v. SunModo Corp., Nos. 2017-1909, 2017-1910, 2018 (Fed. Cir. May 21, 2018)(Before Reyna, Clevenger, and Wallach, J.).

D Three Enterprises had sued SunModo Corp. and Rillito River Solar (doing business as EcoFasten) in the District of Colorado for infringement of various claims of alleging infringement of various claims of U.S. Patent Nos. 8,689,517 (“the ‘517 patent”), 9,068,339 (“the ‘339 patent”), and 8,707,655 (“the ‘655 patent”), which are directed to roof mount sealing assemblies. The allegedly infringing products were available to the public in June 2009 and 2010. To sustain its claim for patent infringement, D Three claimed priority to the 2009 Application, the parent application for the patents-in-suit. The parties agreed that the patents would be invalid without the benefit of the 2009 Application.


Notice that this has nothing to do with Section 101.

The Patent Trial and Appeal Board (PTAB) and District Court have moreover been affirmed/vindicated by the Federal Circuit not too long ago, based on 35 U.S.C. ۤ 311. They all decided to repeatedly reject a dumb patent and Kevin Noonan (Patent Docs) obsesses over dissent from one judge only, as usual. Here's what he wrote last week:

Judge Pauline Newman has been concerned regarding constitutional issues raised by the U.S. Patent and Trademark Office Patent Trial and Appeal Board's implementation of inter partes review as provided by the Leahy-Smith America Invents Act (codified at 35 U.S.C. ۤ 311 et seq.). Specifically, Judge Newman's concerns involve separation of powers issues and accordingly, are different from the issues raised in Oil States Energy Services, LLC. v. Greene's Energy Group, LLC.

[...]

As for the invalidity arguments, the panel held that the District Court did not abuse its discretion in denying Trans Ova's post-trial motions and that the jury's verdict was supported by substantial evidence (from XY's expert).


Yes, there has been "substantial evidence," as Noonan puts it. Remember that they have been trying to name-drop Berkheimer and play that card against invalidation, asserting that evidence wasn't sufficient.

Recent Techrights' Posts

Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
Stefano Maffulli's (and Microsoft's) Openwashing Slant Initiative (OSI) Report Was Finalised a Few Months Ago, Revealing Only 3% of the Money Comes From Members/People
Microsoft's role remains prominent (for OSI to help the attack on the GPL and constantly engage in promotion of proprietary GitHub)
[Video] Online Brigade Demands That the Person Who Started GNU/Linux is Denied Public Speaking (and Why FSF Cannot Mention His Speeches)
So basically the attack on RMS did not stop; even when he's ill with cancer the cancel culture will try to cancel him, preventing him from talking (or be heard) about what he started in 1983
 
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work
Microsoft's Windows Down to 8% in Afghanistan According to statCounter Data
in Vietnam Windows is at 8%, in Iraq 4.9%, Syria 3.7%, and Yemen 2.2%
[Meme] Only Criminals Would Want to Use Printers?
The EPO's war on paper
EPO: We and Microsoft Will Spy on Everything (No Physical Copies)
The letter is dated last Thursday
Links 22/04/2024: Windows Getting Worse, Oligarch-Owned Media Attacking Assange Again
Links for the day
Links 21/04/2024: LINUX Unplugged and 'Screen Time' as the New Tobacco
Links for the day
Gemini Links 22/04/2024: Health Issues and Online Documentation
Links for the day
What Fake News or Botspew From Microsoft Looks Like... (Also: Techrights to Invest 500 Billion in Datacentres by 2050!)
Sededin Dedovic (if that's a real name) does Microsoft stenography
[Meme] Master Engineer, But Only They Can Say It
One can conclude that "inclusive language" is a community-hostile trolling campaign
[Meme] It Takes Three to Grant a Monopoly, Or... Injunction Against Staff Representatives
Quality control
[Video] EPO's "Heart of Staff Rep" Has a Heartless New Rant
The wordplay is just for fun
An Unfortunate Miscalculation Of Capital
Reprinted with permission from Andy Farnell
Online Brigade Demands That the Person Who Made Nix Leaves Nix for Not Censoring People 'Enough'
Trying to 'nix' the founder over alleged "safety" of so-called 'minorities'
[Video] Inauthentic Sites and Our Upcoming Publications
In the future, at least in the short term, we'll continue to highlight Debian issues
List of Debian Suicides & Accidents
Reprinted with permission from disguised.work
Jens Schmalzing & Debian: rooftop fall, inaccurately described as accident
Reprinted with permission from disguised.work
[Teaser] EPO Leaks About EPO Leaks
Yo dawg!
On Wednesday IBM Announces 'Results' (Partial; Bad Parts Offloaded Later) and Red Hat Has Layoffs Anniversary
There's still expectation that Red Hat will make more staff cuts
IBM: We Are No Longer Pro-Nazi (Not Anymore)
Historically, IBM has had a nazi problem
Bad faith: attacking a volunteer at a time of grief, disrespect for the sanctity of human life
Reprinted with permission from Daniel Pocock
Bad faith: how many Debian Developers really committed suicide?
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 21, 2024
IRC logs for Sunday, April 21, 2024
A History of Frivolous Filings and Heavy Drug Use
So the militant was psychotic due to copious amounts of marijuana
Bad faith: suicide, stigma and tarnishing
Reprinted with permission from Daniel Pocock
UDRP Legitimate interests: EU whistleblower directive, workplace health & safety concerns
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Earth Day Coming, Day of Rest, Excess Deaths Hidden by Manipulation
Links for the day
Bad faith: no communication before opening WIPO UDRP case
Reprinted with permission from Daniel Pocock
Bad faith: real origins of harassment and evidence
Reprinted with permission from Daniel Pocock
Links 21/04/2024: Censorship Abundant, More Decisions to Quit Social Control Media
Links for the day
Bad faith: Debian Community domain used for harassment after WIPO seizure
Reprinted with permission from Daniel Pocock
If Red Hat/IBM Was a Restaurant...
Two hours ago in thelayoff.com
Why We Republish Articles From Debian Disguised.Work (Formerly Debian.Community)
articles at disguised.work aren't easy to find
Google: We Run and Fund Diversity Programs, Please Ignore How Our Own Staff Behaves
censorship is done by the recipients of the grants
Paul Tagliamonte & Debian Outreachy OPW dating
Reprinted with permission from disguised.work
Disguised.Work unmasked, Debian-private fresh leaks
Reprinted with permission from disguised.work
[Meme] Fake European Patents Helped Fund the War on Ukraine
The European Patent Office (EPO) does not serve the interests of Europe
European Patent Office (EPO) Has Serious Safety Issues, This New Report Highlights Some of Them
9-page document that was released to staff a couple of days ago
IRC Proceedings: Saturday, April 20, 2024
IRC logs for Saturday, April 20, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Microsoft-Run FUD Machine Wants Nobody to Pay Attention to Microsoft Getting Cracked All the Time
Fear, Uncertainty, Doubt (FUD) is the business model of "modern" media
Torvalds Fed Up With "AI" Passing Fad, Calls It "Autocorrect on Steroids."
and Microsoft pretends that it is speaking for Linux
Gemini Links 21/04/2024: Minecraft Ruined
Links for the day