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

08.12.18

Keep Boston (and Massachusetts in General) From Becoming an Infestation Zone for Patent Litigation

Posted in America, Courtroom, Patents at 3:23 pm by Dr. Roy Schestowitz

“Although the District of Delaware saw the largest increases by number of cases in 2017, other districts including the District of Massachusetts, the Western and Southern Districts of Texas, and the Western District of Washington all saw significant increases in terms of percentage over 2016.” (Source: Lex Machina)

Boston at night

Summary: Boston, renowned for research and innovation, has become somewhat of a litigation hotbed; this jeopardises the state’s attractiveness (except perhaps to lawyers)

THE EPO seems eager to attract patent trolls, having clearly failed to heed warnings from the United States. China has made similar mistakes and belatedly realised that.

In the United States the District of Delaware is overtaking East Texas as the ‘capital’ of patent litigation and last week we took note of Massachusetts becoming increasingly attractive to it as well. We keep hearing of more and more cases from Massachusetts, Boston in particular.

“A lot of the research in question was funded by taxpayers; this begs the question, why were patents pursued in the first place and why are these being litigated over (through a sort of proxy, the “Trustees of Boston University”)? It’s unjust.”A few days ago Kluwer Patent Blog wrote about the High Court in the UK dealing with Boston Scientific Scimed, which deals with medical devices and is formally based in Marlborough, Massachusetts. Just shortly before that we saw Boston University mentioned in relation to a District Court and the Federal Circuit, especially in the case of Everlight Electronics (recently, as in last week, covered here in passing, taking note of Boston University's past with patents). Patent Docs wrote about it some days ago, speaking about the patent’s (granted by the USPTO) particulars:

The ’738 patent describes a method for producing GaN semiconductors using a form of epitaxy termed molecular beam epitaxy, which is “a two step process comprising a low temperature nucleation step and a high temperature growth step.” This produces a first buffer layer of amorphous GaN when heated in the second step to “crystallize the amorphous layer.” This permits monocrystalline GaN to be grown on the crystallized substrate layer.

The District Court construed the term “grown on” to mean “formed indirectly or directly above,” and construed the term “a non-single crystalline buffer layer” to mean “a layer of material that is not monocrystalline,” i.e., one that is polycrystalline, amorphous, or a mixture of amorphous and polycrystalline, and that is “located between the first substrate and the first growth layer.” The parties’ disagreement, and the Federal Circuit’s opinion, concerned construction of the term “grown on.”

A lot of the research in question was funded by taxpayers; this begs the question, why were patents pursued in the first place and why are these being litigated over (through a sort of proxy, the “Trustees of Boston University”)? It’s unjust.

As we have repeatedly noted here lately, East Texas with its appeal for trolls has become a deterrent against businesses operating there. A lot of true innovation has happened in Massachusetts for centuries; if the state becomes a hotspot for patent litigation, however, this advantage can be put at risk/peril. There’s plenty of research on that, including some from Boston itself (e.g. Professor Bessen).

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 16/12/2018: DXVK 0.94, WordPress 5.0.1, Fuchsia SDK

    Links for the day



  2. Immunity of the European Patent Office Has Helped Shield Dangerous Thugs From Justice

    The Topić case is set to resume in Croatia as Topić runs out of diplomatic immunity he long enjoyed (and exploited) at the European Patent Office



  3. Patent Law Firms' War on Facts and Constant Lying About Unitary Patent

    The Unitary Patent or Unified Patent Court (UPC) has failed; this, however, is no excuse for constantly lying and it's a problem more people ought to speak about because it stigmatises lawyers as self-serving liars, not a legitimate source of honest legal advice



  4. EPO Chief Economist Yann Ménière Keynote Speaker at Patent Trolls-Funded Event Set Up by the Patent Trolls' Lobby

    The EPO continues to align itself not only with the interests of patent trolls (even those from another continent) but also with the trolls themselves, causing great embarrassment and confusion over the goals/motivations of the Office



  5. The European Patent Organisation (EPO) Loses Legitimacy If (or When) Christoph Ernst Becomes Subservient to António Campinos

    The structural deficiencies of the EPO, where separation of powers does not quite exist, is further pronounced by the imminent role of Christoph Ernst, who gets 'demoted' from pseudo-boss of Campinos to a mere assistant of his



  6. Links 15/12/2018: Cockpit 184, Vivaldi 2.2, Krita 4.1.7 Released

    Links for the day



  7. Links 13/12/2018: IRS Migration, GNOME 3.31.3 Released

    Links for the day



  8. Patent Trial and Appeal Board (PTAB) Decisions Still Uncontroversial Unless One Asks the Patent Maximalists

    Contrary to what the Director of the U.S. Patent and Trademark Office has claimed, PTAB is liked by companies that actually create things and opposition to PTAB comes from power brokers of the Koch brothers, law firms, and trolls (including those who foolishly repeat them)



  9. Latest Talk From IBM’s Manny Schecter Shows That IBM Hasn't Changed and After the Red Hat Takeover It'll Continue to Promote Software Patents

    IBM's hardheaded attitude and patent aggression unaffected by its strategic acquisition of a company that at least claimed to oppose software patents (whilst at the same time pursuing them)



  10. The European Patent Troll Wants as Much Litigation as Possible

    Patent quality is a concept no longer recognisable at the European Patent Office; all that the management understands is speed and PACE, which it conflates with quality in order to register as much cash as possible before the whole thing comes crashing down (bubbles always implode at the end)



  11. António Campinos Turns His 'Boss' Into His Lapdog, Just Like Battistelli and Kongstad

    The European Patent Organisation expects us to believe that Josef Kratochvíl will keep the Office honest while his predecessor, the German who failed to do anything about Battistelli's abuses, becomes officially subservient to António Campinos



  12. Links 12/12/2018: Mesa 18.3.1 Released, CNCF Takes Control of etcd

    Links for the day



  13. EPO Trust, Leadership and Commitment

    "Trust, leadership and commitment" is the latest publication from EPO insiders, who in the absence of free speech and freedom of association for the union/representation are an essential spotlight on EPO abuses



  14. Links 11/12/2018: Tails 3.11, New Firefox, FreeBSD 12.0

    Links for the day



  15. Number of Filings at the Patent Trial and Appeal Board (PTAB) Highest in Almost Two Years

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), which [cref 113718 typically invalidate software patents by citing 35 U.S.C. § 101], are withstanding negative rhetoric and hostility from Iancu



  16. With 'Brexit' in a Lot of Headlines Team UPC Takes the Unitary Patent Lies up a Notch

    Misinformation continues to run like water; people are expected to believe that the UPC, an inherently EU-centric construct, can magically come to fruition in the UK (or in Europe as a whole)



  17. The EPO Not Only Abandoned the EPC But Also the Biotech Directive

    Last week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first placeLast week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first place



  18. Patents on Abstract Things and on Life (or Patents Which Threaten Lives) Merely Threaten the Very Legitimacy of Patent Offices, Including EPO

    Patent Hubris and maximalism pose a threat or a major risk to the very system that they claim to be championing; by reducing the barrier to entry (i.e. introducing low-quality or socially detrimental patents) they merely embolden ardent critics who demand patent systems as a whole be abolished; the EPO is nowadays a leading example of it



  19. Links 10/12/2018: Linux 4.20 RC6 and Git 2.20

    Links for the day



  20. US Courts Make the United States' Patent System Sane Again

    35 U.S.C. § 101 (Section 101), the Patent Trial and Appeal Board (PTAB) and other factors are making the patent system in the US a lot more sane



  21. Today's USPTO Grants a Lot of Fake Patents, Software Patents That Courts Would Invalidate

    The 35 U.S.C. § 101 effect is very much real; patents on abstract/nonphysical ideas get invalidated en masse (in courts/PTAB) and Director Andrei Iancu refuses to pay attention as if he's above the law and court rulings don't apply to him



  22. A Month After Microsoft Claimed Patent 'Truce' Its Patent Trolls Keep Attacking Microsoft's Rivals

    Microsoft's legal department relies on its vultures (to whom it passes money and patents) to sue its rivals; but other than that, Microsoft is a wonderful company!



  23. Good News: US Supreme Court Rejects Efforts to Revisit Alice, Most Software Patents to Remain Worthless

    35 U.S.C. § 101 will likely remain in tact for a long time to come; courts have come to grips with the status quo, as even the Federal Circuit approves the large majority of invalidations by the Patent Trial and Appeal Board’s (PTAB) panels, initiated by inter partes reviews (IPRs)



  24. Florian Müller's Article About SEPs and the EPO

    Report from the court in Munich, where the EPO is based



  25. EPO Vice-President Željko Topić in New Article About Corruption in Croatia

    The Croatian newspaper 7Dnevno has an outline of what Željko Topić has done in Croatia and in the EPO in Munich; it argues that this seriously erodes Croatia's national brand/identity



  26. The Quality of European Patents Continues to Deteriorate Under António Campinos and Software Patents Are Advocated Every Day

    The EPC in the European Patent Office and 35 U.S.C. § 101 in the USPTO annul most if not all software patents; under António Campinos, however, software patents are being granted in Europe and the USPTO exploits similar tricks



  27. Team UPC is Still Spreading False Rumours in an Effort to Trick Politicians and Pressure Judges

    Abuses at the European Patent Office, political turmoil and an obvious legislative coup by a self-serving occupation that produces nothing have already doomed the Unitary Patent or Unified Patent Court (UPC); so now we deal with complete fabrications from Team UPC as they're struggling to make something out of nothing, anonymously smearing opposition to the UPC and anonymously making stuff up



  28. Patents on Life and Patents That Kill the Poor Would Only Delegitimise the European Patent Office

    After Mayo, Myriad and other SCOTUS cases (the basis of 35 U.S.C. § 101) the U.S. Patent and Trademark Office is reluctant to grant patents on life; the European Patent Office (EPO), however, goes in the opposite direction, even in defiance of the European Patent Convention



  29. EPO 'Untapped Potential'

    "Campinos is diligently looking for ways to further increase the Office’s output without increasing the number of examiners," says the EPO-FLIER team



  30. Links 9/12/2018: New Linux Stable Releases (Notably Linux 4.19.8), RC Coming, and Unifont 11.0.03

    Links for the day


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