Bonum Certa Men Certa

US House Hearing on Patents a Sham, Stacked With Lawyers/Corporations

When corporations are allegedly people and corporate lawyers -- people whose professional agenda is to prop up 'IP' -- are writing the laws

Washington



Summary: No signs of real change because hearings involve lawyers of large corporations rather than representatives of public interests

The USPTO remains a farce of a system which strives to assimilate patent offices all around the world to itself. It needs to be stopped or else we will all face the consequences, be those consequences visible or not. A lot of what we buy costs little to manufacture, but since we pay patent tolls prices can be inflated considerably.



Groklaw writes about the House hearing we were referring to the other day. It is a debate for lawyers only, based on this summary which states:

Thursday was the hearing on abusive patent litigation by the House Judiciary Committee's Subcommittee on Courts, Intellectual Property and the Internet. By abusive patent litigation, they mean trolls -- or as one calls them when one holds one's pinky genteelly in the air, NPEs, nonpracticing entities. I put out a call for one of Groklaw's own to attend and let us know what happened. Webster was able to attend, and he has provided an eyewitness account for us in his own inimitable style.

The chairman of the hearing, US Representative Bob Goodlatte, opened with a statement, as did several members of the subcommittee with a little speechifying of their own, and then the invited witnesses of the day each told about their company's experiences with abusive litigation, except for one, a lawyer whose firm represents trolls and who opined that the patent system is working well overall. If you click each of the following names of the witnesses, you can download as a PDF the written testimony each provided in advance:

* Mr. Mark Chandler, Senior VP, General Counsel and Secretary, Cisco Systems, Inc. * Ms. Janet L. Dhillon, Exec. VP, General Counsel and Secretary, J.C. Penney Company, Inc. * Mr. John G. Boswell, Sr. VP, Chief Legal Officer and Corporate Secretary, SAS Institute, Inc. * Mr. C. Graham Gerst, Partner, Global IP Law Group, LLC * Mr. Philip S. Johnson, Sr. VP and Chief IP Counsel, Johnson & Johnson * Mr. Dana Rao, VP and Assoc. General Counsel for Intellectual Property Litigation, Adobe Systems, Inc.


Mark Bohannon, Red hat's Vice President of Corporate Affairs and Global Public Policy, wrote about this hearing as follows:

As President Obama pointed out in February, the patent reform legislation Congress passed several years ago hasn't "captured all the problems" and the bill "only went about halfway to where we need to go."

"[Patent trolls] are a classic example. They don't actually produce anything themselves," the President said. "They're just trying to essentially leverage and hijack somebody else's idea and see if they can extort some money out of them."

It is important to keep contacting policy makers on this important issue. If you haven’t done so, let the members of the Judiciary Committee in both the House and Senate hear from you. Your voice is important and can make a difference.


Your voice is important and but unfortunately you cannot make a difference. Why? Because unless you have the name of some giant corporation next to your name and you claim to have a degree in law, these people will treat you like dirt and will never give you a platform, let alone any influence.

The FSF is about to have a more suitable public event about patents -- one where actual scientists participate. Here are the details which the FSF published this week:

Chicago, IL - Room 1040, 10th floor, Power Rogers & Smith Ceremonial Courtroom, Philip H. Corboy Law Center, 25 E. Pearson St., Water Tower Campus, Loyola University Chicago


Going back to Groklaw, Posner, a critic of the patent system and of software patents in particular [1, 2, 3, 4, 5], is mentioned in this article which alludes to the patent fight against Android:



Motorola has now filed its response to Apple's appeal of Judge Richard Posner's decision to toss out Apple's claims against Motorola (and vice versa), and it adds its own cross appeal [PDF] on the vice versa part -- especially challenging the implication of Judge Posner's ruling that there can be no injunctive relief for FRAND patent owners ever, as a categorical rule.

A blanket denial of the right to seek injunctive relief, Motorola argues, violates patent law, contradicts eBay v. MercExchange [PDF], where the US Supreme Court held that it was error to come up with a categorical rule that “injunctive relief could not issue in a broad swath of cases”, and violates the original expectations of donors of technology to standards bodies. In fact, it says any such rule would violate the US Constitution, which provides that Congress shall have power to secure exclusive rights for inventors, and in the Patent Act Congress came up with, it says every grant to a patentee includes the right to exclude others. Motorola asserts that it has never waived its rights to injunctive relief and states that there is no language in its ETSI agreements requiring it to do so. Motorola argues that there should continue to be a case-by-case analysis under eBay, with judges having discretion to make such decisions based on the particular facts of each case.

Fair warning, though: the PDF is 737 pages. The actual brief is one-tenth that, 73 pages, so I've done that part of it for you as text. The rest is a collection of patents at issue, judge's orders in this case, and one from a related Apple v. Motorola litigation in Wisconsin, which is where this case began, before being transferred to Illinois and Judge Posner.


Posner, a US judge, has so far been the exception when it comes too his views on these patent battles and software patents, which he opposes. The house hearing had nobody like Posner in it; it was just a bunch of lawyers bickering and gloating over patents.

Here is LG using patent FUD against its biggest national rival. It's about software patents:

The Samsung Galaxy S4 possibly uses a new type of eye-tracking software that LG believes violates one of its own patents.

LG on Tuesday claimed that its South Korean competitor may have violated the company’s patent which pauses video clips when a user turns their head away from the video they are watching.

During the Samsung Galaxy S4 event last week the company announced the new feature as one of the smartphones best new options.

Samsung however was very clear in stating that it does not actually use eye-tracking technology but rather facial recognition software.


Apple too is reportedly being hit by patents relating to software:

The Wall Street Journal reports that patent holding company Intertrust Technologies Corp. has filed suit against Apple, accusing the Cupertino-based company of infringing on 15 of Intertrust's patents related to "security and distributed trusted computing."


Publications like the Wall Street Journal view the patent problem as trolls hurting large corporations such as Apple. But it's not the real issue. It's just a symptom of the real issue. The multinational corporations try to change the law to benefit corporations, not trolls and not anyone else. People should be outraged by this. ⬆

Comments

Recent Techrights' Posts

Voice for the Impoverished
the country's leaders attack the country's own press
 
Slop-ware Is Not Newsworthy
LLMs are exceptionally loquacious and create large code bases
Links 11/10/2026: US Sides With Vladimir Putin, Convicted Felon Dubbed "Agent of a Foreign Power"
Links for the day
IRC Tracker Back in Order, Number of Known IRC Networks Continues to Increase
We don't know if our article helped trigger a resolution
Links 11/10/2026: "Execution TV" (Iran Aped by US) and ‘Digital Oblivion’ Caused by Slop Frenzy Online
Links for the day
Gemini Links 11/10/2026: Adults Dressing Up as Animals, 44th Birthday, and More
Links for the day
Running a Country's Economy by Borrowing Over $400,000,000,000 Per Month
This is the hallmark of an economy in irreversible decline
Brigading Against Women - Part XXVI - Trying to Deplatform Critics of Microsoft's Restricted Boot
Like James Bottomley, Matthew Garrett served Microsoft's agenda while employed and salaried by other companies
Anderon Is Not a Real Company, It's an IBM Bailout Dressed Up or Wrapped Up In Buzzwords
It certainly does seem like they receive money from taxpayers for nothing, or for IBM to do mass layoffs/closure at Albany under the guise of "making a new spinoff"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 10, 2026
IRC logs for Saturday, October 10, 2026
Gemini Links 10/10/2026: Radio Romania International, Avoiding GAFAM, Open Camera, and Another Palm
Links for the day
The 2026 Slop Prediction (Slopfarms Perishing)
Morality in the "digital world" has deteriorated profoundly
netsplit.de (Survey of IRC Networks and History) Only Partly Functional This Month
Get well soon, netsplit.de
Microsoft Cuts
GAFAM enshittification
NVIDIA Acts Like It Cannot Pay Salaries (Too Many Obligations, Sales in Circular Financing, or Basically Accounting Fraud)
Masters of acting as clients of themselves
Paying for elections, Reform UK illegal confession in High Court
Reprinted with permission from Daniel Pocock
Contemptuous Law Firm Accusing Others of Contempt of Court
Keeping a running tally can help
Links 10/10/2026: Let's Encrypt Making Changes (Problem for Small Sites/Operations), Quartz is Officially a Slopfarm (Busted)
Links for the day
Microsoft Abuses PERM and Lays Off Workers in India
The US government has made it easier for Microsoft to hide the mass layoffs
The GAFAM Elections in the United States
If the election is run by platforms that have back doors "baked-in" and if the communications are overseen by GAFAM, you would not have to be a "nutty MAGAt" to dispute the outcome
More GAFAM Layoffs (Late on Friday Night)
They say they are worth trillions, but they don't even make money
Male-Dominated EPO Fails to Have "Concrete Measures to Support Female Staff"
Being a female at the EPO is exceptionally hard
Brigading Against Women - Part XXV - No Anonymity for People Who Did Illegal Things
"Empathy is the sunlight to the vampire of culture."
Production Freeze at the European Patent Office (Opposing Monarchy, Institutional Maladministration and Corruption)
Eight reasons to participate
Links 10/10/2026: Microsoft 'Open' 'AI' Silencing Critics, "Data Centres are the New Front Line in the Russia-Ukraine War"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 09, 2026
IRC logs for Friday, October 09, 2026
Gemini Links 10/10/2026: Optimism, Stargazing, "Life Without Smartphone", and Fairphone 4
Links for the day
Links 09/10/2026: Stranded Busan Shark Still a 'Circus', Endangered Monkey Rescued, BBC Shells Out Money
Links for the day
Gemini Links 09/10/2026: Manifesto, Slop, Geminispace, and "Cryptography of the Internet"
Links for the day
Betanews is Still a Slopfarm, Articles About "Linux" Are Fake and Plagiarism by LLMs
Cheaters and plagiarists aren't journalists; they're people who rip off and harm journalists
The Register MS Sponsored to Hype Up "Datacenters" and "AI" (Bubble, Pyramid Scheme)
"Sponsored by Cisco" with "AI" 26 times in this page
James Bottomley Has Promoted Microsoft-Controlled Restricted ('Secure') Boot, His Blog Has Just Been Cracked
Does this meet IBM's and Microsoft's standards for "distinguished" (in security)?
Links 09/10/2026: "Internet Archive to Demo Wayback Machine at Friday’s Uniqlo Street Festival", France Wages Censorship War via DNS
Links for the day
Controlled Opposition
The underlying concept is hardly new
More Stallmans
We need more Stallmans, we don't need to change Stallman
SUEPO Munich (EPO Staff Union in the Main Headquarters) Opposes Monarchy ('Cocaine King' Campinos), Plans Online Meeting Next Week
They may have about 1,000 workers joining in
World Mental Health Day is Tomorrow and EPO Staff Talks About What the Job Does to Workers
In recent years we've written a great deal about mental health consideration in relation to work, with a focus on "IT"
GNU/Linux Flirts With 20% "Market Share" in North America Overnight
Who should we trust on GNU/Linux? Microsofters on an armchair or Cloudflare Radar?
You Definitely Do NOT Wish to Live Close to a Datacentre
put aside for a moment the noise, the pollution...
New Site Makes the Case Against Adoption of Omarchy, But Focuses Almost Entirely on Politics
Let's examine what the page says and what points it focuses on
Brigading Against Women - Part XXIV - Nobody's Name is Unspeakable
Names are not sacred
Microsoft is in Trouble (With the Regime It Sponsored)
It seems like Microsoft paying the existing regime/dictatorship wasn't enough
GGG Pot Calls the Kettle Black
"It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the tu quoque logical fallacy."
In the United Kingdom, Rising Cost of Hardware Benefits GNU/Linux
GNU/Linux rose from about 4% to almost 6% in one year
Japanese Targets of Cyber Breaches or Insider Threats
Japanese government bureau and major firms experience data breaches
Gemini Links 09/10/2026: Optimism, Stargazing, and Solar MiniServer
Links for the day
The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
When Americans Export a 'Suicide Mission' to Other Continents
I worry that this culture of debt-taking and overconsumption is being spread from the US to Europe
The Register MS: "AI" Several Times in Same Headline, 31 Times in Page. The Register MS Was Paid to Do This.
The phenomenon is commercial (paid media), not scientific
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026