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07.11.18

Cellspin Soft Will Likely Need to Pay the Accused Party’s Lawyers Too After Frivolous Litigation With Patents Eliminated Under 35 U.S.C. § 101

Posted in Deception, Patents at 3:07 am by Dr. Roy Schestowitz

Moral of the story: stop pursuing such patents and suing with them

Business oriented finance keywords relating to sales, marketing and banking

Summary: Pursuing bogus (questionable) patents and going even further by asserting them in court can be worse than a waste of time and money; it can actually cause the target of assertion to be compensated (legal fees) at the plaintiff’s expense — a critical fact largely ignored by the patent ‘industry’

We very recently mentioned Cellspin Soft (Cellspin Soft, Inc. v Fitbit, Inc.), a case which is interesting to us because it involves abstract (and thus bogus) patents. After 35 U.S.C. § 101 eliminated the patents in question it looks like the victim of the frivolous lawsuit — not the plaintiff — is to be compensated. Quite a reversal of fates, eh? Here are the details from yesterday:

Following a dismissal for lack of patentable subject matter, the court granted defendants’ motions for attorney fees under 35 U.S.C. § 285 because plaintiff’s litigation positions were exceptionally meritless.

“After 35 U.S.C. § 101 eliminated the patents in question it looks like the victim of the frivolous lawsuit — not the plaintiff — is to be compensated.”Why did the USPTO issue such patents in the first place? Cellspin Soft got burned pretty badly and it’s not the fault of Fitbit. When patent quality is lowered so much by the Office only the lawyers win. The only question is, “who pays their bills?”

We are rather disturbed to see the daily bad advice from law firms, which are egging on and encouraging firms to pursue software patents, sometimes even taking these to courts. These law firms certainly know that this is bad advice, but this is the kind of advice they profit from.

“Sadly these have become very common, exploiting the death of proper journalism.”Here in the UK, for example, Marks & Clerk members of staff habitually promote such bad advice. They not only give bad advice but also lobby for software patents, UPC etc. Mind this new puff piece about promotions there. Those aren’t news; they’re just marketing disguised as ‘journalism’. Also mind this other article from yesterday. Bad advice, as usual, from patent maximalists looking for (and profiting from) legal chaos. It’s Withers & Rogers in this case, just trying to sell very bad advice. To quote:

Tech companies should shop for patents to bolster their portfolios

[...]

According to Michael Jaeger, partner and patent attorney, specialising in the fields of consumer electronics, telecoms and medical devices at intellectual property firm, Withers & Rogers, this is a missed opportunity. He said:

[...]

There are many ways to find patents to acquire. Patent buying events, such as the IP3 event organised by Allied Security Trust (AST), offer easy access to information about bundles of patents, which are grouped according to their technological focus. This year’s IP3 event, which is inviting offers from 9 – 20 July 2018, features patents in eight categories: artificial intelligence, augmented and virtual reality, automotive, blockchain, internet-connected devices, smart home, software and communications. In addition, patent brokerage firms can help companies to locate and obtain patents in their area of technology.

Allied Security Trust (AST) was last mentioned here in May. They’re actually promoting patent predators and encouraging companies to shell out money for the predators. This Ground Six/Bdaily-affiliated site (hard to know who exactly is behind it, but it seems rather dodgy) perpetually reminds us that patent “news” is not really news but just marketing disguised as such. We wrote about such sites 12 days ago. Sadly these have become very common, exploiting the death of proper journalism.

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