07.19.18

Gemini version available ♊︎

Some US Patents’ Quality is So Low That There’s a Garden Clearance/Fire Sale

Posted in America, Patents at 12:35 pm by Dr. Roy Schestowitz

Allied Security Trust (AST) is trying to offload many of them, the deadline being tomorrow

Australia and America

Summary: Rather than shoot worthless patents into orbit where they belong the Allied Security Trust (AST), collector of dubious patents [1, 2], will try to sell them to gullible opportunists and patent trolls (even if the said patents would likely perish in courts)

THE USPTO spent decades granting a lot of poor-quality patents (like those the EPO nowadays grants, due to Battistelli’s policies). Many of these patents will never be tested in courts (the vast majority will have expired without any court action), so it will be hard to tell just what proportion of these patents is bunk. There are no reliable estimates of that.

“Many of these patents will never be tested in courts (the vast majority will have expired without any court action), so it will be hard to tell just what proportion of these patents is bunk.”Many companies sell their patents in bulk, usually to patent trolls. Some get sold because the patents are about to expire, whereas others are sold due to a company’s bankruptcy. The term “fire sale” comes to mind. As Wikipedia defines it: “A fire sale is the sale of goods at extremely discounted prices, typically when the seller faces bankruptcy. The term originated in reference to the sale of goods at a heavy discount due to fire damage. A fire sale may or may not be a closeout, the final sale of goods to zero inventory. Fire sales are said to occur in the financial markets when bidders who value assets highly are prevented from bidding on them, depressing the average selling price below what it otherwise would be. This lowering of the price can cause even further issues because it may be inaccurately perceived as signaling negative information.”

“Many companies sell their patents in bulk, usually to patent trolls.”The abundance of US patents isn’t something to necessarily be celebrated; what really matters is how strict or lenient patent examination is; when it comes to patents, journalism or ‘articles’ these days are just a ‘shopping list’ of patents, e.g. this from RichmondBizSense: “Local patents for 7.18.18″ (yesterday)

Or this one from patent propaganda sites like “Dallas Innovates”/“Dallas Invents” series: “Dallas Invents: 97 Patents Granted for Week of July 10″ (this is the latest of many)

“Worthless patents are currently being sold by a parasitic entity, AST, using buzzwords like “Artificial Intelligence” and “Internet of Things” (typically software patents).”It’s nothing but a copy-paste job; they make no effort to assess or explain these patents.

Worthless patents are currently being sold by a parasitic entity, AST, using buzzwords like “Artificial Intelligence” and “Internet of Things” (typically software patents). Bring in the garbage trucks. They’ve just advertised these [1, 2] as follows:

Artificial Intelligence / Machine Learning
Augmented Reality / Virtual Reality
Automotive / Transportation Services
Blockchain
Internet of Things / Connected Devices
Smart Home
Software / Web Services
Wireless

The deadline is tomorrow. How many patent trolls will pick up patents in there? How many can be voided by Section 101?

Watchtroll’s guest writer, Alex Poltorak, wrote on July 12th about US patent number 10 million, which is likely bunk/bogus as per Section 101. To quote:

Last month, the U.S. Patent Office issued patent number 10,000,000. This historic occasion calls for rethinking our patent system and the future of American innovation.

In the past, such an event would have been a cause for celebration, a testimony to our ingenuity. Back then, patents were valuable assets, protecting and incentivizing innovation. A valid patent gave its owner the right to stop infringers in their tracks. Unfortunately, that is no longer the case.

Yes, not because of “bad courts” but because of bad patents — patents that should never have been granted, right? That silly celebration of 10 million patents could also be seen in Sioux Falls Argus Leader two days ago, courtesy of “Jeffrey Proehl [who] is a registered patent attorney with Woods, Fuller, Shultz & Smith P.C. in Sioux Falls.” Obviously he’s just marketing himself. It’s not really journalism, it’s PR.

“How many patent trolls will pick up patents in there? How many can be voided by Section 101?”Thankfully, software patents and other abstract patents have lost their ‘teeth; it’s like they are zombies or just “dead” (the term used by patent maximalists) because the Patent Trial and Appeal Board (PTAB) belatedly applies the law through inter partes reviews (IPRs). Here’s a new example of it, just published by Law 360:

PTAB Nixes 2 Customer Service Software Patents

The Patent Trial and Appeal Board has struck down two patents covering customer service software, finding that a California-based company’s patents are invalid as obvious.

In two final written decisions issued Monday, the PTAB ruled that tech company LivePerson Inc. had shown that 17 claims across two patents owned by rival [24]7.ai. Inc., formerly known as 24/7 Customer Inc., are both rendered obvious by a combination of earlier inventions.

Might this be a cautionary tale for those who still pursue software patents because the patent maximalists ‘pull a Berkheimer‘ or speak of the fictitious “Berkheimer Effect”? As we’ve shown here many times before, Berkheimer has not had a profound effect. Iancu the Trump appointee attempted to use it to weaken PTAB, but virtually nothing has changed. Denver Business Journal has just reported that he spoke in Denver, but other than that he has been keeping a really low profile lately. Ellie Mertens, a writer for the patent maximalists’ media, says that Berkheimer did have an effect, but her article is behind a paywall, so we’re unable to see what source or data she’s citing. The summary says:

New data reveals that findings of invalidity and the success of 101-based motions to dismiss have dropped since Berkheimer, the most important subject matter eligibility case of 2018

It’s only “the most important” in the eyes of patent maximalists who attempted to exploit it for their personal agenda (as did Iancu). Unless we actually see some hard data to support the above hypothesis, we’ll just continue to assume that Alice, together with TC Heartland and Oil States (also this year; far more important than Berkheimer), mean that software patents are bunk, courts that tolerate such patents are less accessible, and PTAB is free to invalidate them, based on the latter two decisions from SCOTUS, respectively. Berkheimer is just one among many Federal Circuit decisions.

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. EPO Has No F-ing Oversight

    Earlier today SUEPO mentioned this new article demonstrating that EPO President António Campinos can very obviously and blatantly violate the Code of Conduct of the Office without facing any consequences; there are translations too, so the report is now available in four languages



  2. [Meme] Linux-Rejecting Foundation

    The Linux Foundation never really leads by example; by default, it uses proprietary software



  3. Linux Foundation Almost Never uses Open Source

    The Linux Foundation uses proprietary software (look where they hire and take money from) and be sure they're probably not even aware of it



  4. Links 17/05/2022: Many More Games on GNU/Linux, YaST Development Report

    Links for the day



  5. Links 17/05/2022: Rocky Linux 8.6 and Budgie Desktop in Fedora

    Links for the day



  6. Patent Examiners Rising Up Against EPO Abuse

    Unhappy with the law-breaking autocracy (the EPO‘s management breaks the law as a matter of routine), fast-deteriorating working conditions and rapidly-decreasing quality of work (or lack of compliance with the law), workers have escalated further, topping off strikes and industrial actions with a large-scale petition



  7. [Meme] What Managers (Really) Mean by Acting Professionally

    The myth of 'professionalism' needs to die along with the façade of conformity as prerequisite for employment (Linus Torvalds can work just fine in a bathrobe in his own home)



  8. Internal Poll: 93% of European Patent Office (EPO) Workers Are Unhappy With the EPO

    On top of strike/s and industrial action/s there are now also petitions; at the EPO, almost all staff is "disgruntled" because of utterly corrupt and defunct leadership



  9. Links 17/05/2022: OpenSUSE Leap 15.4 Release Candidate

    Links for the day



  10. IRC Proceedings: Monday, May 16, 2022

    IRC logs for Monday, May 16, 2022



  11. Links 16/05/2022: FreeBSD 13.1 and Inkscape 1.2 Released

    Links for the day



  12. Archiving Latest Posts in Geminispace (Like a Dated Web Directory But for Gemini)

    Earlier today we saw several more people crossing over from the World Wide Web to Gemini; we're trying to make a decent aggregator and archive for the rapidly-expanding Geminispace, which will soon have 2,500 capsules that are known to Lupa alone



  13. Microsoft Vidal Does Not Want to Listen (USPTO is Just for Megacorporations)

    Microsoft Vidal knows her real bosses. They’re international corporations (multinationals like Microsoft), not American people.



  14. Links 16/05/2022: China Advances on GNU/Linux and Maui 2.1.2 is Out

    Links for the day



  15. Jim Zemlin: Chief Revenue Officer in 'Linux' Seat-Selling Foundation

    Board seats in the Linux Foundation are basically a product on sale, based internal documents



  16. Reminder: Linux Foundation's Last IRS Filing is Very Old (Same Year the CFO Left)

    People really need to ask the Linux Foundation, directly, why its filings are years behind; this seems like a sensitive subject



  17. Linux Foundation Does Not Speak for GNU/Linux Users

    There's a serious problem in the "Linux" world as the so-called 'Linux' Foundation claims to speak for us (the GNU/Linux community) while in fact speaking against us (on the payroll of those looking to extinguish us)



  18. IBM's Lennart Poettering on Breaking Software for Pseudo Novelty

    Recently-uploaded ELCE 2011 clip shows a panel with Linus Torvalds, Alan Cox, Thomas Gleixner, Paul McKenney, and Lennart Poettering (relevant to novelty or perceived novelty that mostly degrades the experience of longtime users, e.g. Wayland and systemd)



  19. IRC Proceedings: Sunday, May 15, 2022

    IRC logs for Sunday, May 15, 2022



  20. Links 15/05/2022: Linux 5.18 RC7 and Calls for More Mass Surveillance

    Links for the day



  21. Audio: Mark Shuttleworth Marketed to Young Males, With Sexy Pictures

    The Web is rotting away, old links become broken links within months or years, so I’ve decided to encode a 3-minute segment of the whole as Ogg



  22. What a Difference Half a Decade Makes (When Linux Foundation is 'Having Fun')

    Media shaming campaigns may have taken their toll on the founder of Linux, who is now bossed by someone who rejects Linux and is married to a Microsoft booster. Like Richard Stallman under FSF guidance (and conditions for return, mostly for fear of further media assaults and attack dogs), he has become a more publicity-shy and private person. The Linux Foundation has in effect reduced the founder of what it’s called after (Linux) into a weekly release manager and mascot, whose brand it is gradually diluting/cheapening.



  23. Links 15/05/2022: GNU libiconv 1.17

    Links for the day



  24. [Meme] Unitary Patent and Unified Patent Court (UPC) Cannot Be Reconciled With the Law

    Unitary Patent and Unified Patent Court (UPC)? Impossible. But Team UPC counts on an endless torrent of fake news managing to convince you (and more importantly politicians) otherwise.



  25. Even Team Battistelli is Sometimes Admitting -- Out in Public! -- That Unified Patent Court (UPC) is Neither Legal Nor Desirable

    Daniel X. Thomas and other people who are “too old to punish” (consequences to their career profoundly minimised owing to seniority) are among those who push back against the Unitary Patent or Unified Patent Court (UPC); any sane person — not a career-climbing litigation zealot — can identify the pertinent facts and realise that what’s going on here is an injustice of unprecedented proportions in the patent discipline



  26. [Meme] Common Sense at EPO

    The European examiners who deal with patents prefer a system that works for science, for Europe, not for foreign megacorporations that amass millions of low-quality patents and weaponise these to discourage competition



  27. Patent Granting at the EPO Has Collapsed by 24% Owing to Much-Needed Industrial Action

    Seeing that the EPO’s management routinely violates the law and even the very legal basis of the EPO’s existence (it is a monopoly in Europe; no body has the authority to compete against it), the EPO’s examiners have embarked on a ‘Work-to-Rule’ campaign — working in compliance with the rules as defined 49 years ago and revised over the decades — and the European Patent Convention (EPC) takes priority over unlawful demands from middle and upper management; this is proving highly effective so far and it will carry on until demands are met, i.e. until the law is obeyed and staff is treated with respect/dignity



  28. [Meme] Milan is a Suburb in London

    As long as Italy is not the UK and London means London “proper” (not the French town called London) the UPCA is invalid and no matter how much Team UPC (and its puppets in EPO management) may plead, this whole system is bound to implode



  29. The Latest Propaganda Tactics of Team UPC: Pretending Unified Patent Court Already Exists and Unitary Patents Are Default When If Fact None Even Exists

    8 years ago Benoît Battistelli said that the UPC was imminent; now, after 4 years of António Campinos, it’s still not here and Team UPC speculators say it won’t happen this year, either; just like the EPO constantly lies (both to the public and to its very own staff) Team UPC continues to lie to itself (self-delusion) and to us; both also routinely break the law, engage in deliberate violations of longstanding conventions, and scrap constitutions, which in turn becomes a breaking point for the EU’s credibility and the legal profession



  30. Links 15/05/2022: More Azure Shutdowns and Windows Security Blunders Aplenty

    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