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

06.09.18

Shawn Ambwani (Unified Patents) Refutes the US Chamber of Commerce on Patents, But the Patent Trolls’ Lobby (IAM) Uses Him to Trot Out Yet More Misleading Propaganda

Posted in Deception, Google, Patents at 2:49 pm by Dr. Roy Schestowitz

Having run out of factual/legitimate arguments, they nowadays resort to nutty conspiracy theories about Google

IAM logo and friends

Summary: Coming to grips with the strengthening of patents (quality) in the United States, those who rely on low-quality patents for blackmail purposes fire back at opponents of patent trolls and some persist with the crazy conspiracy theory that claims “Google” is behind everything

THE SCOTUS-complying USPTO will have to narrow down patent scope or risk being repeatedly embarrassed by the Federal Circuit (for having granted patents in error, reducing confidence in US patents).

Unified Patents, which we support, keeps demonstrating that some notorious US patents (used extensively for litigation or shakedown) are in fact bogus patents. It has just happened again to Roaring Brook Advisors, which certainly looks like a patent troll to Unified Patents. There was a bounty (they now offer those) and here’s the outcome:

Unified is pleased to announce the PATROLL crowdsourcing contest winner, Rohit Sood, who received a cash prize of $2000 for his prior art submission for U.S. Patent 6,909,359, allegedly owned by Roaring Brook Advisors, LLC, a suspected NPE. The ’359 patent generally relates to a medical notification device that may be worn as a wristwatch. To help the industry fight bad patents, we have published the winning prior art below.

The Patent Trial and Appeal Board (PTAB) came to the rescue yet again, combating bad patents of Silver State Intellectual Technologies. To quote Jain:

On June 8, 2018 the Board granted Silver State Intellectual Technologies’ request for adverse judgment and cancellation of all challenged claims in IPR2017-01198 filed by Unified Patents. This request comes after the PTAB’s decision to institute trial (and mere weeks before the Board’s anticipated final decision) on all claims of US 8,538,498 directed to an information and control system for use in a vehicle capable of communicating with remote servers through a communications network.

As one might expect, Unified Patents has come under attack from patent extremists who are connected to trolls. We gave some examples of these attacks before. It certainly seems like patent quality is a scary concept to some people and Unified Patents is a convenient ‘whipping boy’.

Recently, the patent trolls’ lobby (IAM) worked hard to deny and discredit a study from IP2Innovate, refusing to accept the simple fact that patent trolls are a growing problem in Europe. IAM is IP2Litigate. This is basically IAM’s job; they’re the voice of patent trolls. Recently came a ‘study’ they could actually embrace, not because it was rooted in facts but because the message suited the bogus narrative trotted out by the litigation ‘industry’. These patent maximalists were just trying to improve their profits by lying to officials with a bogus 'ladder' that IAM would soon boost along with Watchtroll and even Iancu himself.

Something a little surprising happened yesterday because on the face of it IAM permitted a refutation by Unified Patents’ Shawn Ambwani. “The authors of a much-quoted ranking that records a big drop in the standing of the US patent system have serious questions to answer about their methodology,” said the tweet. Sounds promising, right?

Patent maximalist Richard Lloyd precedes Unified Patents’ views with the usual nonsense. He dismisses this by promoting the controversial ‘study’ and attacking others’ studies, like one about patent trolls in Europe (IP2Innovate). This is how Lloyd writes, in essence attacking the very text he’s about to copy-paste:

In recent years much has been written and spoken about the relative decline of the US patent system recorded by the Global Innovation Policy Center’s “IP Index”. While in IP generally, the Index states that the US remains in number one place overall, its patent score has slipped. Last year the US lost its number one ranking, falling to 10th, level with Hungary. This year, while the US patent score went up, it still slipped two places.

The centre is an affiliate of the US Chamber of Commerce and its analysis of the American patent system has been seized on by various members of the patent community who are highly critical of recent changes introduced by both the courts and Congress. But should the index be relied on as an accurate measure of relative global standing?

We have been highly critical of how data has been used and abused with regard to patents in both the US and elsewhere over the years. For example, decidely dodgy claims have been made about the activities of NPEs over the years to justify patent reform in the US – something that is now spreading to Europe. Patents are a subject that legislators know little about and because of that the way data is presented really matters.Given how important innovation policy is, decsions have to be based on reality not on spin. And that applies to all sides in the argument.

According to Unified Patents’ Shawn Ambwani and Jonathan Stroud there are serious question marks over the methodology used by ththose who compile the rankings. These, they say, should be addressed before the index is used by anyone to advocate for a particular position.

How many people will ever read further? Lloyd just used this as an opportunity for lobbying, which is basically what he does in the US (under the guise of “journalism”).

“Shawn Ambwani is chief operating officer and Jonathan Stroud is chief IP counsel at Unified Patents,” it says at the bottom, but many paragraphs at the top are the lobbyists’ own.

Here’s what Ambwani said (excerpt):

The index also lacks context. The GIPIC starts its analysis by asking: “Does a given economy’s intellectual property system provide a reliable basis for investment in the innovation and creativity lifecycle?” But it never addresses or defines those terms; if innovation, investment and economic benefit aren’t defined in the index, how are they measured?

The report ostensibly spends substantial effort developing methodology and scoring to compare countries based on self-selected “baselines” on the pro-enforcement policies of the GIPC, but it does not show how its scoring correlates to or reflects “investment in the innovation and creativity lifecycle”. There is no suggestion, much less proof, that the US economy has suffered at all, much less at the hands of patent policies. There is also no evidence connecting the eight indicators to historical “investment”. The correlation between IP enforcement to economic benefit for US companies or the US economy (absent equal detriment to other US companies) have yet to be shown by any quantitative measurement.

Until innovation can be demonstrably related to the scores in the index, it remains little more than a transparent lobbyist’s tool. The first step toward repairing credibility would be to demonstrate that the scores affect innovation before trying to measure them for the future; that is, unless the purpose of the index is really just to provide talking points to lobbyists and policy hawks to support the ease of patent monetisation against other US companies.

We already wrote some responses to this, but we don’t have the ‘fire power’ or ‘access’ of well-funded (by trolls and law firms) lobbyists. They keep brainwashing USPTO officials (more on that later this weekend) and spreading ridiculous conspiracy theories, insinuating that patent law is improving just because of “Evil” Google (the latest headline from Steve Brachmann, published on June 8th, is “Google Changes Its Code of Conduct After Years of Being Evil Towards Patent Owners”). What have they got to show for it? The core paragraph is this: “To accuse Google of operating with malevolent intent in recent years in order to serve its own corporate interests. First of all, consider Google’s ample financial largesse to D.C. politicians around the time that the America Invents Act (AIA) was signed into law. This includes the $800,000 contributed to former President Barack Obama’s 2012 election campaign (making it the third-largest contributor to the Obama campaign), the nearly $900,000 contributed to federal candidates running in 2012 for the House and the Senate (which was split 49 percent to Democrats and 50 percent to Republicans) and the $18 million total lobbying expenditures during 2012, the eighth-largest federal lobbying total among all entities. If spending money to influence political debate towards unjust ends is evil, Google’s been guilty of that for years.”

What about law firms? And pharmaceutical companies? And countless others that are patent maximalists? What about technology companies other than Google? Google is like a drop in the ocean compared to the whole, but never let sites like Watchtroll (or IAM for that matter) digest reality, facts etc. that threaten loyalties with their own funding sources.

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 24/9/2018: Linux 4.19 RC5 From Greg Kroah-Hartman, OpenShot 2.4.3 Released

    Links for the day



  2. Reader's Article: Affaire Benalla Strongly Connected to EPO/OEB/EPA and Former President Benoît Battistelli

    A Macron scandal has led French media to finally (and years too late) exploring some of the much more explosive scandals at the EPO, revealing some interesting new details in the process



  3. Language Patent Lawyers Are Using to Warp the Debate and Decrease Public Understanding of Patents

    The patent microcosm, trying to get the public all baffled/confused about the patent system, continues (mis)using words to convey things in misleading ways



  4. USPTO FEES ACT Makes the US Patent Office a Money-Making Machine That Systematically Disregards Patent Quality

    The lingering issues with patent assessment at the US patent office, which unlike US courts isn't quite so impartial an actor (it benefits more from granting than from rejecting)



  5. Guest Post on Ronan Le Gleut and Benalla at the French Senate (in Light of Battistelli's Epic Abuses)

    Thoughts on the possibility that Battistelli will belatedly be held accountable for his abuses, knowing that a senator representing French Citizens residing Abroad comes from the EPO



  6. A Lot of US Patents Are Entirely Bogus, But Apple Was Willing to Pay for Them

    Apple's resistance to Qualcomm's patent aggression was preceded by very heavy ("thermonuclear" by Steve Jobs' description/words) patent wars against Android and even legitimisation of clearly bogus software patents from Amazon



  7. 'Owning' Nature, Thanks to Patent Insanity and People Who Profit From That

    Questionable patents on things that always existed and are merely being explained or reassembled; those sorts of patents typically serve to merely discredit the patent system and courts too increasingly reject such patents (e.g. SCOTUS on Mayo Collaborative Services and Myriad Genetics, Inc.)



  8. Patents Stranger Than Fiction and 'Protection' From Fictional Things

    Fictional things are being treated like "inventions" and insurance companies now look to exploit fear of fictional things (man-made concepts), such as ownership of mere ideas or words



  9. Benoît Battistelli Refuses to Talk to the Media About Bringing Firearms to the EPO

    Benoît Battistelli's highly aggressive approach has attracted the attention of French media; Battistelli has reportedly refused to comment on that matter, knowing that he lacks a defense (same thing happened after he had hauled millions of EPO euros to his other employer)



  10. Patent Law Firms Have Become More Like Marketing Departments With an Aptitude for Buzzwords

    What we're observing, without much reluctance anymore, is that a lot of patent lawyers still push abstract software patents, desperately looking for new trendy terms or adjectives by which to make these seem non-abstract



  11. Interlude: The Need to Counter Misinformation From the Patent and Litigation 'Industry'

    24,500 posts reached; so we pause and reflect, seeing that many sites/blogs of patent maximalists gradually ebb away



  12. Advocacy of the Unitary Patent System Has Become Almost Identical to the 'Leave' (Brexit) Campaign

    The charades of Team UPC carry on in Kluwer Patent Blog — a blog which for a very long time served no purpose other than Unified Patent Court (UPC) advocacy



  13. Open Invention Network is Rendered Obsolete in the Wake of Alice and It's Not Even Useful in Combating Microsoft's Patent Trolls

    Changes at the US Patent and Trademark Office (USPTO) and in US courts' outcomes may have already meant that patent trolls rather than software patents in general are a growing threat, including those that Microsoft is backing, funding and arming to put legal pressure on GNU/Linux (and compel people/companies to host GNU/Linux instances on Azure for patent 'protection' from these trolls)



  14. Bogus Patents Which Oughtn't Have Been Granted Make Products Deliberately Worse, Reducing Innovation and Worsening Customers' Experience

    How shallow patents — or patent applications that no patent office should be accepting — turn out to be at the core of multi-billion-dollar cases/lawsuits, with potentially a billion people impacted (their products made worse to work around such questionable patents)



  15. EPO is Like a Patent Litigation (Without Actual Trial) Office, Not a Patent Examination Office

    Examination of patent applications isn't taken seriously by an office whose entire existence was supposed to be about examination; bureaucracy at the top of this office has apparently decided that the sole goal is to create more demand (i.e. lawsuits) for the litigation 'industry'



  16. Philippe Cadre From the French National Institute of Industrial Property (INPI) Wants to Join António Campinos

    Yet another example of INPI's creeping influence if not 'entryism' at the EPO and this time too patent quality isn't a priority



  17. Links 22/9/2018: Mesa 18.2.1, CLIP OS, GPL Settlement in Artifex/First National Title Insurance Company

    Links for the day



  18. Links 21/9/2018: Cockpit 178, Purism 'Dongle'

    Links for the day



  19. Criticism of Unitary Patent (UPC) Agreement Doomed the UPC and Patent Trolls' Plan -- Along With the Litigation Lobby -- for Unified 'Extortion Vector'

    The Unitary Patent or Unified Patent Court (UPC) was the trolls' weapon against potentially millions of European businesses; but those businesses have woken up to the fact that it was against their interests and European member states such as Spain and Poland now oppose it while Germany halts ratification



  20. It Wasn't Judges With Weapons in Their Office, It Was Benoît Battistelli Who Brought Firearms to the European Patent Office (EPO)

    The EPO scandals deepen in light of a very major scandal which has occupied the French media for a couple of months



  21. Links 20/9/2018: 2018 Linux Audio Miniconference and Blackboard's Openwashing

    Links for the day



  22. Links 19/9/2018: Chromebooks Get More DEBs, LLVM 7.0.0 Released

    Links for the day



  23. Links 18/9/2018: Qt 5.12 Alpha , MAAS 2.5.0 Beta, PostgreSQL CoC

    Links for the day



  24. Today's European Patent Office (EPO) Works for Large, Foreign Pharmaceutical Companies in Pursuit of Patents on Nature, Life, and Essential/Basic Drugs

    The never-ending insanity which is patents on DNA/genome/genetics and all sorts of basic things that are put together like a recipe in a restaurant; patents are no longer covering actual machinery that accomplishes unique tasks in complicated ways, typically assembled from scratch by humans; some supposed 'inventions' are merely born into existence by the natural splitting of organisms or conception (e.g. pregnancy)



  25. The EPO Has Quit Pretending That It Cares About Patent Quality, All It Cares About is Quantity of Lawsuits

    A new interview with Roberta Romano-Götsch, as well as the EPO's promotion of software patents alongside CIPA (Team UPC), is an indication that the EPO has ceased caring about quality and hardly even pretends to care anymore



  26. Qualcomm's Escalating Patent Wars Have Already Caused Massive Buybacks (Loss of Reserves) and Loss of Massive Clients

    Qualcomm's multi-continental patent battles are an effort to 'shock and awe' everyone into its protection racket; but the unintended effect seems to be a move further and further away from 'Qualcomm territories'



  27. Links 17/9/2018: Torvalds Takes a Break, SQLite 3.25.0 Released

    Links for the day



  28. The Patent Trial and Appeal Board (PTAB) Helps Prevent Frivolous Software Patent Lawsuits

    PTAB with its quality-improving inter partes reviews (IPRs) is enraging patent maximalists; but by looking to work around it or weaken it they will simply reduce the confidence associated with US patents



  29. Abstract Patents (Things One Can Do With Pen and Paper, Sometimes an Abacus) Are a Waste of Money as Courts Disregard Them

    A quick roundup of patents and lawsuits at the heart of which there's little or no substance; 35 U.S.C. § 101 renders these moot



  30. “Blockchain” Hype and “FinTech”-Like Buzzwords Usher in Software Patents Everywhere, Even Where Such Patents Are Obviously Bunk

    Not only the U.S. Patent and Trademark Office (USPTO) embraces the "blockchain" hype; business methods and algorithms are being granted patent 'protection' (exclusivity) which would likely be disputed by the courts (if that ever reaches the courts)


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