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News About Patents is Often Just Advertisements Composed Directly or Indirectly by Companies That Sell Patents and Patent Services

Posted in America, Deception, Patents at 12:36 am by Dr. Roy Schestowitz

Reference: Infomercial

Summary: Infomercials are still dominant among news about patents, in effect drowning out the signal (real journalism) and instead pushing agenda that is detached from reality, pertinent facts, objective assessment, public interest and so on

HAVING just complained about IAM, which is like a front group of patent trolls that lie as habitually as the EPO‘s management does (and gets syndicated as ‘news’, e.g. by Google News), we’d like to draw readers’ attention to this advertisement from Douglas Kim Law Firm LLC (masquerading as a news ‘article’). Like we said many times over the years, a lot of so-called ‘news’ about patents is composed directly or indirectly by firms trying to just sell something. It does, in our assessment, make sites like ours more essential. The title of this advertisement (published in the form of a report but actually an infomercial) is “South Carolina [USPTO] patent grants higher than the national trends” (this may simply mean that more large companies are based in SC compared to the national average, i.e. it’s meaningless).

“This is actually IAM’s business model. The infomercials there are often euphemised as “international reports” or “industry reports” and a lot of the rest is pure lobbying.”Notice the author’s final words: “Doug Kim is an intellectual property attorney with Douglas Kim Law Firm LLC. He develops IP strategies, manages IP portfolios, and creates IP protection plans to complement companies’ business goals and to build intellectual capital. He can be reached at 864-616-9095 or doug@dougkim.com.”

They even give a phone number and E-mail. In the ‘report’! How shallow is that?

It’s pretty sad that news sites are stooping so low; they actively publish commercials with misleading headlines as though these were works of journalism. This is actually IAM’s business model. The infomercials there are often euphemised as “international reports” or “industry reports” and a lot of the rest is pure lobbying. Battistelli gets his money's (actually EPO stakeholders' money) worth there.

Blocks and Paywalls Won’t Protect the Patent Trolls’ Lobby From Scrutiny/Fact-Checking

Posted in Deception, Patents at 12:01 am by Dr. Roy Schestowitz

IAM blocking

Summary: Joff Wild and Benoît Battistelli have much in common, including patent maximalism and chronic resistance to facts (or fact-checking)

THE EPO is well known for its censorship (of its union, of its staff representatives, of this site and many other things). They’re aggressive authoritarians (the management) and they lie routinely; they just don’t want to stand corrected.

“They’re aggressive authoritarians (the management) and they lie routinely; they just don’t want to stand corrected.”A few days ago we noticed that IAM had introduced a new kind of paywall, one which was ‘built’ around its blog, too (traditionally the paywall was reserved for other sections). This is new and I am guessing they don’t want critics to see what they are writing (mostly nonsense and patent propaganda). That says a lot about IAM, whose piece about the EPO (from half a day ago) we mentioned a couple of hours ago. They know they’re deflecting/lying, so they want not to be held accountable. IAM previously blocked me (before realising how futile a measure it was as it does not prevent me from seeing and rebutting their stuff). From now on it’s going to get a lot harder to know what they say to their subscribers (the patent microcosm, trolls etc.), but we’ll try our best. A few days ago they wrote about Microsoft's former General Manager of Outbound Licensing (patent extortion basically), who joined Sonos less than a year ago and is now leaving:

Senior licensing executive Tanya Moore is leaving Sonos after little over a year at the audio business. Her departure comes as something of a surprise given that the company has continued to enjoy considerable success in its litigation against rival speaker manufacturer Denon and looked set to capitalise on its strong IP position in the rapidly…

We rely on IAM to track some of these moves. These people whom they worship and whitewash are typically the worst patent bullies, so we try to keep abreast of such moves. Around the same time IAM also wrote a euphemisms-filled piece about patent shakedown in Southeast Asia, with sentences such as these:

There is a lot more IP creation going on in this region than patent filing and enforcement statistics might suggest. And that leaves plenty of scope for technology-based deals. As more patent-oriented companies like Japan’s IP Bridge continue to explore partnerships with local firms, creative and patient deal-making will be crucial.

Translated into crude English (bar the euphemisms:

There is a lot more patenting going on in this region than patent shakedowns and lawsuits might suggest. And that leaves plenty of scope for extortion and ‘protection’ money. As more patent trolls like Japan’s IP Bridge continue to explore patent settlements with local firms, aggressive and prolonged threat-making will be crucial.

IAM is quite a funny site in all sorts of ways. But we find it valuable for keeping track of trolls (which IAM obviously glorifies). We’ll try our best to get past the paywalls and still challenge the nonsense, such as their recent attacks on a study demonstrating insurgence of patent trolls in Europe.


China Has Become Very Aggressive With Patents

Posted in Antitrust, Asia, Patents, Samsung at 11:27 pm by Dr. Roy Schestowitz

The Communist Party of China (CPC) has a protectionist plan and a shared agenda (not just tactics) with Battistelli, who significantly lowered patent quality for the sake of raw quantity

Pooh the Bear and EPOSummary: China now targets other Asian countries/firms — more so than Western firms — with patent lawsuits; we expect this to get worse in years to come

KOREAN giant Samsung, which employs an extraordinary number of people, has traditionally been one of the top patenters (if not the top patenter, e.g. in 2012) at the EPO and USPTO, not just KIPO. Sure, it fell behind LG (the ‘other’ South Korean giant) this past year at the EPO, for whatever reason (we don’t want to speculate).

“China’s patent aggression is a growing problem and it’s like nothing we ever saw in Japan and Korea (traditionally of the patent ideology of live and let live).”Samsung, at least traditionally, is not patent-aggressive. In other words, it rarely sues anyone except if sued first. The same is said about Korean culture in general. Some time ago China began assaulting LG with patents — to the point where LG withdrew/pulled a lot of its business out of China. Samsung too came under many attacks in China and then it retaliated, even in the US. The latest in this retaliation? Florian Müller reports on the injunction against Huawei (highly CPC-connected firm):

A few days ago, Law360.com reported that United States District Judge William H. Orrick (Northern District of California) expressed an inclination at a Wednesday hearing to grant Samsung’s motion seeking to bar Huawei from enforcing a couple of Chinese patent injunctions before the U.S. court has determined whether it is, in light of its FRAND obligations, entitled to injunctive relief.

You won’t be surprised if you’ve been following the case here. Two weeks ago I published a post here with a headline that contained the following prognosis: “antisuit injunction looms large”

Even though I’m just a little blogger, it’s a bit daring to offer such a prediction based on the briefing record, especially since antisuit (here, actually just anti-enforcement) injunctions don’t come down every day. But for the reasons explained in my previous posts, above all Ninth Circuit case law, Huawei won’t be able to complain.

China’s patent aggression is a growing problem and it’s like nothing we ever saw in Japan and Korea (traditionally of the patent ideology of live and let live). A few days ago Managing IP wrote:

Big changes to the intellectual property office, including combining the enforcement functions of trade marks and patents, are expected to strengthen IP enforcement in China

Managing IP speaks of “administrative overlap” at SIPO. The main issue with SIPO, however, is not “administrative overlap” but really low patent quality which already causes patent trolls to soar there and few large Chinese firms (which can afford to fight trolls in court) to merely consolidate power.

“…expect Xi and CPC to try to leverage their ‘soft power’ abroad with patents.”China isn’t what patent maximalists claim it to be (we wrote many rebuttals to that effect recently) and the number of granted patents says little about innovation. Chinese patents at European and American patent offices are basically the ‘best of Mandarin’ (SIPO patents translated, sometimes with help from foreign workers). Those are the patents that are probably actually worth something.

Either way, expect Xi and CPC to try to leverage their ‘soft power’ abroad with patents. They know that trade sanctions are imminent (if not already in tact, e.g. tariffs), so it’s a form of deterrent or counterattack.

UPC/Battistelli Booster IAM Blames Brexit Rather Than EPO Abuses

Posted in Deception, Europe, Patents at 10:42 pm by Dr. Roy Schestowitz

IAM spoon-feeds Battistelli annually

Battistelli and IAM

Summary: While the EPO is collapsing due to mismanagement the boosters of Team Battistelli would rather deflect and speak about Brexit, which is itself partly motivated by such mismanagement

THE EPO is in trouble. Ignore the spin which is known as “Annual Report” and does not take into account depletion of work (layoffs will come soon, quite inevitably, for the first time ever). EPO recruitment of Brits had gone down by 80% and the UPC isn’t coming (for about half a dozen very important reasons, not just Brexit); the German press too now joins the British press (3 articles so far) in talking about the petition regarding patent quality (new article by Stefan Krempl, who is familiar with EPO affairs).

Thorsten Bausch has just published the last part of his series called “The EPO’s Vision,” in which he says: “…we need to talk about (a) the intended task or purpose and (b) the extent to which time or effort is well used, when a patent is searched and examined by the European Patent Office” (EPO).

“Amid all this, the patent trolls’ lobby (IAM) bemoans the UK’s lack of participation in the EPO, having been paid by the EPO’s PR agency to promote the UPC.”As we said over the weekend, the European Patent Office ceased being a patent office; it’s more like a patent-printing machine now, unregulated and reckless beyond belief. Staff is suffering while management (executives) floods its own bank accounts. It’s utterly despicable and it doesn't look like European authorities intend to do anything.

Amid all this, the patent trolls’ lobby (IAM) bemoans the UK’s lack of participation in the EPO, having been paid by the EPO’s PR agency to promote the UPC. The editor of IAM wrote yesterday: “If you do incline to this view, patent data backs you up. Take, for example, the European Patent Office’s recently released annual report for 2017. This showed that UK-based entities accounted for just 3% of applications the office received last year. That put the UK in seventeenth position in terms of patent applications per million of population.”

“…EPO scandals contribute to anti-EU sentiments — whether justifiably or not — and those who care about the Union should do a lot more to tackle EPO abuses.”Further down he says “we all know that patents do not equate to innovation.” (but IAM does often say so, equating patents to innovation)

Either way, the point of this IAM post was to express that same old dissatisfaction over Brexit (to be clear, I am strongly against Brexit too) and having watched this closely over the past couple of years, it seems clear that their motivations aren’t quite the same as everybody’s. In fact, the clear absence of coverage about EPO scandals says a lot. Had IAM been objective (which it clearly isn’t; check its lists of sponsors), it would realise that EPO scandals contribute to anti-EU sentiments — whether justifiably or not — and those who care about the Union should do a lot more to tackle EPO abuses.

European Commission Again Urged to Tackle Abuses at the European Patent Office (EPO)

Posted in Europe, Patents at 10:12 pm by Dr. Roy Schestowitz

Rina Ronja KariSummary: Rina Ronja Kari (left) is the latest MEP attempting to compel the Commission to actually do something about the EPO other than turning a blind eye

IT IS not often that European politicians decide to bring up EPO abuses. It happens only a few times a year. But a politician from Copenhagen (same as Kongstad), a young politician (since age 29) called Rina Ronja Kari (who is “a member of the People’s Movement against the EU,” according to Wikipedia) has brought up the latest USF letter in the following question:

Parliamentary questions
5 March 2018
Question for written answer
to the Commission
Rule 130
Rina Ronja Kari (GUE/NGL)

Subject: Working conditions at the European Patent Office

Working conditions at the European Patent Office (EPO) have been the subject of persistent criticism for years now. The trade union federation USF recently sent a letter to all 38 of the EPO’s delegations. In the letter, the USF’s chair, Dr Bernd Loescher, describes the situation at the EPO as ‘extreme’(1).

1. What are the Commission’s views on the criticism that has been raised about working conditions at the EPO?

2. How is the Commission planning to follow up on the criticism about working conditions at the EPO?
(1) http://www.unionsyndicale.eu/wp-content/uploads/2018/02/scan_loescbe_2018-02-28-16-33-21.pdf

SUEPO added: “Visit Mrs Rina Ronja Kari’s official website at the European Parliament here (to view the Q & A scroll down to Parliamentary Questions).”

The European Parliament and Commission have repeatedly failed to do anything substantial regarding the EPO. We thus expect this latest endeavour to fall on deaf ears, even amid imminent trouble.

TXED Courts Are Causing Businesses to Leave the District, Notably For Fear That Having Any Operations Based There is a Legal Liability

Posted in America, Apple, Patents at 1:21 am by Dr. Roy Schestowitz

Courts of Texas
Reference: Courts of Texas

Summary: A discussion about the infamous abundance of patent cases in the Eastern District of Texas (TXED/EDTX) and what this will mean for businesses that have branches or any form of operations there (making them subjected to lawsuits in that district even after TC Heartland)

THE Eastern District of Texas (TXED/EDTX) has been getting a bad name. It’s now nationally recognised (if not internationally renowned/notorious) for fostering patent trolls. They typically use software patents granted by the USPTO and they enjoy courts whose attitude is plaintiff-friendly and tolerant/accepting of software patents in spite of Alice. After TC Heartland, however, it became a lot harder to drag companies into these courts.

“Ironically, for Eastern Texas at least, this whole gamble on the ‘litigation’ industry may, from now on, actively discourage companies from coming and encourage those which have an office there to leave that district.”The other day Watchtroll recalled a “complaint filed by SimpleAir in the Eastern District of Texas. The Federal Circuit reversed and remanded the lower court’s decision” (as usual).

It also recalled Portal Communications [1, 2], an EDTX case in which Apple is accused of patent infringement by a de facto troll (someone’s ‘monetisation’ shell). There’s also this new update on the case of an old patent troll called VirnetX. In VirnetX Inc. et al v Apple Inc. (Eastern Texas again) there was an attempt to deny Apple a right to defense:

The court denied plaintiff’s motion for summary judgment that the redesigned version of defendant’s adjudicated product infringed its network security patents because there were genuine disputes of material fact which precluded a finding of collateral estoppel.

It’s pretty clear that in spite of TC Heartland, which caused new filings in EDTX to collapse, there is still an issue. Apart from ongoing cases, there’s still the prospect of filing new lawsuits there provided the accused party has some operations there. Ironically, for Eastern Texas at least, this whole gamble on the ‘litigation’ industry may, from now on, actively discourage companies from coming and encourage those which have an office there to leave that district. We gave one example of that a week ago. Karma in action? Unemployment crisis looming?

PTAB Hatred is So Intense Among the Patent ‘Industry’ That Even Scammers Are Hailed as Champions If They Target PTAB

Posted in America, Deception, Patents at 12:23 am by Dr. Roy Schestowitz

Michael Shore

Summary: The patent microcosm is so eager to stop the Patent Trial and Appeal Board (PTAB) that it’s supporting sham deals (or “scams”) and exploits/distorts the voice of the new USPTO Director to come up with PTAB-hostile catchphrases

THE patent reform in the United States is very real; it’s effective. The USPTO makes it a lot harder to pursue software patents (unless they’re disguised as something different — a subject we shall cover and tackle separately).

An anti-PTAB site of the patent microcosm currently tries to frame PTAB’s opposition as “[p]harmaceutical patent owners”, but in reality it’s just greedy law firms that oppose PTAB. It mentioned PTAB’s Chief Judge Ruschke the other day after he had once again responded to critics.

Likely in response to these concerns, Chief Judge Ruschke announced the results of an Orange Book-listed Patent Study during his “Chat with the Chief” on March 13, 2018. The meeting presentation slides can be found here. During the chat, the Chief Judge also revealed the results of an expanded panel study, which we will analyze in a future post. For the Orange Book study, the PTAB classified a petition as challenging an Orange Book-listed patent if, unsurprisingly, the patent was listed in the Orange Book when the petition was filed. The data provided was through the end of the fiscal year 2017, which ended on September 31, 2017. We will look at three of the questions asked by the Office in this study.

The author, Andrew Williams, concluded as follows: “In any event, this study by the Patent Office is certainly interesting. It does go a long way to allaying the fears of NDA holders. Nevertheless, considering that an IPR is a lose-or-draw proposition for any patent holder, and that Orange Book-listed patents are so valuable to NDA holders, this may come as little comfort to the community. Instead, anything that disrupts the balance struck by Hatch-Waxman is not going to be seen as favorable, no matter how the actual numbers have been borne out.”

The patent microcosm is attempting to guard an old (antiquated and collectively undesirable) status quo — one in which patent trolls thrived, software patents had legal ‘teeth’, and lawsuits were abundant. IAM, the patent trolls’ lobby, continues to amplify if not promote scammers and then appeals to SCOTUS for help. The author of this new piece is a patent extremist with a long history of promoting trolls and software patents.

“The USPTO is not a for-profit organisation. It exists to service those entitled to some protection in exchange for publication.”Unfortunately we have gotten used to it. All we have here is IAM, the patent trolls’ lobby, which attacks PTAB and attempts to influence/incite Justices against IPRs. IAM is toxic, but it enjoys free speech rights (even if that speech is funded by nefarious elements).

With the context being a recent IAM 'interview' (more like PTAB bashing, or an IAM piece using Andrei Iancu to smear PTAB), we at least know who orchestrates much of the propaganda. The CCIA responded the other day as follows:

Director Andrei Iancu has been making the rounds since his confirmation. In a recent interview, he suggested that “[t]here is, for sure, a perception problem in the IP community with the PTAB” and that “when you have a perception problem you have a real problem in the sense that if the IP community loses faith in what you do then it loses faith in the reliability of the system.”

Director Iancu is right. When you have a perception problem, that can create an actual problem. But instead of looking to the IP community, which has far more widely varying views than the interview gives credence to, I’d look at the Patent Office to see the real impacts.


The post-grant proceedings created by the AIA—post grant review, inter partes review, and covered business method—were designed to allow the Patent Office to correct its own errors when it issues a patent that never should have issued. Part of this process is allowing interested parties to locate prior art the examiner never located.

But part of the process is allowing parties to correct errors made by the examiner in the art they did find. Examiners miss things when they search, but they also miss things once they’ve found a reference. That’s exactly why 325(d) says that the PTAB “may take into account” if the prior art was previously at the office.

Not “must take into account” or “can’t institute”, but “may take into account.” The statute itself recognizes that sometimes examiners misunderstand or misapply art.

Well, the Patent Office (USPTO) would be wise to listen to actual companies rather than law firms. At the moment the impression we are getting is that the USPTO’s reputation is improving. If Iancu wants to be remembered positively, he’ll maintain the positive elements and reject those who pursue patents just for the sake of having more patents or making more money from the patent-granting process. The USPTO is not a for-profit organisation. It exists to service those entitled to some protection in exchange for publication.


The Patent ‘Industry’ is Increasingly Mocking CAFC and Its Judges Because It Doesn’t Like the Decisions

Posted in America, Courtroom, Patents at 11:44 pm by Dr. Roy Schestowitz

Latching onto cases like Berkheimer when it suits them, otherwise ridiculing judges and urging them to step down

Judge Mental
Reference: “Why court-bashing is out of control.”

Summary: Judgmental patent maximalists are still respecting high courts only when it suits them; whenever the outcome is not desirable they’re willing to attack the legitimacy of the courts and the competence of judges, even resorting to racist ad hominem attacks if necessary

LAST year the Court of Appeals for the Federal Circuit (CAFC) almost always rejected software patents that had been granted by the USPTO. Those granted patents were bogus. They should never have been granted in the first place.

“No matter the number of debunkings, they’ll continues to ‘namedrop’ these cases and attempt to give an impression that software patents are still worth pursuing. They’re not.”Earlier this year there were a few CAFC decisions (such as Berkheimer [1, 2] and others) that were intentionally warped and wrongly interpreted as resurgence of software patents. We already wrote more than a dozen rebuttals to these and would spare ourselves the need to do so again. Unfortunately, sites like Watchtroll continue to push these lies/misinterpretations; they also act like a ‘proper’ lobby group with headlines like “Law Professors Urge CAFC to Uphold Cleveland Clinic Diagnostic Method Patents”.

Knobbe Martens’ Jeremy Anapol also wrote about CAFC the other day, recalling these misinterpreted case:

The first case was Berkheimer v. HP Inc. and the second was Aatrix Software v. Green Shades Software.

No matter the number of debunkings, they’ll continues to ‘namedrop’ these cases and attempt to give an impression that software patents are still worth pursuing. They’re not. 35 U.S.C. § 101 is pretty clear about that.

“We have already seen judges from CAFC coming under attacks by the likes of Watchtroll and Crouch.”Regarding 35 U.S.C. § 112, this “Guest Post” by Gary M. Fox from the University of Michigan Law School deals with CAFC. It was hosted by Dennis Crouch, who himself also wrote about § 112 (a short time apart) in relation to Capital Security Systems, Inc. v NCR Corp.

We have already seen judges from CAFC coming under attacks by the likes of Watchtroll and Crouch. They’re not happy with the more restrictive approach towards patents. A few days ago Managing IP gave a platform to a patent maximalist who called it “CAFC’s evolving approach on patent eligibility,” saying that he “[d]escribes court’s approach now as a “touch and feel analysis”. Does something feel new?”

No, nothing new here. Patent zealots who make a living out of patents just carry on bashing not only PTAB but also ‘proper’ courts like CAFC, which support PTAB the vast majority of the time.

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