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

07.07.18

Alice and Mayo (Inspiring § 101) Untouched for the Foreseeable Future, Meaning That the Patent Microcosm Now Smears the US Supreme Court

Posted in Courtroom, Patents at 2:58 pm by Dr. Roy Schestowitz

They’re resorting to attacks on judges and courts now…

Watchtroll

Summary: Frustration among the patent ‘industrialists’ (litigation ‘industry’) as guidelines maintain that abstract patents — such as software patents and business methods — are bunk and nothing is going to change any time soon (if ever)

The US Supreme Court has forced the USPTO to change its ways and in spite of very heavy lobbying like we’ve just mentioned, Section 101 isn’t going away; it’s not even being changed.

“…Section 101 isn’t going away; it’s not even being changed.”Patent maximalists will carry on whining about Section 101 every week if not every day, but Justices at the Supreme Court aren’t dealing with anything similar to Alice and Mayo. Their (almost) latest ruling in the domain of patents was WesternGeco (WesternGeco LLC v ION Geophysical Corp., a case regarding ‘damages’) and upcoming cases, picked only weeks ago, notably deal with prior art (§ 102), not patent scope. Kevin Dietz (Baker Donelson) has just mentioned the outcome in IAM, Joseph Robinson and Robert Schaffer did that over at Watchtroll and Richard Lloyd wrote about this again at IAM.

“….upcoming cases, picked only weeks ago, notably deal with prior art (§ 102), not patent scope.”What we’ve been seeing recently are more attacks from the patent microcosm on the US Supreme Court (SCOTUS) and its Justices. It’s rather revealing. They attack the Patent Trial and Appeal Board (PTAB), then the Federal Circuit (CAFC, recent example here), and now SCOTUS. Who next? Bullies is what they are. Here’s a new example of attacks on SCOTUS: “The lack of any engineering or scientific expertise on the S.Ct. has led to some disasterous decisions for the software and medical diagnostics areas; i.e. Alice and Mayo.”

No, they got it right and § 101 finally takes into account the need for something physical. Mr. Gross, a facilitator of patent trolls, wrote more rants about § 101, for example:

What #patent atty in their right mind wrote these claims? “…having an online user label an online product with a color; and outputting the product with the color to a display device, storage medium or network” http://appft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220180181986%22.PGNR.&OS=DN/20180181986&RS=DN/20180181986 … PTO: HELLO INVENTOR! PLEASE MEET 35 USC §101

Yes, well… they’re cleaning up by undoing these grants (made in error). Inventors should be pleased about it; patent maximalists like Mr. Gross? Not so much…

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 13/11/2018: HPC Domination (Top 500 All GNU/Linux) and OpenStack News

    Links for the day



  2. The USPTO and EPO Pretend to Care About Patent Quality by Mingling With the Terms “Patent” and “Quality”

    The whole "patent quality" propaganda from EPO and USPTO management continues unabated; they strive to maintain the fiction that quality rather than money is their prime motivator



  3. Yannis Skulikaris Promotes Software Patents at EPOPIC, Defending the Questionable Practice Under António Campinos

    The reckless advocacy for abstract patents on mere algorithms from a new and less familiar face; the EPO is definitely eager to grant software patents and it explains to stakeholders how to do it



  4. The U.S. Chamber of Commerce is Working for Patent Trolls and Patent Maximalists

    The patent trolls' propagandists are joining forces and pushing for a patent system that is hostile to science, technology, and innovation in general (so as to enable a bunch of aggressive law firms to tax everybody)



  5. Team UPC, Fronting for Patent Trolls From the US, is Calling Facts “Resistance”

    The tactics of Team UPC have gotten so tastelessly bad and its motivation so shallow (extortion in Europe) that one begins to wonder why these people are willing to tarnish everything that's left of their reputation



  6. The Federal Circuit Bar Association (FCBA) Will Spread the Berkheimer Lie While Legal Certainty Associated With Patents Remains Low and Few Lawsuits Filed

    New figures regarding patent litigation in the United States (number of lawsuits) show a decrease by about a tenth in just one year; there's still no sign of software patents making any kind of return/rebound in the United States, contrary to lies told by the litigation 'industry' (those who profit from frivolous lawsuits/threats)



  7. Links 12/11/2018: Linux 4.20 RC2, Denuvo DRM Defeated Again

    Links for the day



  8. Automation of Searches Will Not Solve the Legitimacy Problem Caused by Patents Lust

    The false belief that better searches and so-called 'AI' can miraculously assess patents will simply drive/motivate bad decisions and already steers bad management towards patent maximalism (presumption of examination/validation where none actually exists)



  9. The Federal Circuit and PTAB Are Not Slowing Down; Patent Maximalists Claim It's 'Harassment' to Question a Patent's Validity

    There’s no sign of stopping when it comes to harassment of judges and courts; those who make a living from patent threats and litigation do anything conceivable to stop the ‘bloodbath’ of US patents which were never supposed to have been granted in the first place



  10. Patent Maximalists Will Latch Onto Return Mail v US Postal Service in an Effort to Weaken or Limit Post-Grant Reviews of US Patents

    An upcoming case, dealing with what governments can and cannot do with/to patents (specifically the US government and US patents), interests the litigation 'industry' because it loathes reviews of low-quality and/or controversial patents (these reviews discourage litigation or stop lawsuits early on in the cycle)



  11. Guest Post: EPO Spins Censorship of Staff Representation

    Another concrete example of Campinos' cynical story-telling



  12. Andrei Iancu and Laura Peter Are Two Proponents of Patent Trolls at the Top of the USPTO

    Patent offices do not seem to care about the law, about the courts, about judges and so on; all they care about is money (and litigation costs) and that’s a very major problem



  13. The Patent 'Industry' Wants Incitations and Feuds, Not Innovation and Collaboration

    The litigation giants and their drones keep insisting that they're interested in helping scientists; but sooner or later the real (productive) industry learns to kick them to the curb and work together instead of suing



  14. EPO 'Outsourcing' Rumours

    The EPO advertises jobs in Prague and Lisbon; this leads to speculations less than a year after António Campinos sent EU-IPO jobs to India (for cost reduction)



  15. Links 11/11/2018: Bison 3.2.1 and FreeBSD 12.0 Beta 4

    Links for the day



  16. Pro-Litigation Front Groups Like CIPA and Team UPC Control the EPO, Which Shamelessly Grants Software Patents

    With buzzwords and hype like "insurtech", "fintech", "blockchains" and "AI" the EPO (and to some degree the USPTO as well) looks to allow a very wide range of software patents; the sole goal is to grant millions of low-quality patents, creating unnecessary litigation in Europe



  17. Latest Loophole: To Get Software Patents From the EPO One Can Just Claim That They're 'on a Car'

    The EPO has a new 'study' (accompanied by an extensive media/PR campaign) that paints software as "SDV" if it runs on a car, celebrating growth of such software patents



  18. The Huge Cost of Wrongly-Granted European Patents, Recklessly Granted by the European Patent Office (EPO)

    It took 4 years for many thousands of people to have just one patent of Monsanto/Bayer revoked; what does that say about the impact of erroneous patent awards?



  19. Links 10/11/2018: Mesa 18.3 RC2, ‘Linux on DeX’ Beta and Windows Breaking Itself Again

    Links for the day



  20. Unified Patents Takes Aim at Velos Media SEPs, Passed From Patent Aggressor Qualcomm

    The latest endeavour from Unified Patents takes aim at notorious standard-essential patents (SEPs), which are not compatible with Free/Open Source software and are typically invalid as per 35 U.S.C. § 101 as well



  21. Stacked Panels of Front Groups Against PTAB and in Favour of Patents on Life/Nature

    So-called 'panels' where the opposition is occluded or excluded try to sell the impression that greatness comes from patent maximalism (overpatenting) rather than restriction based on merit and rational scope



  22. With Patent Trolls Like Finjan and Blackbird Tech out There, Microsoft in OIN Does Not Mean Safety

    With many patent trolls out there (Microsoft’s Intellectual Ventures alone has thousands of them) it’s not at all clear how Microsoft can honestly claim to have reached a “truce”; OIN deals with issues which last manifested/publicly revealed themselves a decade ago (Microsoft suing directly, not by proxy)



  23. Links 9/11/2018: Qt 5.12.0 Beta 4, Ubuntu On Samsung Galaxy Devices, Rust 1.30.1

    Links for the day



  24. Microsoft is Supporting Patent Trolls, Still. New Leadership at USPTO Gives Room for Concern.

    New statements from Microsoft's management (Andersen) serve to show that Microsoft hasn't really changed; it's just trying to sell "Azure IP Advantage", hoping that enough patent trolls with their dubious software patents will blackmail GNU/Linux users into adopting Azure for 'protection'



  25. EPO Stacking up Buzzwords (4IR, AI, Now SDV) to Compel Examiners to Grant Patents on Algorithms

    Instead of looking for ways to better obey the law and comply with the EPC, President Campinos is creating new loopholes, further lowering patent quality in order to fake 'growth'



  26. EPO Needs to Publicly Apologise for Granting Bogus/Fake Patents to Aggressive Companies Like Monsanto (Now Bayer)

    Admission of patents being granted in error and/or against public interest may be a step towards acceptance that there is a problem; EPO management, however, keeps quiet about it



  27. The Death of the UPC is Only a “Tragedy” for Patent Trolls and Their Facilitators

    The Unified Patent Court (UPC) will likely never exist (ever); it's not hard to see who stands to lose from this demise of the UPC (before it even started)



  28. The António Campinos Private/Secret Meeting With ILO Officials a Slap Across the Face to Employees of the European Patent Office

    European Patent Office injustice prevails; the new President, António Campinos, is merely trying to cover up the abuses of the person who lobbied to put him in charge



  29. Links 7/11/2018: Unreal Engine 4.21 Released, Cinnamon 4.0 Preview, Rcpp 1.0.0

    Links for the day



  30. Techrights Turns 12, Upcoming Server Migration

    As we approach our 25,000th blog post we also prepare for migration to a new dedicated server


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