Bonum Certa Men Certa

Watchtroll is Attacking the Federal Circuit for the 'Thoughtcrime' of Pursuing Patent Quality

Watchtroll's Gene Quinn



Summary: Watchtroll continues its court-bashing and judge-bashing tradition because it just cannot figure out any other way to stop the narrowing of US patent scope

Watchtroll is attacking the Federal Circuit (CAFC), i.e. judges, once again (it already attacked CAFC in the past, even quite recently, and it includes individual judges; it smears SCOTUS Justices and PTAB judges as well). Why? Simply because they're not patent maximalists like Iancu and Watchtroll, who are apparently meeting already. Burman York (Bud) Mathis III published this piece a couple of days ago in a site that's defending patent trolls, smearing politicians who care about technology, and habitually distorting the facts. As usual, we don't wish to entertain/air the underlying arguments but merely highlight the fact that this is happening. They want to pressure judges by questioning their motivations etc. (perhaps to make it look like a scandal, as they did with Michelle Lee). And yes, it's all about patent quality. To quote: "One might naturally expect that, if a rejection under ۤ 101 appealed from the PTAB failed to address all the claim limitations and had zero supporting evidence to determine whether something was abstract or well-understood, routine and conventional, the case would be a slam-dunk at the Federal Circuit."



"The USPTO isn't a court and in order to maintain perceived value of patents it will have to follow the law and set its guidelines based on caselaw, not Iancu's whims and ideology, which is like a religion attached to greed."That's a loaded statement and a rather gross distortion of what actually happens in appeals to CAFC (of which there are very many, resulting in affirmations almost all the time).

Some reasonable law firms realise that foul-mouthed patent lawyers who attack judges etc. spoil the reputation of the whole profession. They're a risk to the system because they even upset judges, who are in turn likely to just turn their backs on patents altogether. When it comes to 35 U.S.C. ۤ 101, the U.S. Patent and Trademark Office (USPTO) and SCOTUS must eventually converge, otherwise patents granted by the USPTO will lose their value (invalidated massively in courts below SCOTUS).

What also isn't helpful is Watchtroll's endless obsession with Google, which yesterday it attempted to frame as a hypocrite. Lawrence H. Frank (also in Watchtroll) is now advocating yet more patents on nature. In its latest attack on 35 U.S.C. ۤ 101 Watchtroll speaks of "[a] conflict [...] between the incentive to invent and the breadth of patent-eligible subject matter. It has become difficult to recognize the line between patentable subject matter and non-patentable products of nature. The Supreme Court [...] their rulings on 35 U.S.C. ۤ 101..."

Alice and Mayo are a thorn on the side of patent maximalists because they set pretty clear limits on the scope of patenting. The USPTO isn't a court and in order to maintain perceived value of patents it will have to follow the law and set its guidelines based on caselaw, not Iancu's whims and ideology, which is like a religion attached to greed.

Recent Techrights' Posts

The Word About the Upcoming Talk by Richard Stallman - Scheduled for Friday This Week - Has Spread ("The Cost of Freedom," Lausanne, Switzerland)
So the word is spreading
Microsoft Front Group Starts the Year by Championing Underage (or Child) Labour
the fake 'FSF'
 
"AI Music" is Not Music and It's Hardly "AI" Either
Synthetic garbage is a solution in search of a problem
Webspam in BetaNews
Not only is it marketing SPAM
[Meme] 13 Years a Slave of Microsoft
Might makes right?
Gemini Links 14/01/2025: The Gemtext Print Hurdle and New Game: Fill!
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 13, 2025
IRC logs for Monday, January 13, 2025
Links 13/01/2025: Conflicts, Prisoner Exchange, and Homes on Fire
Links for the day
Angola: Microsoft Windows Falls Below 10%
Microsoft has a really bad 2024 in Africa
[Meme] Twitter ("X") Has Been Grooming Radicals Since 2022
Musk's very own "grooming gang"
[Meme] What Free Speech Ought to Mean
It does not sound like RMS suggests anything other than quitting social control media
Gemini Links 13/01/2025: RestFest, Yule, and Deedum
Links for the day
Modern Web Browsers as Web Censorship Software
We continue to recommend Geminispace
Two Weeks From Now Dr. Richard Stallman Speaks at The Summit of Future 2025 (India)
he will be giving a "Keynote Address" in India
Microsoft is Tight With Money: It's About the Salaries ('Cost' of the Workers)
a question of cost, not skill
Google Got People Sort of Addicted to Android So It Can Cash in (Services, App Store, Advertising) Decades Later
This is not software freedom
The Free Software Foundation Reaches 370k Dollars in Funding, Due Date is January 17th When Richard Stallman is Guest of Honour in Lausanne (Switzerland)
Even fellow board members seem unaware of it
Record Lows for Windows (Microsoft) in Botswana
The market share of Vista 11 is seen as going down
Preserving Deleted Articles About Bill Gates Talking Like a Drug Dealer About Computer Users
Now it's 2025. Different challenge.
Links 13/01/2025: Disinformation, Social Control Media Actively Promoting Nazism, and Catchup With Ukraine
Links for the day
TPM Boosters Inside Debian (TPM Isn't About Security, It is About Control Over Users and Their Machines)
We're not rushing to any conclusions
Aaron Swartz Died 12 Years Ago After a Vicious Government Campaign to Stop Him
The Aaron Swartz story is a reminder of the importance of having verifiable/verified information out there for the general public to see
Links 13/01/2025: GitLab Enshittification and Minimalism and Efficiency with Gemini Protocol
Links for the day
Links 13/01/2025: Hardware, Health, and Conflicts
Links for the day
Chatbots Are Not Data-Driven, They're Human-Censored and Rely on Wage Slaves (and Sometimes Unpaid Volunteers)
This is the Microsoft wage slavery
Microsoft Appears to Have Fallen to Only 15% in Maldives
This is a problem for Microsoft
Rumours of IBM Canada Layoffs
We'll keep a vigilant eye on this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 12, 2025
IRC logs for Sunday, January 12, 2025
Bots Covering Debian Releases
It would be quite safe to guess that chatbots were at least partly leveraged for that text
Gemini Links 12/01/2025: No Country For Old Men, Burned Homes, and "Planet P is Clean"
Links for the day
Slopwatch: Brittany Day and Brian Fagioli Are Still at It, Googlebombing "Linux" With LLM Slop (Taking Away Traffic From the Articles They're Plagiarising)
Some more sites that used to cover GNU/Linux have turned into slopfarms
Links 12/01/2025: Microsoft Admits It's Laying Off Staff Only Where Staff is "Expensive" (Race to the Bottom)
Links for the day
[Meme] Being High on Drugs Isn't Happiness (Likewise, Being a "Star" in Social Control Media is Temporary)
Many entities - or people - will regret telling everybody "follow me on Twitter"
[Meme] They Say That RMS Says the "F" Word (Freedom) Too Much...
About 32.7k US dollars are now left for the FSF to raise (in 6 days)
Links 12/01/2025: More Sanctions Against Russia, SCOTUS Signals Fentanylware (TikTok) Ban Will Stay
Links for the day
[Meme] A Jihad Against Servers the User Controls
We need to strive for and work towards greater control by users over "their" servers
Microsoft Azure-Only Bugs in "Linux" Can "Compromise the System."
From ubuntu.com and linux.org a few days ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 11, 2025
IRC logs for Saturday, January 11, 2025
Gemini Links 12/01/2025: DHL Express Does Not Deliver, Oddmuse Update
Links for the day