Bonum Certa Men Certa

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

...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.

Recent Techrights' Posts

The Aim is Not Fame
Reposted from schestowitz.com
SLAPP Censorship - Part 114 Out of 200: Thousands of Long Articles to Come, Properly Covering the SLAPP Industry in the UK and Its Modus Operandi
"Stowell described SLAPPs as ‘a stain on our legal system’."
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 22, 2026
IRC logs for Monday, June 22, 2026
Gemini Links 23/06/2026: Girlrotting, Homeworlds at BGA, Slop Ruins Sites
Links for the day
A Lifetime of Whistleblowing
Ellsberg did not have an easy life, but it was a rewarding life with a rich legacy focusing on justice
European Patent Office (EPO) Series: A Man With Many Missions...
Campinos – accompanied by Gilles Requena and Patrice Pellegrino
Links 22/06/2026: Ubisoft Co-founder Dies, Americans Have Turned Against Slop
Links for the day
Links 22/06/2026: "The Sycophancy Machine" and "Port 22 Open for 54 Days"
Links for the day
When People Who Make the Most Money Are the Best "Boot Lickers" (Sucking Up to Jeffrey Epstein's Circle and the Dictator)
Sucking up to rich people may pay off
"Internally Important, Externally Irrelevant": IBM in a Nutshell
Right now its debt spins out of control and its stock spirals down the drain
Finding a Way to Get Paid to Improve LibreJS
So now we have more people resurrecting LibreJS and improving it
Microsoft Can't Even Wait Until July, Shutdowns and Layoffs Already Happening
Mashable speak of "a grim picture for the state of Xbox."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 21, 2026
IRC logs for Sunday, June 21, 2026
Gemini Links 22/06/2026: Appreciating Simple Things, Perfect Summer Evening, IRIX, Vim and so
Links for the day
Chad's Move to GNU/Linux or the Point of Exceeding 5% "Market Share"
experienced centuries of being colonised
Gemini Links 21/06/2026: Dating Oaks, Paying With Cash, and "More on Withered Technology"
Links for the day
GAFAM is Drowning in Debt, GAFAM is Clearly Not Sustainable Anymore (It Runs on Borrowed Money and Bailouts)
The war and surrender in Iran will deepen the debt; we'll see the GAFAM reports in late July
GAFAM Was Never an Ally to Europe
Only 1 in 10 Europeans see US as an ally — study [...] military providers in "tech" clothing cannot be trusted
GitHub, LinkedIn, and XBox Will Finish Like Skype (Sustainability Crisis)
Skype should become a verb. When Microsoft 'Skypes' something it means it basically shuts it down with some temporal excuse/s.
Drowning in Garbage: AUR Shows That Too Much Low-Quality Software (Including Slop) is Bad for Everybody
What happened in AUR had happened elsewhere before and will happen again in the future
Links 21/06/2026: EU on Patented (Monopolised) Crops, Microsoft Software "Narcs on You to Your Boss"
Links for the day
Microsoft at 50 Follows the General Trajectory of Skype
How many years does Microsoft have left before payroll becomes impossible?
A Year After a Microsofter Took Over The Register MS It is Effectively a Content Farm With News as a 'Side Dish'
This is not journalism, this is spam
IBM Pays the Media and Cons Some 'Journalists' Into Participating in "Quantum" Spam
"The Boy Who Cried Wolf"
You Don't Need an 'App' for Your Birdhouse (Slopfondlers Come for Birds)
That they sell those things as "AI" really says a lot about how dishonest slopfondlers really are
SLAPP Censorship - Part 113 Out of 200: The United Kingdom is Not Turkey
Turkey is ranked almost worst in the Western World for press freedom
Cybersecurity Does Not Mean Asking Microsoft for Permission to Boot
There were very good and timely reasons to speak about the matter, including impending antitrust complaints against Microsoft
Links 21/06/2026: Bots from Alibaba Do Harm and Many Xbox Games Are Being Cancelled
Links for the day
5 Years After Release of Vista 11 Not Even One in 5 People Use It (in the US)
It doesn't look like Vista 11 will ever be adopted like prior versions and announcing a Vista 12 will mostly upset companies/organisations that only recently "upgraded" to 11
Gemini Links 21/06/2026: Boca Raton, Perfect Summer Day, and LLM Doing Things Poorly
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 20, 2026
IRC logs for Saturday, June 20, 2026