Bonum Certa Men Certa

Patent Lawyers Want to Further Expand the Scope of Patenting in the US, Use Trolls (Scale-based Criterion) to Distract From Scope-based Reform

Hijacking opposition and popular unrest, rewriting/overriding them as opposing small pools rather than a conspiracy of large companies operating large pools (or thickets) of software patents

Law and order



Summary: An analysis of patterns in covering the patent issue in the United States; a principal finding continues to be that lawyers don't want to strike at the root of this issue

TAKING into account the money motive, it has become very clear why patent lawyers lobby so hard to maintain the broken system and furthermore make it worse (for everyone but lawyers, to whom the societal cost of a broken system is relayed as revenue). The ACLU intervenes in the big case where a decision on "whether human genes can be patented" is at stake. Using the cult of celebrities in the LA Times Angelina Jolie too seems to be getting involved and "maybe she is trying to subtly influence the U.S. Supreme Court, which is expected to rule later this year on a case challenging a Utah company's patent of the BRCA1 and BRCA2 genes.



"The ACLU intervenes in the big case where “whether human genes can be patented” is at stake.""The company, Myriad Genetics, developed the "BRCAnalysis" test that determines whether women have the dangerous gene mutation. No other company may develop such a test as long as Myriad owns the patent on the genes."

The USPTO is a mess and it is not surprising. It's guarded by wolves. One lobby comes up with ridiculous claims like "US$300 billion worth of intellectual property is stolen from the US every year" (IP being a meaningless term).

"The USPTO is a mess and it is not surprising. It’s guarded by wolves."Well, putting aside the misuse of the term "steal", those behind those figures don't grok economics, but this is not supposed to be factual or evidence-based anyway. The USPTO memo to the examiners regarding CLS Bank helps show that the USPTO is just trying to guard its own existence and growth, it is not a public service. They should redirect from the .gov domain to a .com domain. Pamela Jones wrote: "The USPTO says it has no plans to alter their wicked ways. : D

"Not yet, anyway. It's not really surprising, given the unusual split and the CLS Bank decision regarding the particular patents before the court. Nobody knows now what is and isn't patentable, which is actually better than the situation before CLS Bank, in my view. They used to think they had it right. Not so much now. So stay tuned."

Lawyers capitalise on ambiguity and lack of clarify. They always try to write de facto law themselves,using the press or at least their own self-serving (promotional) Web sites. We should stop paying much attention to them regarding the CAFC decision, which they try to warp for their own agenda. We oughtn't be asking judges, i.e. glorified lawyers, either. They are part of the same system and in this recent discussion of federal judges Posner was the only judge who we know is against software patents [1, 2, 3, 4, 5].

"The USPTO memo to the examiners regarding CLS Bank helps show that the USPTO is just trying to guard its own existence and growth, it is not a public service."Over at NPR, it is estimated that software patents have become a very major component of all US patents. NPR says "[r]oughly 40,000 software patents are issued every year," which would make it infeasible for any developer or even large development company to survey code for patent infringement. It is clear that those patents have no room in society. Even the examiners fail to survey prior art, so what is the point of it all?

The New Legal Review is preaching to the converted (lawyers) when it calls for expansion of patent scope, not reduction. It starts by stating: "Questions of what subject matter should or should not be patentable have once again seized the agenda – and the much-litigated field of software has provided the springboard. In March, the District Court for the Eastern District of Texas, a venue that usually supports patent owners, struck down a software patent held by non-practising entity (NPE) Uniloc, following proceedings that Uniloc itself had brought in June 2012. In its complaint, Uniloc alleged that web-hosting company Rackspace had infringed its patent for a means of processing ‘floating point’ numbers in computer programs – that is, decimal numbers."

One lawyer, Julie Samuels [1, 2, 3, 4], is now writing for the EFF on the subject of parents. Just like another such EFF lawyer (Mr. Nazer [1, 2]), she targets players, not scope. She wrote: "Today, Sen. John Cornyn (R-Texas) introduced the Patent Abuse Reduction Act, a wide-ranging bill targeting abusive litigation tactics—a favorite tool of the patent troll."

"Even the examiners fail to survey prior art, so what is the point of it all?"She writes about patent trolls repeatedly but not about patent scope. What she is pursuing is not the solution really, but then again, she is a lawyer. Here is another lawyers' site speaking about the misdirected reform.

This problem of misdirection (from grassroots to corporate) is not entirely new. Several years ago a Cisco lawyer created an anonymous blog focusing just on patent trolls (not scope) and now we find this entertaining blog about patent trolls, with a unique style. It is called IP Troll Tracker and it too focused on players and not scope. The aforementioned patent lawyers' blog continues to hammer on trolls when it says: "As Congress considers the SHIELD Act, it is helpful to review some of the empirical evidence on the economics Patent Assertion Entities (PAEs). Following up on Colleen Chien's recent post (Patent Trolls by the Numbers), this post looks briefly at data on the 10 publicly listed firms that were predominantly in the patent assertion business during the period from 2005 to 2010 (Acacia, Asure, Interdigital, Mosaid, Network-1, OPTi, Rambus, Tessera, Virnetx, and Wi-Lan). These companies accounted for about one sixth of all PAE lawsuits filed during this period. Although these companies might not represent the entire universe of PAEs, the greater amount of available financial information helps paint a rich picture of their business."

"Lawyers-run sites don't want us to limit the scope of patenting (their bread and butter)."David Balto (another lawyer [PDF]), writing for Patent Progress, also focuses on trolls by saying: "Patent trolls have started to target end-users, especially small companies, because they typically lack the expertise, experience and ability to fight questionable claims. Litigation costs can quickly mount up to $250,000 to $500,000, and reach millions if the case goes all the way through trial (not to mention appeals). End-users also have to deal with disruptions to their business from discovery requests and managing the litigation. Often companies are forced to divulge secret financial and technical information as well as divert key personnel from their work to participate in depositions and give testimony. Patent trolls, on the other hand, have few costs in pursuing a suit because they do not operate in any market. The lawsuit has no disruptive effect on the patent troll’s business because it is the patent troll’s business."

The key problem is not the trolls but the patents themselves. Lawyers-run sites don't want us to limit the scope of patenting (their bread and butter). It has become rather evident and it is worth demonstrating in order to recover grassroots activism on patents; currently, all the efforts are being hijacked by businesses, mostly those of lawyers and their clients (large corporations with many patents).

Recent Techrights' Posts

The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
 
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026
Gemini Links 12/08/2026: Losing a Child, "The OpenWeb Needs Diversity", and Gmail Woes
Links for the day
Voluntary' Layoffs and 'Proper' Layoffs at IBM This Year
When will IBM management confess that 15% of staff is already marked for potential removal?
Links 12/08/2026: Trouble in Proprietary Chaffbot Company 'Open' 'AI' and Slop "Investors Are Suddenly Quaking in Their Boots"
Links for the day
Daniel Pocock in National News in Australia the Day of the Election
"Posted 20m ago" (Thursday in Australia), it's timed nicely to help illuminate Pocock and give him last-minute exposure
The Register MS Has Just Published Slop Spam for NVIDIA and HP, It Says "AI" 43 Times
As usual, The Register MS ought to be ashamed of itself for participating in it
The Slop Debt (Trillions of Dollars, Money That Does Not Exist) is Causing the Collapse of GAFAM et al
This slop hype will end up like "metaverse", except "metaverse" never ended up justifying trillions of dollars in "investment"
Simpler Means More Reliable
The simple old way of local storage and local backups is still the best
Clownflare and statCounter See GNU/Linux at ~8% in Norway
Norway has long championed GNU/Linux compared to the rest of Europe
Social Control Media is the Opposite of Information
That says a lot about social control media
Clacton manifesto: Reform UK hacking, leaks, raw sewage & 8GB Swiss Archive
Reprinted with permission from Daniel Pocock
statCounter Today: ChromeOS + GNU/Linux Measured at 10.98% Globally (Desktops and Laptops)
Clownflare does not quite refute this
The Register MS Has Just Published Fake Article About Replacing Linux With Proprietary Google System, "Sponsored by ASUS."
All of those things are proprietary GAFAMware
Links 12/08/2026: "X’s Advertising Business Continues to Tank", "Stop Feeding the Billionaires"
Links for the day
Lack of Empathy Rampant in the Sector
Sociopaths are sociopaths. They cannot help themselves
Before the "Big Tech" (That Almost Everybody is Forced to Use) Was Controlled by Men Who Hate Women
Such rejection and even hatred of women qualifies/enshrines oneself as an "incel"- a dangerous and violent online cult
In Defence of Hoarding CDs, More So When Digital Restrictions (DRM) Come to More 'Content' and Even Offline/Physical Media Won't Work When Some Remote Server Says "No" (or Goes Offline)
made to serve and entertain owners, not to allow companies like Sony and Microsoft subjugate owners
Clownflare: In Finland, Birthplace of Linux Kernel, GNU/Linux Now Bigger Than Apple's MacOS
It's not just in Finland where we see such trends
More Mass Layoffs Due to Monumental Debt Excused as "Investment" (in Slop)
They're maxing up the private debt and their country is already insolvent
METRO Interviews Daniel Pocock a Day Before Election
The article is behind a wall that blocks people who block ads
Enshittification More Than a Century Ago
Is enshittification more than a century old?
GNU in 1991 (35 Years Ago): Compiler and Lots More Ready, Linux Now Becoming 'Vibe Heap' (Slop Replaces Real Code)
Without curbs in place, many Linux developers will flee
Company-Wide 'Reorg' ('Redundancies') at IBM, Mark October 1st 2026 in the Calendar
Is Oct 1 the new Apr 1?
SLAPP Censorship - Part 147 Out of 200: The SLAPP Series is 'Slow' Because Timing Matters
It is important to stress that after this series is finished there will be many more series, with some of them showing raw evidence of what we've been illuminating and telling
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day