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

09.30.18

Watching Judges Who Get Too Close to the Litigation ‘Industry’ That Promotes Propaganda Terms Like ‘Intellectual Property’, ‘FRAND’ or ‘Life Sciences’

Posted in Deception, Patents, RAND at 8:01 am by Dr. Roy Schestowitz

…As if ideas are “owned”, life and nature are “discoveries” and patent taxes are “fair”, “reasonable” and “nondiscriminatory”

Biscayne lighthouse

Summary: A look at potential ethical problems, based on the fact that Colin Birss attends and speaks at CIPA events; there are also similar issues in the United States

THE idea that life is a science and nature is an invention is a rather odd idea. We wrote about this many times over the past year. It’s the sort of delusion that EPO and USPTO officials get carried away by, forgetting that patents should exist for inventions, not mere explorations, explanations and interpretations. We recently wrote several articles bemoaning the term “life science/s” — a rather new concept if not buzzword [1, 2].

The Life Sciences Forum is an event of patent extremism, so things that harm patent quality are celebrated there, whereas much-needed fixes against patent trolling are condemned. As one patent maximalists’ site put it: “ANDA lawsuit filing spiked last year, TC Heartland is troublesome, and the USPTO’s Vanda memo is promising – these are some conclusions from a session at our Life Sciences Forum…”

How is TC Heartland “troublesome”? As we shall show in our next post, it has been troublesome mostly to patent trolls.

It has meanwhile turned out that, based on another article from these patent maximalists, Colin Birss is attending an event of patent maximalists. He’s a judge, so that doesn’t seem so appropriate. It’s just hard to see why a judge would wish to associate with CIPA Congress. CIPA is a bunch of lying bullies that send threats to people. It is also rather odd a thing to see him described by a patent troll (of Ericsson) that he happened to rule on. The patent maximalists refer to him in the headline not by his name but as “Unwired Planet judge” and then say this:

Speaking at this year’s CIPA Congress, Mr Justice Birss said that FRAND disputes will be fought in one place in the future and that the UK’s new doctrine of equivalence may not last in its current form

He probably oughtn’t hang out with these people, otherwise he may risk a Rader-type scandal. He is being emboldened by rather radical elements.

Colin Birss

Over at Patently-O, days ago a post by Dennis Crouch spoke of patent law firms breaking the rules, as law isn’t the goal but just getting richer and richer if the goal. Here are the details:

In a new order captioned In re Violation of Rule 50, Docket No. 2018-9001 (Fed. Cir. Sept 27, 2018), the Federal Circuit has rebuked an unnamed former law clerk and her law firm for violation of the rule.

The basic setup: When the clerk left the Federal Circuit, she handed over a list of no-no cases to her new law firm. (“No-no cases” are those that were pending during the clerk’s time at the Federal Circuit.) Several years later, the firm stepped-in as new counsel to one of the no-no cases and the former clerk appeared as a lawyer in the lawsuit (though not lead counsel). Some unidentified time later, the clerk realized the violation and immediately withdrew from the case. The clerk and firm then notified the Federal Circuit of the breach — noting that the clerk never saw any briefs, discussed the case, or heard any discussion of the case during her time at the Federal Circuit.

In its decision here, the court noted that R. 50 “must be strictly followed” and that the facts as explained are “proof of the firm’s negligence.” Still, the court decided not to impose discipline since this was a first offence for the clerk and firm and no harm was shown. I expect that it would be personally difficult for the court to actually impose discipline on its former clerks absent egregious factors.

David Hricik, who typically writes about ethics in Patently-O (he himself is a former worker at the court), writes about McKool Smith, which represents a lot of patent trolls. It’s not too shocking to see them violating laws etc. It is only to be expected. They’re thugs and bullies (even if they wear suits) and Hricik put it:

Almost exactly one year ago (here), I explained that McKool Smith had been accused of violating a prosecution bar based upon a disagreement, or misunderstanding, about when the bar-dated ended.

We have been writing about McKool Smith for many years and almost every time they’re mentioned it’s in relation to some sort of blackmail rather than patent justice. It would be nice and perhaps well overdue to see them disbarred.

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. Mansion of Pedophilia – Addendum: Accessing and Assessing Court Documents

    How anyone out there can do the job the media failed to do (after an apparently unprecedented arrest at the home of Bill Gates)



  2. Mansion of Pedophilia – Addendum: Progress on Police Request

    9 updates from the police department of Seattle but still nothing material/concrete, only promises and major delays



  3. IRC Proceedings: Sunday, January 19, 2020

    IRC logs for Sunday, January 19, 2020



  4. Mansion of Pedophilia – Part VIII: More Than 4 Months of Waiting for Police Department to Send Over the Files They Claim to Have an Issue Opening

    The police department (PD) of Seattle is unable to open its own files about arrest for pedophilia at Bill Gates' home; it has been unable to open these files for several months, it claims...



  5. Starting a GNU Replacement for GitHub, Possibly Based on GitLab

    "It might be easier if we start from the GitLab software," Stallman said



  6. European Commission Pushes for Even Greater Patent Maximalism Instead of Rationality, Patent Zealots' Site Cherry-Picks China as Whipping Boy

    Fear of China is being leveraged to promote an agenda of patent maximalists; the general idea they promote is that granting millions of low-quality patents is the only way to compete, even if in reality that merely handicaps the whole market



  7. CRISPR Patents Disallowed, But Where Are the Journalists?

    The narrative surrounding last week's decision against CRISPR patents may have been virtually monopolised by the litigation think tanks and law firms; it certainly feels like no journalism is left to rebut them, fact-check, and introspect



  8. Links 19/1/2020: Wine 5.0 RC6, Alpine 3.11.3

    Links for the day



  9. Judges Reject EPO Patents on Life as Constitutional Complaints Against the EPO Pile Up in Germany

    EPO judges throw out patents on life (CRISPR at least); there's now growing hope that they'll have the courage to do the same to patents on software



  10. IRC Proceedings: Saturday, January 18, 2020

    IRC logs for Saturday, January 18, 2020



  11. StartPage (System1) Found New Spin Allies. Some Have Been Offered StartPage Jobs. Some Might Already be Working for StartPage in Secret.

    Pro-StartPage voices appear to be paid (or have been promised pay) by StartPage; the key strategy of StartPage seems to be, attack and betray people's privacy while paying people in particular positions to pretend otherwise



  12. IRC Proceedings: Friday, January 17, 2020

    IRC logs for Friday, January 17, 2020



  13. Links 18/1/2020: Mir 1.7 and GNU Guile 3.0.0

    Links for the day



  14. IRC Proceedings: Thursday, January 16, 2020

    IRC logs for Thursday, January 16, 2020



  15. Links 16/1/2020: Mozilla Layoffs, PinePhone Braveheart Shipping, KDE Plasma 5.18 LTS Reaches Beta

    Links for the day



  16. Microsoft is a Market Leader in Lying and Corruption

    Microsoft is working hard to describe itself as the exact opposite of what it is and what it has been; ‘Internet rot’ helps a lot with this agenda, not to mention control of the media (the narrative)



  17. The European Patent Organisation Continues to 'Piss All Over' Separation of Powers

    The EPO continues to scatter invalid patents (IPs) that are European Patents (EPs) all over Europe and nobody can stop this, not even the judges of the EPO because they lack independence (by their very own admission)



  18. Zealots of Team UPC (Patent Litigation) Now Attacking the Courts and the Judges, Removing Their Mask on the Face of Things...

    The tactics of Team UPC aren't changing, only the shamelessness associated with these tactics is changing (because it looks like the end of days to them)



  19. Microsoft Now Uses or Leverages Software Freedom Against Free Software

    A reader's explanation of what Microsoft is trying to accomplish with its so-called 'embrace' and what steps will come next (how they manifest themselves)



  20. IRC Proceedings: Wednesday, January 15, 2020

    IRC logs for Wednesday, January 15, 2020



  21. Links 15/1/2020: CentOS Linux 8.1, Oracle VirtualBox 6.1.2 and GNU Sed 4.8

    Links for the day



  22. OSI Board at Microsoft: This is How Institutions Die or Completely Lose Their Purpose/Direction

    The photo (or meeting) may mark the turning point of the Openwashing as-a-Standard Initiative (OSI), which less than a year earlier took a bucket of money from Microsoft



  23. IRC Proceedings: Tuesday, January 14, 2020

    IRC logs for Tuesday, January 14, 2020



  24. When Microsoft's Actions Speak for Themselves (About Back Door Access)

    Unwittingly, people are being reminded of the 'special relationship' between Microsoft and the US Army (or government); The back doors or bug doors are still there, even 7 years after Edward Snowden's NSA leaks



  25. Why You -- Yes, You Too -- Should Consider Migrating to GNU/Linux

    The window is closing (and Windows/Vista 7 closing down); the chance to use machines that the users actually control is still there



  26. Can We Please Stop Lying for Microsoft in the Mainstream Media?

    Dishonesty for short-term financial gain (e.g. advertising money) will be a big loss in the long run. There’s a reason why so many news sites perish and Datamation (where I wrote more than a decade ago) now throws away remnants of reputation by spreading a big lie from Microsoft.



  27. It's Only Factual and Truthful to Point Out That About Half of the EPO's Management Committee Are From the President's Nation (and Many Are Underqualified Friends of His)

    The patent-granting extravaganza of what a reader and contributor of ours likes to call "Club Med" will result in great pain (not just for the Office but for Europe as a whole); pointing out who's to blame (the culprits) is an exercise in practicality



  28. Stranger Than Fiction: Team UPC's Mental Condition

    Team UPC's delusions continue to unmask UPC proponents (in 2020) as totally and entirely detached from reality



  29. Links 14/1/2020: IBM Joins LOT Network; X.Org Server 1.20.7, Tails 4.2.2 and Zanshin 0.5.71 Released

    Links for the day



  30. Vista 7 is Dead, Long Live GNU/Linux

    A reminder of Microsoft’s universal “PC tax” ambitions — evidence that the company was never interested in ‘playing nice’ with anybody


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