Bonum Certa Men Certa

Rich People's Media Fights ۤ 101 (Against Software Patents) and PTAB Inter Partes Reviews Using Ridiculous Distortions of Statistics and Insults

They want us to believe that 90% of patents will be eliminated unless SCOTUS is stopped

Forbes deception



Summary: The corporate media resorts to more personal attacks on SCOTUS Justices, unnecessary drama, and framing of PTAB as "death squad"

EVERY now and then we find some jaw-dropping nonsense about patents. It often comes not from misinformed tiny blogs but from large 'reputable' corporate media, where facts don't matter as much as agenda (and it's obvious whose).



The Cuozzo case, which we mentioned earlier this month and last month (beginning and end), got mentioned in "A World Without Patents" -- an article from a rich people's outlet (owned by the rich to promote their agenda) which said:

Late last month, the United States Supreme Court heard oral arguments in the most consequential case you never heard of. On the surface, Cuozzo Speed Technologies v. Lee is about whether the Patent Office (PTO) can use a different standard in hearing...


The author says "I write about how intellectual property" because in his view these can "enhance corporate success." Maybe he thinks of large corporations which use patents for protectionism. The purpose of the article is to bemoan bogus patents being invalidated. To quote:

But the larger issue in Cuozzo is this: Has the U.S. government made it too easy for companies to invalidate the patents of their competitors?

To judge from the evidence, the answer is yes. Of the 4,288 patent challenges brought to PTAB since the September, 2012 inception of these IPRs, nearly 90% have resulted in the cancellation of patent claims. Not surprisingly, 70% of those challenges have been brought by defendants facing patent infringement suits in U.S. district courts.


Now watch the author showing his laughable inability to comprehend mathematics (like software patents) and statistics:

In truth, the whole system defies logic. Even if you stipulate that there are bad patents that shouldn’t have been issued, is it really believable that 90% of all patents granted are invalid — despite being issued only after careful review by PTO examiners in a process that takes over two years and results in the rejection of half of all patent applications?

If we really believe that 90% of Patent Office output is garbage, then we should just shut the agency down and save everyone all the trouble.


90% of patents challenged is not the same as 90% of patents granted. Any high school student would easily manage to tell the difference, but not Forbes... because it has an obvious agenda that's hardly even cryptic.

"It is possible, for instance, that upon proper examination/scrutiny with €§ 101, 90% of all software patents would be deemed invalid and thrown in the ashtray of history."Speaking of agenda, watch what other rich people's (billionaires) media is doing. "In an effort to protect its innovation investments in highly competitive areas such as mobile and analytics," says Wall Street's mouthpiece (Rupert Murdoch's Wall Street Journal), "banking giant J.P. Morgan Chase & Co. filed at least 22 patent applications in 2015. And the number of patent filings so far this year is running 50% higher than last year, Daryl Wooldridge, head of intellectual property management at J.P. Morgan, tells CIO Journal’s Kim S. Nash."

The headline says "J.P. Morgan Intensifies Tech Patent Drive" and it tries to convince the reader that more patents are indicative of greater success. Nothing could be further from the truth. Patently-O, by contrast, a more scholarly site, takes design patents as an example and says: "Some commentators have suggested that design patents, being sought and accumulated differently from utility patents, are not likely to stimulate much PAE interest."

These so-called 'PAEs' are essentially patent trolls (they cannot be sued, that's why they sue as an intermediary, a loophole) and they typically use software patents. We generally need to eliminate software patents to eliminate patent trolling and therein lies the pool of patents that PTAB keeps invalidating at amazing rates (see above). It is possible, for instance, that upon proper examination/scrutiny with ۤ 101, 90% of all software patents would be deemed invalid and thrown in the ashtray of history.

"If programmers fail to get involved in this public debate, they may lose everything and be taxed by everyone."Meanwhile, FOSS-hostile software patent thickets are being promoted by a software patents advocacy site, which is also perpetuating the myth that startups need patents from the large corporations-led USPTO (it's a waste of time and money as they will likely get sued to trolls and intermediaries, not large corporations such as IBM).

We are sadly besieged by a media of patent lawyers, patent trolls, and large corporations like IBM (which use patents offensively to eliminate the competition). If programmers fail to get involved in this public debate, they may lose everything and be taxed by everyone.

Recent Techrights' Posts

The Ultimate and Inevitable Fall of OpenAI (Even Brave is 'Bigger' Now)
"When you advertise at the Super Bowl, you’ve reached just about every consumer in America. It’s the last stop. If you’re not profitable yet, you never will be."
GNU/Linux Rises to All-Time High in Chile
sharp rise for GNU/Linux in Chile
 
Links 10/02/2025: Facebook Mass Layoffs, "Meta" Did What Aaron Swartz Had Done But to the Tune of 81.7 Terabytes
Links for the day
Microsoft Tarnishing the Brand of Arch
Of course Arch can do whatever it wants, but being associated with Microsoft is a badge of shame
Adding Slop to Your Blog Only Makes One Assume All the Text is LLM Slop
Simon Coter from Oracle has turned to slop
Macao is Leaving Microsoft Behind
Windows is falling to new all-time lows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 09, 2025
IRC logs for Sunday, February 09, 2025
Microsoft's WSL (LSW) Shows That It Can Never Love Linux, Only Windows
that's just how Microsoft rolls
Activism in Times of War and a Coup
'Linux' Foundation works for fascism
What the Silencing of Neatnik Tells Us About Linus Torvalds Inside a Microsoft-Dominated 'Linux' Foundation
Is Linus Torvalds free to express his mind as he wishes about every topic, even just any technical topic?
Windows Down to 11.35% in Senegal, as Measured by statCounter
Another all-time low (Windows was at 99% in 2009)
"Latest Technology News" in BetaNews is LLM Slop Promoting OOXML and Proprietary Software at the Expense of LibreOffice and OpenDocument Format (ODF)
Remember that "open-source" and Open Source aren't the same; the former is fake
Links 09/02/2025: Coffee, Toxic Productivity, and Programming
Links for the day
Debian's Human Rights violations & Swiss women Nazi symbolism
Reprinted with permission from Daniel Pocock
Links 09/02/2025: Software Patents on MP3 and Another Scam Dressed Up as "Crypto"
Links for the day
Links 09/02/2025: Russian Energy Cut Off, LLM Pushers Show Signs of Desperation
Links for the day
Richard Stallman (RMS) Does Not Have Media Companies and Lobbyists on His Side, But His Message Spreads Regardless
The message of RMS is spreading in spite of all the smears
Links 09/02/2025: Hottest January on Record, Panama Blackmailed
Links for the day
Why We Still Love Gemini Protocol
Gemini Protocol may seem like something "old" (it's actually very new) and something "nobody would use", but many people use it
Gemini Links 09/02/2025: "Died as a Mineral" and Game Interface for a Non-Game
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 08, 2025
IRC logs for Saturday, February 08, 2025
Links 08/02/2025: UK Back Doors and Religious Fundamentalists in Positions of Higher Power
Links for the day
Today's IBM (Red Hat) Isn't the Company That Fought a Microsoft-Sponsored SCO in Court
IBM is nowadays in a state of rapid disintegration
When You Simply Rebrand Almost Everything as "Hey Hi" ("AI"), "Hey Hi Workloads", "Hey Hi Datacentres" and Whatnot
The "growth" has been a growing lie for years if not decades
Microsoft Windows Falls to 12% in Myanmar
Remember that Microsoft is virtually 0% in mobile
This is the Man Who's Attacking Linus Torvalds et al in "a Disease" (Social Control Media)
One thing that Richard M. Stallman and Torvalds can agree on is that Social Control Media should be avoided
Gemini Links 08/02/2025: "Thought Leaders" and Returns to Gemini Protocol
Links for the day
Links 08/02/2025: MElon Coup, Mass Layoffs at Facebook, and PlayStation Network Down
Links for the day
Unlike GAFAM, Free Software Serves You, It Does Not Serve Governments and MElons (Overlapping Forces)
Tired of oligarchy controlling your life through gadgets and "apps"?
On Wars Against Founders
We need to insist that founders remain
When It Comes to Social Control Media, Linus Torvalds is Channeling Techrights
GAFAM workers know exactly who to aim at
New EPO Paper: Promoting (Rewarding) People Who Grant Many Illegal European Patents to Make More Money (at Europeans' Expense) While Patent Courts in the EU Are Themselves Illegal
now the coup is sort of complete and even the "courts" are part of the corruption
Slopwatch: Carnival of LLM Slop and FUD Spewed by Bots, Pasted in by MaKenna Hensley and Day
Welcome to the Web in 2025. Articles about "Linux", "Security", and the Web (e.g. "Firefox") are fake.
Links 08/02/2025: News Corp Admits Traffic Declines, Wildlife Trafficking Tackled
Links for the day
Gemini Links 08/02/2025: Lamp and Notions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 07, 2025
IRC logs for Friday, February 07, 2025