Bonum Certa Men Certa

The Litigation 'Industry' Pays the Media for 'Sponsored' (Paid-for) Articles That Sway Public Opinion on Patent Policy

When these people's blogs aren't enough they literally pay lobbyists like Kappos (former USPTO Director) and the media to spread their lies and spin

Kappos in Center for American Progress
Photo credit: Center for American Progress



Summary: The latest twists and spin in media owned by the patent microcosm and media that is simply being 'bought' by the patent microcosm to discredit the courts and prop up litigious 'ideals'

THE USPTO's management seems intent and determined to bypass high courts such as the Federal Circuit and SCOTUS (or merely cherry-pick such courts' decisions). The ITC adopted a similar attitude, whereby it simply disregards decisions from the Patent Trial and Appeal Board (PTAB) after inter partes reviews (IPRs). This is highly problematic because if one branch disregards and disobeys another there's a state of lawlessness (e.g. granting a patent monopoly/injunction order in spite of it being invalid as per the law/courts).



Yesterday CCIA noted that the Founding Fathers of the United States "were themselves frequently quite skeptical of that patent system," alluding to a particular vision of it. To quote:

Two hundred and ten years later, in KSR v. Teleflex the Supreme Court reiterated this point, holding that there’s no patentable invention when two known things are combined in the normal way.

So when you hear someone talk about the patent system our Founders created, remember that the Founders were themselves frequently quite skeptical of that patent system. The patent system has the potential to incentivize invention—but when the PTO issues patents on old inventions or when patents are used to threaten ideas that aren’t actually covered by the patent, that potential is left untapped.


Michael Loney at a patent maximalists' publication meanwhile speaks to a software patents booster about KSR (the above case). He speaks to a patenting professional (for profit, he has a whole blog dedicated to teaching people how to overcome Section 101) Charles Bieneman as if that would shed light on what's really happening rather than offer illusionary spin. To quote the introduction:

Despite the landmark KSR ruling on obviousness a decade ago, it is still possible to argue inability to combine two references in patent prosecution

Charles Bieneman of Bejin Bieneman describes obviousness as "the oldest topic in patents, but also always the most current topic in patent law".


Most if not all software patents are pretty obvious if "obviousness" is defined in particular terms. There's a good reason why algorithms had long been excluded from patentability; that was until the Federal Circuit changed that. Nowadays the Federal Circuit, led by a relatively new chief judge, is undoing this mistake (made decades earlier) and Joseph Herndon has just taken note of another bogus patent biting the dust at PTAB and then at the Federal Circuit because of prior art (neither obviousness or scope). This means that American patent clerks/examiners must improve the examination process; they need more time to study prior art and avoid such mistakes (which can cost millions of dollars in legal bills to correct, with expenses rarely being remediable). In this particular case (Nobel Biocare Services AG v Instradent USA, Inc.) the defendant leveraged prior art/35 U.S.C. €§ 102(b) rather than 35 U.S.C. €§ 101 that's often used to throw away bogus software patents or applications in the US. It's all about prior art contrary to lies lawyers like to tell. To quote:

Nobel Biocare Services AG appealed from the decision of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board in an inter partes review (IPR) holding claims 1–5 and 19 of U.S. Patent No. 8,714,977 invalid based on an ABT Catalog. Many issues were presented, and here, we review the opinion with respect to whether the ABT Catalog qualifies as a prior art printed publication under pre-AIA 35 U.S.C. €§ 102(b).

[...]

The Federal Circuit addressed the sufficiency of the corroboration of the testimony and found the testimony of Messrs. Hantman and Chakir not only to be corroborated by each other, but also by a) the actual copy of the ABT Catalog, dated March 2003, submitted as evidence and b) Dr. Fromovich's testimony that ABT operated a booth at the March 2003 IDS conference.

The fact that Hantman had a copy of the ABT Catalog in his files further corroborates his testimony that he obtained a copy of the same document asserted to be prior art in the IPR.

Thus, although much of the evidence relied upon was based on testimony of biased witnesses regarding events that took place over 10-15 years ago, the Federal Circuit found no reason that the testimony was problematic. As a result, the ABT Catalog was found to be prior art.


The moral of the story is, had examiners done their work properly/better (or had been given more time to do the work thoroughly), years of legal disputes would be spared, leaving 'poor' lawyers jobless and actual inventors better off financially.

But of course those lawyers will just carry on whining and whining (we'll say more about it in the weekend) because no amount of patents and lawsuits is ever enough for them.

"But of course those lawyers will just carry on whining and whining (we'll say more about it in the weekend) because no amount of patents and lawsuits is ever enough for them.""The Alice 101 Test Has Turned Patent Claims Into the Legal Equivalent of Schrodinger’s Cat— Derivative Trading Is Both Patentable Subject Matter and Non-Patentable Subject Matter," Janal Kalis wrote. He's a patent maximalist. He's an anti Alice/Section 101 'activist'. It's all about money to these people.

Speaking of propaganda for money, days ago we saw Greater Wilmington Business Journal publishing an article titled "The Battle Over Biotech Inventions". It didn't take long to spot the text (in all caps) "SPONSORED CONTENT PROVIDED BY RUSSELL NUGENT - ATTORNEY, THE HUMPHRIES LAW FIRM" (so once again the news reports about patents are literally marketing from law firms that lobby for particular outcomes).

"It's all about money (legal bills), not about innovation or science or technology or whatever."Watch this rant about the Federal Circuit: "In essence, patent owners [sic] have been caught in ideological battle between the United States Patent and Trademark Office (USPTO) – the government body that issues patents – and the Federal Circuit Court of Appeals – the court that has jurisdiction over most patent appeals, on one side and the U.S. Supreme Court on the other."

It is not an "ideological battle" (as the "sponsored content" above puts it) but the rule of law versus dodgy (self-serving) officials like Iancu, who were elevated by Donald Trump after they had worked for him. The whole thing is quite sickening and seeing that the press is nowadays composed (for a fee) by patent law firms discredits the media in general. It's all about money (legal bills), not about innovation or science or technology or whatever.

Recent Techrights' Posts

IBM is "Making an Exit". Only the Executives Will Get Rich.
failure disguised as success
2026 is the Year of Blockchains, Says IBM's CEO a Decade Ago?
"falling upwards"
Most Coders Used to be Women, Not Men (and Men Who Dropped Out of College Now Plunder Everything They Can)
"Ethics For Hackers"
 
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026
Links 05/06/2026: Lawyers in Trouble for Citing Cases That Don't Exist (Slop Too Bad to Justify Costs; Even It It Did Work, It Would Still be Far Too Expensive)
Links for the day
Gemini Links 05/06/2026: Bears in the Streets, WWII Revisionism, and Westworld
Links for the day
Microsoft's LinkedIn Called "Dying Platform" by One Who Worked There
The co-founder of LinkedIn has just stepped down too
GAFAM (Google, Amazon, Facebook, Apple, Microsoft) Layoffs Are Due to Surging Debt, or About 120 Billion Dollars Borrowed in One Year Alone
It's well above 150 billion dollars if one adds Oracle
After One Jeffrey Epstein Associate 'Leaves' Microsoft's Board Another Jeffrey Epstein Associate Steps Down, Workers Concerned About the Mass Layoffs
How many more loans can Microsoft receive? Those loans are becoming increasingly risky.
IBM Exploits Overambitious, Hungry Young Men to Help the "Great Quantum Hype Campaign" (Pumping the Stock Based on Deliberate Misinformation or Outright Disinformation)
The boot-licking campaign is live...
What Will Likely Happen When the Slop Bubble Pops (and When It'll be Widely Accepted That It Popped)
all the "most successful" slop companies are so deep in debt
The Register MS is Part of the Problem, It's Publishing "AI" SPAM Because it's Paid by Chinese Military-Connected Firms
Given that The Register MS is run by a Microsofter (since last summer), destruction seems inevitable
IBM's CEO Does Not Use GNU/Linux, So Why Did He Suggest Buying Red Hat Only to Lay Off Its Workers, Market Slop Instead of Linux, and Sack UNIX Professionals?
Shortly after IBM had bought Red Hat and there were mass layoffs we pointed out that Red Hat's CEO was not using GNU/Linux
If You're Not Focusing on Software Freedom, All You'll Get is Slopware and Buzzwords
If you're not focusing on attaining Software Freedom (and remember "Linux" is just a brand), then you're losing sight of the goals that actually matter
Red Hat/IBM: Microsoft is Our Partner of the Year
Red Hat is a really bad gravy
Gemini Links 05/06/2026: Enshittification of Institutes for Project Management, Codebases Contaminated With Slop, Personal Stories
Links for the day
Communicating With Freedom - Part II - Quibble Breathing New Life Into LibreJS
Notice how work on one thing led to thousands of lines of code added to a mostly dormant (but nevertheless important) project
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
Links 05/06/2026: More GAFAM Layoffs, Google Faces Regulatory Crackdown in UK Over Plagiarism in "AI" Clothing
Links for the day
Rumour That Layoffs at Microsoft Will Kick Off on July 1st, 2026 (Impacting 10,000 or More Workers)
this is what the rumour mill or the word through the grapevine is
Mission:Libre, Which Teaches Young People Free Software Ideals, Needs Financial Backing
plea for assistance with Mission:Libre
The Slop Ponzi Scheme is a Problem and Threat to All of Us (Even Those Who Don't Invest in or Use Slop at All)
This problem is systemic, not contained
"Blind Justice" Examines the Solicitors Regulation Authority (SRA) Turning a Blind Eye to Abuse by British Solicitors
We have some jaw-dropping examples of how the SRA does not do actual regulation - to the point where its staff does not actual work and does not look into any evidence at all!
7 Days From Now the FSF's Founder Gives a Talk in Bern, the FSF Has Just Advertised This
Meanwhile the FSF (or GNU) processes and uploads many recent talks by RMS
European Patent Office (EPO) Series: Down But Not Out – Costa's Comeback
he managed to secure a top-level EU position in June 2024
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 04, 2026
IRC logs for Thursday, June 04, 2026
Links 04/06/2026: Self-hosting Remotely and GemText Emphasis
Links for the day
Links 04/06/2026: Ukraine’s Daily Moment of Silence and Uber Lays off 23% of HR
Links for the day
SLAPP Censorship - Part 98 Out of 200: Microsoft Threatening Real Security Researcher With Criminal Investigation for Talking About Microsoft's Bug Doors/Back Doors
The crime should be the back doors (deliberate attack on every user's data protection), not talking about those back doors
Microsoft Would Get Away Even With Pedophilia
"Microsoft should never be above the law"
Journalists Should be Ashamed for Parroting False Claims From IBM Management About "Quantum Computing", Say IBM Insiders Who Work on "Quantum Computing"
IBM is a buzzwords vendor. International Buzzwords Machines.
Free Software is Nourishment to Software Users, Unlike Proprietary Software
Quit treating "mere users" of software "like animals"
The "Peanut Gallery" of GAFAM Has Infiltrated Free Software Projects or Disrupts Free Software Communities
They contribute nearly nothing and do substantial damage; they're freeloaders who attack the most productive members of projects
Coding is Not a Quantity Game (It Never Was!)
"less is more"
Exposing Corruption Using a Highly Resilient Platform
Growing levels of trust, based on our track record, help us attract whistleblowers
Mass Layoffs Expected at Microsoft in July 2026
They're preparing more "lists" of people
Reflection on EPO Leadership That Harbours Cocaine, IBM Leadership That Pumps-and-Dumps the Shares, and More
ManCity replaced Manuel Pellegrini with a more famous manager it didn't envision winning 20 titles in 10 years (it could only hope) [...] Team-building is something that "Pep" seemed to be good at, as was Jürgen Klopp
Pump and Dump by IBM Insider Traders: Nickle LaMoreaux, Gary Cohn, James Kavanaugh, Arvind Krishna, Robert Thomas, and Others
the shares are already collapsing
FOMO (Fear Of Missing Out) Has Weakened If Not Ruined What's Left of Big Media
Many things that have existed for decades are now being rebranded as "AI"
SLAPP Censorship - Part 97 Out of 200: Garrett in Hiding (From the Simple Observable Fact He's Closely Connected to the Microsofter Who Strangles Women, Tells Women to Kill Themselves, and Worse)
They use one another; they are coordinating this via the SLAPP industry in another continent
Links 04/06/2026: Microsoft Threatening Security Researcher for Naming Back Doors in BitLocker, "Demand is Booming for" Old Tech
Links for the day
Gemini Links 04/06/2026: "Word Vomit", Slop", and Moving to Gopher/Gemini
Links for the day
Rust Outsources its Financing (or Financial Control) to Microsoft
How long before the third "E"?
"Format Sovereignty" Can Only be Accomplished With LaTeX or OpenDocument Format (ODF) or Vendor-Neutral Standards for Editable Documents
Microsoft is, in effect, above the law
IBM's Shares Fell Nearly 13% in One Day (Including After Hours)
its main product is false promises
The Cyber Show on the Importance of Software Freedom and Why GNU/Linux Could Not be Stopped
an excellent article
Drew DeVault Can Still Redeem His Reputation. Revisiting His Attacks (and Attack Site) on Richard Stallman Might be a Good Start.
DeVault has openly apologised (this past spring)
The Register MS is Publishing Paid SPAM; Some of It is Designed to Prop Up the "AI" Pyramid Scheme
The Register MS participates in scams
European Patent Office (EPO) Series: "Operation Influencer"
Costa's political career was far from finished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 03, 2026
IRC logs for Wednesday, June 03, 2026