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

09.12.18

The Belated Demise of Propaganda Sites of the Litigation ‘Industry’

Posted in Deception, Patents at 12:47 am by Dr. Roy Schestowitz

Lex Machina Q4 2017 End of the Year Litigation Update
Source: January’s report

Summary: Sites that promote the interests of Big Litigation (patent trolls, patent law firms etc.) are ebbing away; in the process they still mothball the facts and push propaganda instead

THE USPTO may be claiming all sorts of records, but US patent courts actually saw 50% more 'action' half a decade ago. The legal certainty associated with US patents has simply nosedived since, partly owing to SCOTUS, whose decisions were taken into account by the Federal Circuit. The Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) also invalidated many US patents outside the courts.

“The legal certainty associated with US patents has simply nosedived since, partly owing to SCOTUS, whose decisions were taken into account by the Federal Circuit.”Bizarre and outright stupid patent applications continue to be filed (example from yesterday), but that does not mean that these patents — if/once granted — have any real value except perceived value, especially when assessed in bulk (companies that just amass lots of crap patents which they assume never get reassessed at any point in the future).

The one encouraging aspect of the collapse of the patent litigation ‘industry’ (it’s not really an industry but a parasite) is that its think tanks and propaganda outlets are rotting away. Good riddance. One such propaganda outlet is trying to tell us that there’s a patent litigation resurgence, but it’s based on distortions. And “according to data pulled from Docket Navigator on September 7 2018,” Managing IP says that “US district court patent litigation rises 20% in August” (that’s the headline). Rises compared to what? August needs to be compared to August last year, not July. Surely Sanjana Kapila knows that? From what’s outside the paywall:

Data pulled from Docket Navigator reveals US district court patent case filing increased in August over July, with PersonalWeb extending its lead as the year’s top plaintiff

August and July are quiet months (people are on holiday) and for any meaningful comparison one must assess the same months (in different years). See the very clear fluctuations in the above graph (same source/data, previous years).

But such is the nature of propaganda being crafted and it’s obvious who pays for it. Just check the sponsors of the publication and its events, subscribers, etc. They call themselves “media”, but this so-called ‘media’ organised UPC propaganda events, sometimes with the EPO involved. They’re propagating lots of false predictions (basically just pure lobbying and lots of lies about desirability of UPC) and now we know that UPC is already dead. Team UPC, however, is fantasising about trying it all over again, this time differently. Guess who promotes these talking points

Managing IP writes: “If the UPC agreement is amended for Brexit, it could open up the system to non-EU member states. Olivier Corticchiato at Nestle in Switzerland says that is an important possibility for his company.”

It cannot just be “amended”. Ratification in pertinent states then needs to be redone. UPCA is a mess.

“As the patent litigation ‘industry’ collapses funding for its propaganda outlets will dry up, too.”We expect Managing IP to continue with this nonsense, so we’ll monitor it closely and correct it. IAM is now hiding behind paywalls (made a lot more aggressive a fortnight ago) in order to dodge scrutiny (i.e. pointing out the lies it keeps repeating). Watchtroll too seems to be rotting away. In January the number articles there was 106. Last month it already dwindled down to 72 (gradually over the months). And now they’re looking for a writer, perhaps realising that the site is losing steam and even moving away from the subject of patents (to totally unrelated things, sometimes not even copyrights and trademarks). We reckon they just don’t get much traffic anymore and at the current pace, there will be no more than 60 article by month’s end (for September).

It is all pretty much expected. As the patent litigation ‘industry’ collapses funding for its propaganda outlets will dry up, too. Watchtroll has been reduced to little more than attacks on judges, on courts, and on politicians who aren’t pro-litigation. The whole thing has become so farcical that only a Trump 'stooge' can actually appreciate it.

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. EPO Grants Fake European Patents -- Including Software Patents -- and European Courts Keep Rejecting These

    The demise of the legitimacy or perceived validity of European Patents is measurable and the system isn't the same anymore; the EPO makes no effort to change this for the better, either



  2. Nobody But Patent Trolls and Litigators Will Benefit From the Corruption of the European Patent Office

    IAM, EPO leadership, Iancu and the rest of these raiders are enabling corruption and facilitating or supporting a racket; that money they collect comes at the expense of future victims of their "clients" or "customers" (that's what they call applicants, to whom they grant dubious monopolies as a matter of urgency)



  3. WSL is a Misleading Acronym/Name Because There's No Linux in It, It's Just Windows

    When Microsoft says "Linux" (as in "Microsoft loves Linux") what it actually means is Windows and/or Azure



  4. Links 16/2/2019: Ubuntu 18.04.2 LTS, PyCharm 2019.1 EAP 4

    Links for the day



  5. Outline/Index of the Alexandre Benalla/Battistelli Scandal

    Our writings about the scandals implicating Benalla and the European Patent Office (EPO)



  6. Reading Techrights on a Mobile Device Running Android

    A new Android app for reading this site is being tested



  7. Links 14/2/2019: “I Love Free Software Day” and Mesa 19.0 RC4 Released

    Links for the day



  8. “EPO Lawlessness Again”

    Blackberry uses bogus European Patents (on software) for lawsuits; "all of them pure software patents. Patents on programs for computers as such," as Müller puts it



  9. Unitary Patent (UPC) is All About Imposing Patent Maximalists' Ideology of Greed and Self Interest on Courts in the Name of 'Unification' or 'Consistency' or 'Community'

    Pushers of the Unified Patent Court (UPC) are upset that they don’t always get their way when independent judges get to decide; as it turns out, many European Patents are just fake patents, more so under António Campinos



  10. Battistelli's Bodyguard, Part V: Mediapart Explains the 'Raid' Attempt, Reporters Without Borders Involved

    Mediapart, an investigative site that unearths a lot of incriminating things about Battistelli's former bodyguard Alexandre Benalla, was the target of a raid attempt some weeks ago



  11. Links 13/2/2019: Tails 3.12.1, MongoDB Being Dumped

    Links for the day



  12. Battistelli's Bodyguard, Part IV: Suspected Offenses of Forgery and Possible Falsification

    In a very underworld fashion, Benalla continues to break the law and create yet more scandals



  13. Battistelli's Bodyguard, Part III: Mars, France Close Protection (Benalla's Family), and Russian Oligarchy

    An article which examines the business background of Benalla, the outrageous salaries, the severance indemnity pay, and contract with a Russian oligarch close to Vladimir Putin



  14. Links 13/2/2019: Plasma 5.15.0 and a Look at Linux Mint Debian Edition Cindy

    Links for the day



  15. Battistelli's Bodyguard, Part II: Fishing Expedition for Sources in the Alexandre Benalla 'Underworld' Scandal

    An utter lack of respect for the privacy of the media and of its sources, in the name of protecting the privacy of those convicted of crimes, as seen in France just like the European Patent Office



  16. Innovating the Idea That Software Patents (Monopolies on Algorithms) Are Covering 'Artificial' 'Intelligence' (AI and ML as Loopholes)

    Patent law firms around the world love this new trick, which is framing software that makes decisions as "AI" (magically rendering it patent-eligible only in offices but not in courts, which the EPO hopes to replace/override anyway)



  17. Battistelli's Bodyguard, Part I: Destruction of Evidence by Alexandre Benalla

    The Alexandre Benalla scandal carries on, deepening even further than before and causing raids of the media; will the EPO be implicated and held accountable too?



  18. Links 12/2/2019: PyPy 7.0.0, HHVM 4.0.0 and CVE-2019-5736

    Links for the day



  19. USPTO Director Iancu Works for Anti-SCOTUS (Against Section 101) Lobbyists

    The United States Patent and Trademark Office Director Andrei Iancu is becoming to the patent system what Ajit Pai is to the FCC or to the broadband industry; there appears to be intentional vandalism and total disregard for the rule of law



  20. Gross Violations of the EPC at the European Patent Office as Principal Priority Turns Against Science and Technology

    What good is the law if violation of the European Patent Convention (EPC) is so routine at today’s European Patent Office (EPO), which exploits its immunity to operate outside the rule of law and pursue nothing but cash (selling patents/monopolies that are invalid in courts)?



  21. European Patent Office's Exploitation of the 'AI' Catchphrase/Buzzword to Grant Patents on Algorithms in Defiance of the Rules, the Law, and Common Sense

    In clear violation of the EPC (i.e. more of the same from the EPO) software patents are being actively promoted and law being bypassed or worked around



  22. Microsoft's Patent Trolls Are Still Suing Microsoft's Rivals to Help Sell Microsoft

    The ‘new’ Microsoft boils down to the patent equivalent of the copyright case of SCO (funded by Microsoft)



  23. The American Software Patents Lobby Has Died

    Voices of US law firms (i.e. patent maximalists) have become quieter and rarer; applications for US patents have decreased in number, patent litigation numbers have collapsed entirely, and patent maximalists have moved on



  24. Links 10/2/2019: Linux 5.0 RC6, Project Trident 18.12 Reviewed

    Links for the day



  25. Corrupt Battistelli Paid a Fortune (EPO Budget) for Outlaw/Rogue 'Bodyguards' From Firm Linked to Russian Oligarch Iskander Makhmudov

    Mediapart continues to shed more light on the shady firm behind Alexandre Benalla, whom Battistelli hired to break the law and secretly bring firearms to the EPO



  26. Which Microsoft?

    The inconsistencies between public statements of Microsoft and private discussions/actions



  27. António Campinos Will Never Hold Battistelli Accountable for His Crimes Because He Too Profits From These

    The EPO isn't just Europe's second-largest institution but also quite possibly Europe's largest criminal enterprise, whose ringleaders have enjoyed and exploited diplomatic immunity to escape prosecution



  28. 25,000 Blog Posts and Record Traffic

    At a pace of nearly 2,000 posts per year (since 2006) we continue to grow and can use readers' help



  29. Jim Zemlin's PAC Keeps Raising Money From Microsoft

    The Open Source Definition's author as well as various Free/Open Source software (FOSS) luminaries warn of an attack on FOSS ("efforts to undermine the integrity of open source”); it's not too hard to see who participates in it or enables such attacks



  30. Links 9/2/2019: Linux 4.4.174 and GTK+ No More (Now Just GTK)

    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