Bonum Certa Men Certa

"Patent Progress" Now Acting as a Front of Large Corporations (CCIA), Tells Michelle Lee (USPTO Deputy Director) About Trolls But Not About Software Patents

Framing it as a scale -- not as a scope -- issue

Ed Black Source: DECLAN MCCULLAGH PHOTOGRAPHY



Summary: The narrative put forth by CCIA, a Microsoft-funded front group, continues to present the patent debate as revolving around the size of extortionists rather than methods and the scope of patents

Trolls (small companies) are not the only patent issue. There are large companies like Microsoft, which still engage in strategic extortion using dubious software patents and NDAs. The goal is to drive companies away from Microsoft's competitors and/or tax these competitors.



The USPTO almost had a patent extremist appointed to lead the way, but this is no longer likely to happen. In fact, the USPTO is now backing away from some of its extremism, perhaps much to the chagrin of David Kappos, its former head.

Michelle Lee, in the mean time, is being approached regarding changes in the USPTO. The other day we noticed that CCIA, somewhat of a Brussels- and Washington DC-based lobby group that's open for corporations to join and does not reveal all of its corporate members and their relative contributions (Microsoft is among those who pay and its head, Ed Black, received millions of dollars from Microsoft), contacted Lee. Knowing that CCIA is clearly not a public interest group but a corporate front, representing the interests of very large corporations, we needed to check what was said to Lee. CCIA had received a lot of money from Microsoft and in recent years promoted Microsoft interests. In last week's article at The Hill we found that "The Supreme Court’s decision to toss out some software patents earlier this year led to a swift change of operations at the U.S. Patent and Trademark Office (PTO), the agency’s deputy director said on Wednesday.

"Michelle Lee told the House Judiciary subcommittee on Intellectual Property that the high court’s June decision caused an immediate flurry of activity.

“It does affect the examination of cases before us and as soon as the ruling came down we were in a position at the PTO where we had to offer guidance to our examiners,” she told lawmakers.'

The site called "Patent Progress", which is run by CCIA's Matt Levy, hardly told Lee about 'patent quality' and instead focused on patent trolls (not even referring to them as such, usually alluding to them as "PAEs"). Lee, the Deputy Director of the USPTO, received this text:

The patent system plays an important role in promoting innovation in the United States. Patents encourage investment in R&D and facilitate technology transfer. But when patent assertion entities (PAEs), commonly called patent trolls, exploit low-quality patents to extort payments from America’s most productive companies and job providers, they harm innovation and the very purpose of the patent system. The solution to this problem is two pronged: the Patent and Trademark Office (PTO) must improve the quality of the patents it issues, and Congress must pass patent reform legislation so that PAEs cannot leverage the high cost of litigation as a weapon against economic growth.


Ed Black signed this letter. Remember how much money he received from Microsoft. Not too shockingly, software patents are not even mentioned.

Ali Sternburg, writing in the same blog amid minor updates, said that "CCIA filed comments with the PTO on guidelines after Alice Corp. v. CLS Bank."

As the case was mostly about scope, why bother focusing on trolls at all?

On the brighter side of things, software patents did get mentioned as "computer-implemented inventions" (CII), which is a term some patent lawyers prefer to use (it's a loaded term). Here is the relevant part: "Unfortunately, patents claiming computer-implemented inventions frequently have unclear boundaries. This is largely because, to date, some patents have been allowed to issue without much more than a description and recitation in the claims of an abstract idea implemented on a conventional computer system. The Alice decision makes clear that this practice is not consistent with 35 U.S.C. €§ 101, because such patent claims preempt all practical implementations of the abstract idea and stifle innovation. Further, the public notice function is best served by clear claims and a thorough prosecution history explaining the examiner’s understanding of those claims, as well as express statements by the applicant regarding the meaning of the claims. Computer-implemented inventions are too often patented using ambiguous, vague, or overbroad language. When such poor quality patents issue, they can become weapons in the hands of patent assertion entities, which currently drain billions of dollars a year from U.S. businesses.

"Accordingly, CCIA believes that it is critical for both the examiner and the patent applicant to create a clear prosecution history. In the context of €§ 101 rejections, the examiner should provide more than a conclusory rejection. Rather, any rejection should identify the abstract idea to which the claim is directed. Further, such a rejection should explain the examiner’s understanding of the claim’s scope, including why the combination of claim elements do not add “significantly more” to the abstract idea, either expressly or through interpretation under 35 U.S.C. €§ 112(f). This analysis should include an explanation of whether a claim qualifies as a “means-plus-function” claim under section 112(f) and why or why not."

Well, "poor quality patents" not only "can become weapons in the hands of patent assertion entities" (to quote the above); it is often misused by large companies too, like the companies which are funding CCIA. Here is a new example of a small troll: "Personal Audio LLC is an East Texas shell company that gleaned national attention when it claimed it had the right to demand cash from every podcaster. The company was wielding a patent on "episodic content," which it said included anyone doing a podcast, as well as many types of online video."

Today in the news we have many articles about a much bigger troll: Microsoft. Here is an article which says: "Alleging that the company is being stiffed by Samsung, Microsoft turns to the courts."

Microsoft "stiffed" because Samsung is not engaging with a racketeer/troll? Really? Microsoft sued Samsung because Microsoft can hardly sell any real products, let alone force them on OEMs. It makes Microsoft very similar to trolls. It's a non-practicing strategy; it makes Microsoft and patent assertion firm. The BBC quotes Samsung as saying: "We will review the complaint in detail and determine appropriate measures in response."

The BBC rightly points out that "[t]he case marks the first time that Microsoft has launched legal action against Samsung.

"The two companies have a long-running partnership, due to the Asian manufacturer's sale of Windows PCs and Windows Phone handsets."

This is why it's a misguided move by Microsoft; it is likely to alienate Microsoft even further. Perhaps CCIA should stop promoting this narrative where only trolls are the problem and focus again on showing abuses by Microsoft, which is using software patents to abuse its competition or pressure companies to adopt Microsoft Windows rather than the competition (notably GNU/Linux, ChromeOS, Android, and so on).

Recent Techrights' Posts

Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October
Gemini Links 30/09/2025: Motorcycling in Central Oregon, Protocol Styles and the Flag of Sark
Links for the day
Links 30/09/2025: Death Sentences, Internet Censorship, and Internet Shutdowns
Links for the day
Gemini Links 30/09/2025: Social Control Media and ROOPHLOCH
Links for the day
Richard Stallman About to Give More Talks in Europe, Some Confirmed Already
In Göteborg
Links 30/09/2025: CERN in "Have I Been Pwned" and More Windows TCO Blunders
Links for the day
Microsoft Canonical is Selling Mass Surveillance and Back Doors as "Security for Ubuntu"
If you are looking for a GNU/Linux distro to use, just remember that Microsoft has Ubuntu in the bag
Justice for Wildlife
animals cannot speak to humans who hate animals
Cowboys Gonna Be Cowboys (on the Internet, They're Not a New Problem)
Boys will be boys
Cowboys of the "Left" and Cowboys of the "Right"
Don't believe the lie that this is some "leftist" thing
When Codes of Conduct Serve to Protect Criminals From Much-Deserved Scrutiny
CoCs are typically unfit for purpose because enforcement lacks context and suitable understanding of the full background (the "full story")
It Took the Open Source Initiative (OSI) 4+ Years to Address the 'Data Breach' or Data Protection Violation Reported to the California Privacy Protection Agency (CPPA) in March 2025
We may never know the dialogue or its nature
Even Microsoft's Biggest Boosters (and Media Operatives) Are Turning Against Microsoft
Expect many more layoffs before the fake "results" next month
GNU Was Right 42+ Years Ago
Since then the abusive, user-hostile technology has spread like mushrooms
Old Isn't Always Inadequate
How many gadgets manufactured today (in 2025) will still work in 2075?
The Monkey Business of Rust People
Compatibility won't matter
Almost Half of the FSFE's Money (the Fake 'FSF', Misusing the Brand) Comes From Vodafone
That money always comes with strings, even if they're invisible to most of us
Microsoft Lunduke Spreads Deliberate Lies to Incite Online Mobs
Has he lost his reading comprehension skills?
Our 19th Birthday (in Just Over 5 Weeks From Now)
We meanwhile have ongoing, solid plans to cover patent-related issues when the FSF turns 40
British GNU/Linux Distro FydeOS Tops DistroWatch
That seems like a decent site and decent effort to keep an eye on
We'll Soon Have 75,000 GemText Pages
avoid many perils of today's Web
Google Used Free Software to Build a Monopoly. Now Google Kicks Free Software to the Curb
The "G" in "Google" does not stand for GNU. It never did. It's just another greedy company.
Gemini Links 30/09/2025: Retro Hardware, Federated Fragmentation, and Nex Server Written in C
Links for the day
4 More Days Till "4 decades, 4 freedoms, 4 all users"
We are now just 4 days away from the rare anniversary
Two Months After Merging to Hide GitHub Losses Microsoft is Doing It Again (This Time Windows)
Merging those two together is not a sign of strength but a tightening of budget
Speculations About the Next Large Wave of IBM/Red Hat Layoffs
the mass layoffs are likely to happen on week 3 or 4 in October
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 29, 2025
IRC logs for Monday, September 29, 2025
Links 29/09/2025: Opposition to Surveillance Giant Google and Conflicts Worldwide (Moldova Sides With EU)
Links for the day
Why the EPO Never Managed to Silence Us (After Over a Decade of Trying)
Firms like Mishcon de Reya and Brett Wilson LLP contribute to a bad stigma, staining the entire occupation
Links 29/09/2025: Datacenter Fires and "Too Much Internet Use Is Changing Teenage Brains"
Links for the day
Almost a Couple of Years After Microsoft Hijacked the Name 'Sudo' (to Describe Unrelated Windows Stuff) Microsoft Canonical Breaks Sudo in Ubuntu
These are vandals in "goodwill" or "security" clothing
Does the Good Law Project (GLP) Know the Director of Brett Wilson LLP Deems It OK to Endorse Violent Actions Against Trans People?
We were miffed to see this morning's report
Names Are Not Unique IDs and the UK Government's "Digital ID System" Would be a Nightmare
Digital surveillance, "apps", and worse (all the time)
What is Roy and Rianne's Righteously Royalty-free RSS Reader?
A news reader that uses OPML files and parses RSS feeds
The Free Software Foundation (FSF) Turns 40 in 5 Days
We should be talking about software freedom, not "Open Source"
It Feels Like Brett Wilson LLP Has Just Tacitly Admitted That It Defamed Me
It arguably admitted many other things by refusing to deny or address them (altogether)
Stefano Maffulli's Front Page Mentions "AI" 11 Times
They're more focused on slop (plagiarism) than sharing or Software Freedom
CMS Rot
With "modern" (bloated) content management systems (CMSs) there is a long chain of dependencies
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 28, 2025
IRC logs for Sunday, September 28, 2025
Slopwatch: Fake Articles About Linux 6.17 and Microsoft Meddling in Linux Development
today's Slopwatch is short because the picks are from Sunday
Gemini Links 29/09/2025: The Labor Wars and Retro
Links for the day