07.01.18

Gemini version available ♊︎

Anthony Kennedy’s Retirement From SCOTUS Means That the Patent Microcosm Has Selective Recollection

Posted in America, Law, Patents at 11:15 am by Dr. Roy Schestowitz

Anthony Kennedy on Wikipedia
Reference: Wikipedia

Summary: The US Supreme Court (SCOTUS) has been responsible for much of the actual reform in terms of patent scope, patent litigation venue and so on; patent maximalists, livid in the face of these changes, bring up Bilski and anything they can throw at the wall, hoping that something will miraculously stick

THE effort to derail Alice (a 2014 SCOTUS decision) isn’t stopping, having just entered its fifth year.

Dennis Crouch says that patent maximalists’ front groups (AIPLA, IPO, and NYIPLA) want software patents back. What a shocking surprise! Not!

This speaks of “35 U.S.C. § 101—Inventions Patentable” and then Crouch adds:

Here, the term “claimed invention” does not mean what might suggest — an invention that has been claimed in a patent or patent application. Rather, the term “claimed invention” is narrowly defined as “the subject matter defined by a claim in a patent or an application for a patent.” 35 U.S.C. 100(j). In other words, the “claimed invention” is what is claimed to be the invention.

Of course, the next step will be much more difficult for proponents of the legislation – getting Congress to act.

Congress does not need to act and it’s not for Congress to decide on anyway. A month ago Crouch kept sort of ‘bullying’ for Congress to get involved, even when it wasn’t asked to (misqoting or misinterpreting a Federal Circuit judge, who did not even mention Congress).

“Congress does not need to act and it’s not for Congress to decide on anyway.”IAM, the patent trolls’ lobby, did the same thing by stating: “The New York IP Law Association just released a statement in support of @IPO / @aipla proposal on re-writing of statute around patent eligible subject matter. Big sign of consensus in IP community on 101…”

By “IP community” IAM means patent maximalists. So the lawsuits ‘business’ agrees with lobby/front groups of the litigation giants, boosted by the patent trolls’ lobby, IAM. Great! So they all agree on that. How is that even newsworthy? It’s like saying that Japanese people agree on sushi.

“So the lawsuits ‘business’ agrees with lobby/front groups of the litigation giants, boosted by the patent trolls’ lobby, IAM.”But anyway, that’s just the tip of a bigger iceberg because there’s now a glimmer of hope among those people that Anthony Kennedy’s retirement will have consequences for patents. But will it? Some of the most vocal patent maximalists recall an old case, the Bilski case (Bilski v Kappos) from nearly a decade ago. One response to this said: “Kennedy made up for his bilski concerns in Alice, so careful what you wish for. You’ll not like his replacement, but Gorsuch & Roberts will” (naming the people who dissented on Oil States).

Well, the patent microcosm’s tears could fill up a bucket of 10 million milliliters (or patents). They just can’t stand SCOTUS and hope to reboot the whole court. As for Kennedy, he was hardly a patent-hostile person; they just sort of quote-mine him to make it sound like he opposes Alice (based on an unrelated decision from almost half a decade earlier!).

“They just can’t stand SCOTUS and hope to reboot the whole court.”Dennis Crouch and his chums then mentioned Kennedy’s record on patents, which is a lot more extensive than the Bilski case but they’re starting with Bilski v Kappos (probably by intention). It will certainly be interesting to see who gets nominated and appointed, but to suggest that Kennedy opposed Alice based on views expressed in an entirely different decision (of a different nature) is spin at best or lying at worst. But they’d cling onto anything…

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  2. Gemini Lets You Control the Presentation Layer to Suit Your Own Needs

    In Gemini (or the Web as seen through Gemini clients such as Kristall) the user comes first; it's not sites/capsules that tell the user how pages are presented/rendered, as they decide only on structural/semantic aspects



  3. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  4. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  5. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day



  6. The Web is a Corporate Misinformation/Disinformation Platform, Biased Against Communities, Facts, and Science

    Misinformation/disinformation in so-called 'news' sites is a pandemic which spreads; in the process, the founder of GNU/Linux gets defamed and GNU/Linux itself is described as the problem, not the solution to the actual problems



  7. Links 20/1/2022: McKinsey Openwashing and Stable Kernels

    Links for the day



  8. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  9. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  10. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  11. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  12. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  13. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  14. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  15. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  16. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  17. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  18. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  19. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  20. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  21. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  22. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  23. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  24. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  25. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  26. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  27. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  28. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  29. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  30. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day


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