07.10.18

Gemini version available ♊︎

Patent Trolls Rally/Advertise Thomas Massie’s Bill to Abolish PTAB and Promote Software Patents in the US

Posted in America, Deception, Law, Patents at 6:23 am by Dr. Roy Schestowitz

Adding to existing injustices

Bayh-Dole
Full paper [PDF]

Summary: Vocal patent maximalists (or think tanks of the litigation ‘industry’) want us to think that the US is too restrictive when it comes to patents (the opposite is true) and tries to change the law so as to plague/saturate the system with patent lawsuits they stand to gain from at the expense of practicing companies

THE patent maximalists want the unreasonable. They want to turn what’s public into private monopolies (e.g. publicly-funded research into patents) and then enjoy immunity from the Patent Trial and Appeal Board’s (PTAB) inter partes reviews (IPRs), even when such private monopolies get traded away with patent trolls that sooner or later tax the public.

“They want to turn what’s public into private monopolies (e.g. publicly-funded research into patents) and then enjoy immunity from the Patent Trial and Appeal Board’s (PTAB) inter partes reviews (IPRs), even when such private monopolies get traded away with patent trolls that sooner or later tax the public.”Moreover, the patent maximalists want to make companies accountable abroad (outside the US) for infringement of US patents as judged by US courts, as per Western Geco v Ion (see our remarks on this decision). The patent maximalists are to science what the NRA is to public safety. IPO now celebrates Western Geco v Ion in a new “IPO Webinar on Damages”. IPO’s aggressive lobbying for software patents has been covered here many times before; notice this webinar’s leaders; Microsoft’s ‘former’ Bart Eppenauer (now Shook, Hardy & Bacon LLP) is among them.

What bothers us even more is the vanity of patent maximalists, who insist that they should be writing everybody’s laws so as to enrich patent maximalists. This is corruption, but they rely on ‘proxies’ like politicians and pressure groups. Mind Watchtroll’s latest headline, speaking about needing to “[r]estore the patent system” (restore? It was never gone!) and “protect Bayh-Dole” (a subject covered here before, e.g. in [1, 2, 3, 4]).

There’s also an upcoming webinar “on 2018 Bayh Dole Revisions,” which patent maximalists described as follows yesterday: “Technology Transfer Tactics will be offering a webinar entitled “The 2018 Bayh Dole Revisions: Practical Compliance Guidance for Technology Transfer Offices” on July 17, 2018 from 1:00 to 2:00 pm (ET). Charles R. Macedo, Alan Miller and Brian Amos of Amster, Rothstein & Ebenstein LLP will address…”

That’s next week. Notice how only patent maximalists are speaking and attending. The hallmark of lobbying; they try to dominate the system and control the entire dialogue/debate about it. We see the same in Europe whenever or wherever the Unified Patent Court (UPC) gets discussed.

Watchtroll is quite revealing; it’s a lot more blatant and rude than the other patent maximalists. Only yesterday it resumed its Federal Circuit bashing, as we have noted a few times lately. It’s also smearing SCOTUS over its rulings, not just PTAB (not anymore). They are, at present, attacking just about anything, even the former Director of the USPTO (whom they tried to remove from her job). It’s disgusting to watch and this is why we end up with such an ugly system, where the prime goal seems to be granting monopolies on every single thing.

Shobita Parthasarathy, who gives a platform to a radical patent group associated with Watchtroll (showing how they burn patents in an unauthorised protest on USPTO premises), said that “The US patent system is a mess,” by which he means not what Watchtroll means. When Watchtroll said (yesterday) that it wants to “[r]estore the patent system” it means expanding patent scope, whereas Parthasarathy complains that patent scope has already gone way to far. Here are some of the cited examples:

But the dynamics of the patent system have changed in recent decades. Public health activists have filed lawsuits stating that, rather than increasing access to technology, patents create monopolies that make good health unaffordable and inaccessible for many. In 2013, a coalition of patients, health care professionals and scientists challenged patents covering genes linked to breast and ovarian cancer at the US Supreme Court. They argued the patents had led to expensive and poor-quality genetic tests available only through one company: Myriad Genetics, the patent holder.

Meanwhile, small farmers have organized protests against seed patents, suggesting they accelerate the corporate control of agriculture in ways that are damaging for their livelihoods, for innovation, for consumers and for the ecosystem.

And civil society groups have instigated legislative hearings and media campaigns arguing that patents implicitly provide moral certification for the development and commercialization of ethically controversial areas of research and development. Such campaigns began as early as the 1980s, when environmentalists, animal rights organizations and religious figures challenged the patentability of genetically engineered animals. They worried that by turning these animals into commodities, the patent system would transform people’s understanding of ownership and our relationship with the natural environment.

Patent system officials and lawyers tend to view this activism as seriously misguided. They argue that these citizen challengers lack the expertise to understand how the patent system works: It is a limited domain focused merely on certifying the novelty, inventiveness and utility of inventions. This technical and legal orientation is also embedded in the rules and processes of the system, which make it virtually impossible for average citizens to participate, except by submitting patent applications.

This article was later reposted a few times by Government Technology, under the headline “An Early Expression of Democracy, the US Patent System Is Out of Step with Today’s Citizen”.

The likes of Parthasarathy bother patent maximalists because the patent maximalists keep moaning that patents don’t go far enough; in reality, they already go way too far. Watch what the patent trolls’ lobby wrote yesterday. Adam Houldsworth seems to have no qualm promoting patents on nature/life. That’s just his job; that’s what IAM hired him for. When IAM says “but must wait for 101 guidance” it intentionally misleads the patent radicals it preaches to, as if Section 101/Alice/Mayo will imminently be overridden. This is pure fantasy/lobbying. Here’s the summary:

The US Supreme Court’s treatment of patentability in recent times has often been frustrating to life sciences innovators, with last month’s refusal to grasp the nettle of patent eligible subject matter in Cleveland Clinic Foundation v True Health Diagnostics being the latest setback. However, the highest court’s recent grant of certiorari in Helsinn Healthcare v Teva Pharmaceutical is a silver lining for inventors in the sector – creating the prospect of greater certainty on the rules surrounding prior art and novelty under Section 102, an issue which is of great importance that has been thrown into confusion by recent developments at the Federal Circuit.

The US Supreme Court isn’t overturning Alice/Mayo. In fact, it doesn’t even look into anything remotely like Alice/Mayo.

Another patent maximalist, Dennis Crouch, states the obvious, in an effort to slow PTAB down and defend bogus patents, having already attempted to twist the Constitution to influence Oil States and make PTAB obsolete. Is Dennis Crouch trolling the Patent Trial and Appeal Board (PTAB) on July Fourth? Hard to tell, but these people haven’t given up on the plot to abolish PTAB/IPRs.

Crouch recently did some 'marketing' for Thomas Massie, now backed by and promoted by patent maximalists like Kevin E. Noonan (McDonnell Boehnen Hulbert & Berghoff LLP), as expected. He probably paid to push this into Google News etc. as can be seen here. This was originally mentioned by Patently-O, which promoted it as one can expect (it’s a patent maximalism think tank). What we deal with here is basically a coup attempt; they’re writing the wishlist of the litigation ‘industry’, dressing that up as “Restoring America’s Leadership in Innovation Act.” It’s a pro-software patents, anti-PTAB bill (one of many, all of which have failed).

The reason why all these bills are going pretty much nowhere is that there’s resistance to them from anyone but the litigation ‘industry’. Here’s a new roundup of such bills, posted on Sunday by Watchtroll. When Watchtroll speaks of “Legislative Steps in the Pro-patent Direction” they all just mean patent maximlism, not “pro-patent”. Here for example is Massie’s effort:

New patent legislation would rectify some of the damage done by several court rulings and by Congress.

[...]

Reps. Thomas Massie (R-KY) and Marcy Kaptur (D-OH) have introduced H.R. 6264, the Restoring America’s Leadership in Innovation Act.

Notice the usually/typically loaded bill titles (with words like “innovation” that nobody wants to say “no” to). This article appears to have motivated this dramatic tweet about something that’s a week old and done during the summer recess (no politicians to support it): “BREAKING: US Software Patents are back with H.R. 6264, the Restoring America’s Leadership in Innovation Act (section 7 aims to get rid of Supreme Court’s Alice jurisprudence) [] Section 7 confirms the patentability of scientific discoveries and software. [...] The legislation largely adopts the language of recent proposals by the Intellectual Property Owners Association and American Intellectual Property Lawyers Association. [] It explicitly states that it “effectively abrogates” Alice and related Supreme Court opinions on patent eligibility [] US Software Patents Law: “This amendment abrogates Alice and its predecessors to ensure that life sciences discoveries, computer software, and similar inventions and discoveries are patentable, and that those patents are enforceable” https://cdn.patentlyo.com/media/2018/07/FinalPatentBill.pdf …”” (quoting the original)

“No, it won’t pass,” I told him. It’s just one of many failed efforts, going back almost to Alice (2014). It’s another shot in the dark. It’s being promoted by a patent troll, Dominion Harbor. That says a lot about who’s looking to benefit — the very antithesis of “innovation”.

We’re surprised that HTIA, EFF and others have not yet remarked on this bill. Many people are simply on holiday right now. Patent Progress, which strongly supports PTAB and is composed solely by Josh Landau (CCIA), wrote this a day ago:

Today, the Computer & Communications Industry Association submitted its comments opposing the Patent Office’s proposal to change the claim construction standard applied in AIA trials from the current broadest reasonable interpretation (BRI) to the Phillips standard district courts apply.

Here is the document [PDF] in question. Maybe it’s time for technology companies’ front groups to publicly explain what a ludicrous bill Massie put forth, serving nobody but the litigation ‘industry’ under the guise of “innovation”.

“Restoring America’s Leadership” is another one of those silly sound bites which is a loaded statement, perhaps alluding to the recent lies from the Chamber of Commerce. Leadership is still with the US, partly owing to patent reform, not in spite of it.

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: Wednesday, December 08, 2021

    IRC logs for Wednesday, December 08, 2021



  2. Microsoft Corporation is Still Protecting a Violent Criminal Who Assaults Women (Employing Him as Manager, Protecting Him From Arrest, Paying Him a Salary)

    Ahead of court and amid arrest warrant Microsoft still deems this a good idea? Then again, this same company works for ICE, helping to kidnap babies from their mothers...



  3. Links 8/12/2021: Linux 5.15.7 Out, Linux Mint 20.3 is Near

    Links for the day



  4. Links 8/12/2021: Zorin OS 16 Milestone and Calculate Linux 22 Released; Kubernetes 1.23

    Links for the day



  5. A Call for Sources and Whistleblowers From Microsoft's GitHub

    Remarks on our publications from this morning and a call for more leakers and whistleblowers, who know GitHub better than anybody else (including lots of fools who still outsource all of their hard labour to Microsoft through GitHub)



  6. [Teaser] Rape is Not a Joke

    Having just uploaded a police report, we’re starting to move the ongoing series to the next phase, which will still be — for the most part — weekly installments on Mondays (for months to come)



  7. [Teaser] Meet Microsoft’s Chief Architect of GitHub Copilot, Balabhadra (Alex) Graveley (Updated)

    Alex Graveley, a serial abuser, has been protected by Microsoft; what does that say about Microsoft and about Nat Friedman, GitHub’s CEO whom Alex considers his "best friend"? Stay tuned as we have plenty more to show



  8. IRC Proceedings: Tuesday, December 07, 2021

    IRC logs for Tuesday, December 07, 2021



  9. Links 8/12/2021: FreeBSD 12.3, EasyOS 3.1.13, and WordPress 5.9 Beta 2

    Links for the day



  10. [Meme] EU Assurances

    The EPO‘s staff cannot be blamed for losing patience as elected public representatives completely fail to do their job (with few exceptions)



  11. Clare Daly (GUE/NGL) Does What Every Public Official in Europe Should Have Done About EPO Shenanigans

    There’s another (new) push to hold the EPO accountable, seeing that the overseers clearly do not do their job and instead cover up the abuses



  12. Links 7/12/2021: Firefox 96 Beta and Fedora 37 Abandons ARMv7

    Links for the day



  13. Links 7/12/2021: Plasma Mobile Gear 21.12 and Tails 4.25

    Links for the day



  14. All IRC Logs Now Available as GemText Over Gemini Protocol

    Today we've completed the transition from plain text over gemini:// to GemText over gemini:// for IRC logs



  15. IRC Proceedings: Monday, December 06, 2021

    IRC logs for Monday, December 06, 2021



  16. [Meme] Rowing to the Bottom of the Ocean

    The EPO‘s Steve Rowan (VP1) is failing EPO staff and sort of “firing” workers during times of crisis (not at all a crisis to the EPO’s coffers)



  17. EPO Gradually Reduced to 'Fee Collection Agency' Which Eliminates Its Very Own Staff

    Mr. Redundancies and Mr. Cloud are outsourcing EPO jobs to Microsoft and Serco as if the EPO is an American corporation, providing no comfort to long-serving EPO staff



  18. Linux Foundation 2021 Annual Report Made on an Apple Mac Using Proprietary Software

    Yes, you’re reading this correctly. They still reject both “Linux” and “Open Source” (no dogfooding). This annual report is badly compressed; each page of the PDF is, on average, almost a megabyte in size (58.8 MB for a report of this scale is unreasonable and discriminates against people in countries with slow Internet connections); notice how they’re milking the brand in the first page (straight after the cover page, the 1991 ‘creation myth’, ignoring GNU); remember that this foundation is named after a trademark which is not even its own!



  19. Links 7/12/2021: OpenIndiana Hipster 2021.10 and AppStream 0.15

    Links for the day



  20. Microsoft “Defender” Pretender Attacks Random Software That Uses NSIS for installation; “Super Duper Secure Mode” for Edge is a Laugh

    Guest post by Ryan, reprinted with permission



  21. Links 6/12/2021: LibreOffice Maintenance Releases, Firefox 95 Finalised

    Links for the day



  22. “Wintel” “Secure” uEFI Firmware Used to Store Persistent Malware, and Security Theater Boot is Worthless

    Guest post by Ryan, reprinted with permission



  23. No Linux Foundation IRS Disclosures Since 2018

    The publicly-available records or IRS information about the Linux Foundation is suspiciously behind; compared to other organisations with a "tax-exempt" status the Linux Foundation is one year behind already



  24. Jim Zemlin Has Deleted All of His Tweets

    The Linux Foundation‘s Jim Zemlin seems to have become rather publicity-shy (screenshots above are self-explanatory; latest snapshot), but years ago he could not contain his excitement about Microsoft, which he said was "loved" by what it was attacking. Days ago it became apparent that Microsoft’s patent troll is still attacking Linux with patents and Zemlin’s decision to appoint Microsoft as the At-Large Director (in effect bossing Linus Torvalds) at the ‘Linux’ Foundation’s Board of Directors is already backfiring. She not only gets her whole salary from Microsoft but also allegedly protects sexual predators who assault women… by hiring them despite repeated warnings; if the leadership of the ‘Linux’ Foundation protects sexual predators who strangle women (even paying them a salary and giving them management positions), how can the ‘Linux’ Foundation ever claim to represent inclusion and diversity?



  25. Microsoft GitHub Exposé — Part IX — Microsoft's Chief Architect of GitHub Copilot Sought to be Arrested One Day After Techrights Article About Him

    Balabhadra (Alex) Graveley has warrant for his arrest, albeit only after a lot of harm and damage had already been done (to multiple people) and Microsoft started paying him



  26. The Committee on Patent Law (PLC) Informed About Overlooked Issues “Which Might Have a Bearing on the Validity of EPO Patents.”

    In a publication circulated or prepared last week the Central Staff Committee (CSC) of the EPO explains a situation never explored in so-called 'media' (the very little that's left of it)



  27. Links 6/12/2021: HowTos and Patents

    Links for the day



  28. IRC Proceedings: Sunday, December 05, 2021

    IRC logs for Sunday, December 05, 2021



  29. Gemini Space/Protocol: Taking IRC Logs to the Next Level

    Tonight we begin the migration to GemText for our daily IRC logs, having already made them available over gemini://



  30. Links 6/12/2021: Gnuastro 0.16 and Linux 5.16 RC4

    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