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

06.12.18

IPBC, a Patent Trolls-Funded Event of IAM, is Advancing the Attacks on Section 101/Alice

Posted in America, Deception, Patents at 1:34 am by Dr. Roy Schestowitz

Agenda up for sale

Cheque writing

Summary: Andrei Iancu preaches to the litigation ‘industry’ in an event (lobbying opportunity) organised by the patent trolls’ lobby, IAM

THE patent trolls’ lobby, IAM, has received plenty of money from patent trolls (in Europe as well, e.g. Sisvel among others). It’s all right there in the “Sponsors” page for IPBC. Even Microsoft and several of its trolls and/or front groups (we can count at least six right there) are paying IAM. Just remember that IAM’s authors have their hands tied; they know where the money comes from and what to deliver in return, e.g. in terms of bias or agenda.

So when USPTO Director Iancu goes to speak at IPBC we more or less know the audience he speaks to. He too knows the audience. Yesterday morning Joff Wild (IAM’s editor) said:

In a couple of hours, the educational part of the event begins with a keynote presentation from USPTO Director Andrei Iancu. That will be followed by a debate on the motion “This house believes that despite recent negative developments, the United States remains and will continue to be the driving force of the global patent market”.

Iancu’s talk was mentioned by Watchtroll last night and Mr. Lloyd (IAM), who has been lobbying Iancu, helps the bashing of Section 101. From the event’s rather long report:

Iancu on dysfunctional 101 – For his keynote speech to open this year’s IPBC Global, USPTO Director Andrei Iancu addressed one of the meatiest and most problematic issues facing the US patent system. As any market observer knows, determining what is patentable under section 101 of the US statute has been the focus of constant review by the Supreme Court and Court of Appeals for the Federal Circuit. Both, according to many stakeholders, have only added uncertainty to the eligibility debate. Iancu has hinted a number of times in public before that he thinks there are major issues with 101 and eligibility. Today, though, he put his cards squarely on the table and made clear that he does not believe the current state of affairs is sustainable. In tackling the issue head on Iancu asked whether Thomas Edison’s original phonograph would have survived the kind of patentability analysis that applications are today subject to at the USPTO itself and in the courts. Although Edison’s truly ground-breaking invention did receive a patent back in 1878 and in less than three months, Iancu suggested that fast-forward to today and similarly disruptive technology might have trouble getting through the two-step Alice test. “For many modern technologies,” he said, “we are nowadays going through a tortured exercise that asks as a threshold question: Do we want to prevent a patent even if the invention is perhaps entirely novel, completely nonobvious, enabled and well-claimed?” He went on to point out that that question is proving extremely difficult to answer: “Inventors and their lawyers, examiners, district court judges and Federal Circuit judges are all struggling on a daily basis trying to figure out what is in and what is out.” To help solve some of their struggles, Iancu suggested that the approach should be simplified. “In the end, as we go through the process under the current statute, we should not over-complicate, and we ought not to twist ourselves into a pretzel on every single case,” he insisted. While much of the recent focus by the courts and stakeholders has been on the state of 101, Iancu pointed out that there were other sections of the statute – namely sections 102, 103 and 112 – which were designed to filter out questionable patent applications. To that end, he suggested that the patentability analysis return to its original filter: “Is the patent merely on a defined building block of scientific or technological work, or is it instead on a practical application of it?” To help make his point he referred back to Justice Thomas’s decision in the Alice case which urged that the Supreme Court’s ruling should be narrowly construed “lest it swallow of all of patent law”. While there are growing calls for Congressional action to re-write section 101 – and several IP groups including IPO, AIPLA and the ABA’s IP section – have proposed possible changes to the statute, it was notable that Iancu used his speech to emphasise that the tools to fix the problem already exist. It was a message that met with many nodding heads among the delegates and meant that this year’s IPBC started with an undoubted buzz about a shift in the US patent market. (RL)

In short, as we expected all along, Iancu is like a ‘mole’ of the patent litigation ‘industry’ (which he himself came from). But he’s not a judge and he does not decide on law or even caselaw. Iancu can badmouth Section 101 all he wants, but if he waters it down and courts then invalidate an even greater proportion of patents granted by the USPTO, the Office will simply doom itself and Iancu be viewed as an utter failure.

Curiously enough, IAM does not mention Battistelli who was supposed to be a keynote speaker, promoting software patents at the EPO. We might soon know what’s going on. He’s still listed as a speaker in the “Speakers” page, but maybe he opens the last day’s session (i.e. today). We’ll say more about this corrupt thug in our next post.

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

Leave a Comment

You must be logged in to post a comment.

What Else is New


  1. The EPO Seems to Have Corrupted ILO/ILO-AT Like It Corrupted the Media and Academia (Using 'Toxic' EPO Budget)

    People are starting to notice and point out compositional flaws and potentially very serious conflicts of interest inside ILO, which is supposed to ensure justice for EPO workers and is instead stonewalling the vast majority of them (just like Battistelli's kangaroo courts inside the EPO)



  2. Benoît Battistelli's 'Dowry' From the Administrative Council of the EPO

    The dreadful state of the EPO, where one man controls everything and mismanages money (sending a huge amount of money to his other employer, giving himself a massive bonus or a "golden parachute", allegedly paying for national delegates' votes and gambling with EPO budget), won't be improved until the entire organisation removes "Team Battistelli" (the manifestation of Battistelli's 8-year rogue regime)



  3. Patent Extremism -- Like All Extremes -- Leads to Bad Outcomes

    Religiously believing in the value of all granted patents is a form of extremism which actively puts many lives at risk; the sooner this is realised, the better off society will be



  4. Even After SAS Institute, Inc. v Iancu (Decision on PTAB) There's No Stopping the Crackdown on Bogus US Patents

    Technology firms take advantage of PTAB, eliminating patents that should never have been issued by the US patent office in the first place; that makes it incredibly difficult for patent maximalists (led by Iancu) to phase PTAB out, more so after Oil States Energy Group v Greene’s Energy



  5. Can Alice/35 U.S.C. § 101 Stop Microsoft-Connected Patent Trolls in the US?

    The latest lawsuits and inter partes reviews (IPRs) which deal with Microsoft-connected trolls and other potentially-suspicious activities



  6. TC Heartland is Still Deterring and Suppressing Patent Trolls in the United States

    Eastern Texas is being 'evacuated' in the wake of TC Heartland, which continues to be brought up by legal defense teams



  7. The ILO Tribunal: Is It Still Worthy of Our Trust?

    Trusting ILO-AT has become a lot harder in light of its handling of EPO scandals



  8. The Dangerous Adoption of Patents on Life and Nature

    In the face of pressure from patent maximalists, as well as an appointment of a patent maximalist to the top of the US patent office, lawyers/law firms which strive to extend patent scope to life itself (or nature) seem to be getting their way



  9. Stronger Patents or None at All: How the Greed of Patent Law Firms and the Patent Office Contributes to Bogus Software Patents Being Amassed

    Alice Corp. v CLS Bank continues to be the sole recent reference for handling of software patents; that being the case, it's rather disturbing that patent law firms continue to recommend patenting of software and offer lousy excuses for that (mainly because they profit at the expense of those foolish enough to believe them)



  10. Patent Strengthening Would Necessarily Mean Lowering the Number of Patents Granted After Alice/35 U.S.C. § 101

    The concept of patent strength is being distorted in all sorts of ways and acronyms like IPR still being used not to describe the process by which bad patents get eliminated but to spread propaganda like 'intellectual' 'property' 'rights'



  11. Watchtroll's Reaffirmed Hatred Towards Science and Technology, Shattering the Myth About Patent Law Firms Trying to 'Help' Innovation

    The anti-technology rhetoric (what they call derogatorily "Big Tech") of patent maximalists is ruining their old narrative which goes something along the lines of helping inventors



  12. Nearly Half of Patent Applications at the EPO Are (at Least Partly) Software Patents, According to the EPO, and Not Many Patents Are European (Foreign, Not Domestic)

    With lack of care for examiners, for European businesses and for science in general the EPO carries on unabated; its agenda seems to be steered by Team UPC, which is looking to profit from lots of foreign lawsuits across Europe (relying on low-quality patents that wouldn't pass muster in national courts)



  13. Patent Factory Europe (PFE) is a Patent Troll's Publicity Stunt, Attempting to Frame a Predator as the Small Businesses' Friend and Ally

    Patent troll "France Brevets" with its tarnished name (it's the shame of France, a major source of shame other than Battistelli) has decided to do a charm offensive which characterises it as a friend of small firms (SMEs)



  14. Alice, Which Turns Four, Has Saved Billions of Dollars Previously Wasted on 'Protection' Money (Notably Patent Trolls)

    Alice has turned 4 (just five days ago) and software patents have never looked weaker (close to impossible to enforce in high courts in the United States), lowering the incentive to pursue such patents in the first place



  15. Links 23/6/2018: Kodi 18 Alpha 2, Peppermint 9, Wine 3.11

    Links for the day



  16. Somewhat Underwhelming Reception for US Patent Number 10,000,000 (Which Actually Isn't)

    While US patent number 10,000,000 did, in fact, get issued (several days ago) there are un-ignorable reminders that a lot more patents exist and the high number says more about neglected quality than actual, objective success



  17. The United States' Supreme Court Takes the Side of Patent Maximalists, for a Change

    WesternGeco LLC v. ION Geophysical Corp. reaches its conclusion; while it has zero effect on patent scope, it does serve to show that the US Supreme Court (SCOTUS) isn’t inherently biased against patents in general



  18. Mainstream Media in Germany Covers Battistelli's Corruption at the EPO Just as He Leaves

    Mainstream German media writes about Battistelli's scandals that nobody seems eager or wishes to discuss, let alone bring up; law-centric German media covers the now-famous open letter from German law firms (Grünecker, Hoffmann Eitle, Maiwald, and Vossius & Partner)



  19. Links 22/6/2018: PulseAudio 12.0, Krita 4.1 Beta, LabPlot 2.5, Git 2.18.0

    Links for the day



  20. “Dr Ernst Should be Forced by National Politicians to Step Down With Immediate Effect” After Battistelli's Latest EPO Scandals

    Further discussions about the horrible legacy of Battistelli and his protectors, who seem to be interested in a patent trolls-friendly patent system which devalues workers and consciously lowers the patent bar (at all costs, even violation of laws and constitutions)



  21. Links 21/6/2018: Microsoft's 'Damage Control' Amid Role in ICE Scandals, 11-Hour Azure Downtime (Again), GNOME 3.29.3, and More GNU/Linux Wins

    Links for the day



  22. Battistelli and Topić Lose Their Bogus 'Case' Against Judge Corcoran After They Defamed Him and Ruined His Career/Life

    The SLAPP action against Judge Patrick Corcoran, who has so far won all cases involving the EPO, is finally dismissed in Germany; what remains is an ugly legacy at the EPO, wherein everyone bold enough to say something about corruption at the top is having his or her life — not just career — destroyed



  23. Even Media of the Patent Microcosm Mentions the Decline in Quality of Patents at the EPO, Based on Its Very Own Stakeholders, While IAM Ignores the News

    The whole world basically accepts, based on patent examiners as well as those whom they interact with (patent agents), that patent quality at the EPO has sunk; but the EPO and IAM continue to vigorously deny that as it threatens some people's nefarious agenda



  24. Links 20/6/2018: Qt 5.11.1, Oracle Solaris 11.3 SRU 33, HHVM 3.27.0, Microsoft Helping ICE

    Links for the day



  25. Patent Extremists Are Unable to Find Federal Circuit Cases That Help Them Mislead on Alice

    Patent extremists prefer talking about Mayo but not Alice when it comes to 35 U.S.C. § 101; Broadcom is meanwhile going on a 'fishing expedition', looking to profit from patents by calling for embargo through the ITC



  26. What Use Are 10 Million Patents That Are of Low Quality in a Patent Office Controlled by the Patent 'Industry'?

    The patent maximalists are celebrating overgranting; the USPTO, failing to heed the warning from patent courts, continues issuing far too many patents and a new paper from Mark Lemley and Robin Feldman offers a dose of sobering reality



  27. The Eastern District of Texas is Where Asian Companies/Patents/Trolls Still Go After TC Heartland

    Proxies of Longhorn IP and KAIST (Katana Silicon Technologies LLC and KAIST IP US LLC, respectively) roam Texas in pursuit of money of out nothing but patents and aggressive litigation; there's also a Microsoft connection



  28. EPO Insiders Correct the Record of Benoît Battistelli’s Tyranny and Abuse of Law: “Legal Harassment and Retaliation”

    Battistelli’s record, as per EPO-FLIER 37, is a lot worse than the Office cares to tell stakeholders, who are already complaining about decline in patent quality



  29. Articles About a Unitary Patent System Are Lies and Marketing From Law Firms With 'Lawsuits Lust'

    Team UPC has grown louder with its lobbying efforts this past week; the same lies are being repeated without much of a challenge and press ownership plays a role in that



  30. The Decline in Patent Quality at the EPO Causes Frivolous Lawsuits That Only Lawyers Profit From

    The European Patent Office (EPO) will continue granting low-quality European Patents under the leadership of the Battistelli-'nominated' Frenchman, António Campinos; this is bad news for science and technology as that quite likely means a lot more lawsuits without merit (which only lawyers profit from)


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