11.12.18

Gemini version available ♊︎

The Federal Circuit Bar Association (FCBA) Will Spread the Berkheimer Lie While Legal Certainty Associated With Patents Remains Low and Few Lawsuits Filed

Posted in America, Deception, Patents at 6:47 pm by Dr. Roy Schestowitz

Recent: Number of US Patent Lawsuits Was More Than 50% Higher Half a Decade Ago

Summary: New figures regarding patent litigation in the United States (number of lawsuits) show a decrease by about a tenth in just one year; there’s still no sign of software patents making any kind of return/rebound in the United States, contrary to lies told by the litigation ‘industry’ (those who profit from frivolous lawsuits/threats)

THE U.S. Patent and Trademark Office (USPTO) can grant all the patents it wants; that still does not mean that such patents are necessarily enforceable.

Meanwhile, the European Patent Office (EPO) keeps promoting software patents in Europe — a matter that escalated under António Campinos and a subject we shall cover tomorrow.

“Things will only exacerbate if Iancu (of the litigation ‘industry’) further reduces the standards of examination and squashes Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) little by little.”The more these patent offices diverge/deviate from courts, the worse the presumption of validity will get. They voluntarily reduce the legal certainty associated with their patents (US patents and European Patents).

Earlier today Patent Docs published this ad for FCBA (intentionally misleading name), which is pushing the Berkheimer lie. This was then boosted by Janal Kalis and said:

The Federal Circuit Bar Association (FCBA) Patent Litigation Committee will be offering a webcast entitled “Litigating § 101 Issues After Berkheimer” on November 14, 2018 from 3:00 pm to 4:30 pm (EST). Irene Yang of Sidley Austin LLP will moderate a panel consisting of Peter Menell, Koret Professor of Law, The University of California, Berkeley School of Law; and Jared Bobrow of Herrington & Sutcliffe LLP. The panel will discuss the legal underpinnings of Berkheimer, the implications of Berkheimer for resolving § 101 issues before trial, and practices for litigating and trying § 101 issues in district court.

So a panel moderated by the litigation ‘industry’ will consist of a law professor and the litigation ‘industry’. Where are the people who actually deal with technology? Conveniently omitted/excluded as usual? Of course.

In talking about “§ 101 issues in district court[s]” they will just prop up the lie that Berkheimer was something revolutionary — a claim that we’ve debunked about half a dozen times before, citing relevant data.

Regardless of what they say about district courts or even the Federal Circuit (which they are not associated with, regardless of their dishonest name), the numbers continue to speak for themselves.

Sanjana Kapila, a Managing IP writer from London, is citing Docket Navigator (whose docket reports suddenly stopped at the end of summer). According to this, patent litigation data/figures in the US show a “8% decrease from the third quarter of 2017,” continuing a trend that has lasted about half a decade, not only because of 35 U.S.C. § 101 and Alice/SCOTUS (2014). To quote Kapila:

Data: US patent case filing in the third quarter continued the 2018 trend of lower levels of litigation. Managing IP reveals the rankings for the first nine months of 2018

Data pulled from Docket Navigator on November 7 shows that 1,035 district court patent litigation cases were filed in the third quarter of the year. This is an 8% decrease from the third quarter of 2017 when 1,123 cases were filed.

The certainty associated with bogus software patents is so low that few even bother filing lawsuits. Things will only exacerbate if Iancu (of the litigation ‘industry’) further reduces the standards of examination and squashes Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) little by little.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  2. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  3. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  4. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  5. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  6. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  7. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  8. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  9. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  10. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  11. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  12. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  13. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  14. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  15. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  16. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  17. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  18. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  19. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  20. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  21. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  22. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  23. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  24. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  25. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  26. Links 16/1/2022: Tsunami and Patents

    Links for the day



  27. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  28. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  29. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  30. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day


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