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

07.10.18

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 this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks

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. [Humour/Meme] The 'New' Edge (Chrome Copycat) is Already Dead, So Microsoft is Trying to Just Kill the Competition

    Edge market share is so minuscule that it doesn’t even make it into this chart (it’s in “other”); no wonder Microsoft now bullies Windows users into using it, for users reject it even after months of endless advertising/AstroTurfing and aggressive exploitation/appropriation



  2. Fourth of July in the United Kingdom and the United States

    In these bizarre times Independence Day is still being celebrated, even as so many people are out of work, running out of hope and being fed xenophobia in social control media with a racist 'celebrity' president (the "user in chief")



  3. [Humour] Bigger is Always Better When You're a Deluded Maximalist

    The EPO totally lost sight of its mission; it's just speeding everything up, very carelessly, not minding quality and accuracy/certainty/legal validity



  4. 'Managing Intellectual Property' Managing to Become Uncritical Parrot of EPO Management

    Managing to amplify the EPO's lies isn't hard; one just needs to copy, paste, edit a little; then they call it 'journalism', irrespective of the proven track record of EPO management lying to staff and to the media



  5. IRC Proceedings: Friday, July 03, 2020

    IRC logs for Friday, July 03, 2020



  6. Monopoly Abuse, Still: Microsoft Pays Projects to Embrace/Move to C#, GitHub and Visual Studio

    Microsoft's greatest of efforts to lull regulators into inaction and fool us all into thinking that things have changed are undone by actual behaviour, which is abusive, anti-competitive and just... typical Microsoft



  7. Links 4/7/2020: Grml 2020.06 and diffoscope 150 Released

    Links for the day



  8. [Humour/Meme] Don't Let a COVID Crisis Go to Waste When You're Eager to Find Excuses for Many Layoffs and Shutdowns

    Microsoft business units that were defunct (long-failing, well before COVID-19) are being thrown out and Microsoft exploits a virus to rationalise these decisions while spicing up media coverage with "Hey Hi" (AI) and "virtual" experience or Facebook (to give the false impression that nothing really goes away)



  9. Free Software Tackles Political Issues. Political Tactics Are Also Being Weaponised Against Free Software.

    Divide-and-rule tactics seem to have been exploited to weaken collaborative work on Free/libre software; the response to these tactics needs to start with realisation that this is going on (even if it's done in a somewhat clandestine nature)



  10. Offence and Racism

    o those in positions of power and privilege (financial) you are controllable by guilt; dividing us and causing us to feel guilt and fear (over potential offence) is a powerful social control mechanism and pretext for dismissal, censorship, humiliation



  11. Links 3/7/2020: TrueNAS 12 Beta 1, Librem 13 Product Line

    Links for the day



  12. [Humour] European Patents Only Useful Outside the Legal Framework?

    Patents that aren't valid in the eyes of courts would best serve patent trolls that settle out of courts, en masse



  13. Microsoft's Share in Web Servers Rapidly Falls to Just 4.5% (Falling More Than 5% in a Single Month)

    Microsoft's share as measured at Netcraft (de facto authority in this area) is rapidly declining; expect IIS to go the way of the dodo some time in the coming years



  14. The Lock-downs Are Over and Still Zero Media Coverage About EPO Scandals and Corruption

    The appalling state of journalism in Europe (and to some extent in the world at large) means that the EPO's management can get away with all sorts of horrible crimes and fraud; the silencing of the media is, in its own right, quite scandalous



  15. IRC Proceedings: Thursday, July 02, 2020

    IRC logs for Thursday, July 02, 2020



  16. “Microsoft's Deadly Love” by Alessandro Ebersol (Agent Smith)

    Full credit goes to PCLOS Magazine for publishing this good piece, which we’re reproducing



  17. Links 2/7/2020: Microsoft Partner Says GNU/Linux Share in Desktops/Laptops at 4% Even After Lock-downs, OpenSUSE Leap 15.2 and Mageia 8 Alpha 1 Released

    Links for the day



  18. Why People Should Never Ever Use DuckDuckGo

    DuckDuckGo is another privacy abuser in disguise; the above forum thread enumerates key reasons



  19. After 2 Years and 2 Days António Campinos is a Perfect Leader, Fostering EPO Abuses While Smiling

    EPO corruption persists, but this time the corruption enjoys better marketing/PR and complicit (or at best silent) media



  20. [Humour] As If Monopolies for Life Will Save People's Lives...

    The mentality of monopoly or the mindset of patent maximalism has been quick to exploit the deaths of half a million



  21. IRC Proceedings: Wednesday, July 01, 2020

    IRC logs for Wednesday, July 01, 2020



  22. IBM-Funded FSF Censors Itself on Software Patents

    Donald Robertson’s article bemoaning and openly condemning the U.S. Patent and Trademark Office (USPTO) over software patents, which it illegally grants in some cases, was modified a week later; and why? One can only guess… (but remember that the FSF’s foremost sponsor is lobbying against 35 U.S.C. § 101 and for software patents)



  23. [Humour/Meme] Remember That As Recently as Last Year Microsoft Was Still Shaking Down and Even Suing Companies Over 'Linux Patent Infringement'

    There's no 'new Microsoft' except a (better at) lying Microsoft; its covert actions tell us a lot about its ongoing hatred of GNU/Linux, which it is assaulting in new and more sophisticated ways



  24. Contrary to Common Misconceptions, Free Software is More 'Corporate' or More 'Enterprise-Grade' Than Proprietary Abandonware (All Proprietary Software Will Die)

    Free software can leverage the superficial and bland boardroom lingo/slang to promote itself; it would definitely harm or dilute/weaken the terms which proprietary software giants like to leverage against us



  25. Social Control Media Will Not Exist One Day

    Digital obsolescence and Internet bitrot — that’s what Social Control Media is really good for; as many Google+ ‘users’ (useds) found out, they’re just being ‘farmed’ for their ‘content’, which is neither valuable nor resilient (definitely of no value to Google)



  26. What Freedom of Software Actually Means to Us

    Liberty or libre (freedom) is about more than brands or personalities, as names or institutions or individuals can change or completely perish; but concepts outlast superficialities



  27. [Humour] Thinking Beyond Just the Linux Brand

    We're supposed to believe that because "Linux" is dominant we finally have freedom; but almost all the very big companies that are using GNU/Linux leverage it for freedom-hostile purposes and keep about 99% of their code secret from us, so the fight for software freedom must go on



  28. Corporate Media Blames 'China' and 'Open Source' for Back Doors in Microsoft's Intentionally Flawed Proprietary Software That's Causing Chaos

    'Red Scare' tactics are being used to divert attention away from Microsoft's incompetence and conspiracy with the NSA (to put back doors in everything, essentially making all software inherently vulnerable, by design)



  29. Microsoft Has Infiltrated Authorities and/or Their Consultation Processes

    In the European Union, the United States and just about everywhere else in the world one can find Microsoft officials replacing public officials, as if the decision-making too has been outsourced to the "Good Folks" from Microsoft



  30. Links 1/7/2020: Tails 4.8, Serpent OS

    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