Bonum Certa Men Certa

The US Patent System Has Become a Dog-Wagging Tail That Serves Patent Law Firms and Parasites But Not Inventors

And this is where genuine inventors' money goes (using a recently-invalidated patent that Erich Spangenberg had exploited to collect almost $50,000,000 in 'protection' money)

Erich Spangenberg greed
Reference: Has Patent, Will Sue: An Alert to Corporate America



Summary: Lack of justice in the US patent system, which became a virtual cash cow of rogue actors that produce nothing and are taxing everything, as long as the system lets them get away with it

THE previous post may have seemed harsh on Patently-O, but having followed the site for many years, we did notice a somewhat notable bias (unlike before). Academia is supposed to view things from an independent and open-minded viewpoint, but sometimes it gets seduced into one side of the debate -- often the side that pays better. The other day Patently-O published a post for Tim Holbrook, Professor of Law at Emory University School of Law.



"In our view, Texas gets far too much of the 'action' when it comes to patents, partly by disregarding the rules, ignoring precedence, and inviting patent trolls to judges that are notorious for pro-plaintiffs (or anti-defendants) bias."The post speaks of Life Technologies Corp. v. Promega Corp. (covered here before) and says it "may reflect a shift away from the use of the presumption in interpreting particular provisions within a particular statute once the extraterritorial reach of that provision already has been confirmed."

As this case was covered here before, we don't wish to re-introduce it (look up Life Technologies Corp. as it's all over the Web, notably this patent case). Patently-O recently wrote about another case -- one in which Crouch intervenes. He wrote: "There’s a ton of briefing between the parties and other amicus on whether, or not, Texas state courts should recognize a patent agent-client privilege."

"The article at hand shows how the patent system has basically become the game of a bunch of law firms with proprietary software, not sole inventors like the mythology goes."In our view, Texas gets far too much of the 'action' when it comes to patents, partly by disregarding the rules, ignoring precedence, and inviting patent trolls to judges that are notorious for pro-plaintiffs (or anti-defendants) bias. SCOTUS urgently needs to put an end to it. The whole situation has damaged the perception of patent justice and generally discredited much of the system, demolishing public consent to it. How many people in the US still view patent law -- with all the patent trolls they keep reading about -- as desirable? If very few, then maybe policy is the problem, or the push towards patent maximalism where public interests are altogether disregarded. The EPO has recently accomplished the same thing -- to the point where 0% of EPO stakeholders support the EPO's management and an identical number (it doesn't get any lower than this) of well-paid EPO staff say they support their management.

Curiously enough, and for a change (this wasn't from Crouch), Patently-O wrote the other day about "ethics of docketing software," basically just citing another article and adding: "Although I understand why it is so, I often joke that patent prosecutors seem to miss only deadlines for the very valuable patents…."

"Huge corporations with tens of thousands of patents each and some outside law firm/s command the lion's share of patents."The article at hand shows how the patent system has basically become the game of a bunch of law firms with proprietary software, not sole inventors like the mythology goes. Huge corporations with tens of thousands of patents each and some outside law firm/s command the lion's share of patents. They do everything in bulk and can crush any small company that 'dares' sue, unless it's a troll (in which case there's nothing to sue it over). To quote a portion: "As an attorney, your primary goal should be to provide competent representation for your clients. Both the U.S. Patent and Trademark Office and state ethics rules mandate that lawyers commit themselves to competence. This means that attorneys must have the requisite “legal knowledge, skill, thoroughness and preparation” to handle each case, according to the American Bar Association’s Model Rules of Professional Conduct, Rule 1.1."

It also says: "Legal technology is here to stay. Don’t miss out on the game-changing benefits various softwares and platforms could have on your firm. Your clients -- and your colleagues -- will appreciate increases in efficiency, and customer acquisition will follow suit."

"We heard similar stories about the EPO; EPO stakeholders who chose not to waste money on law firms were urged to do so by the EPO and were repeatedly rebuffed by the EPO -- to the point where the whole process (for one single patent) cost as much as a whole house!"How many people other than law firms can afford such software? It seems like the whole system has become the den of few law firms rather than actual inventors who can follow instructions and get patents granted. This new book, "Patent Office Litigation," is in fact composed by a law firm, not actual inventors. It says a lot about what the patent system became in the US. We heard similar stories about the EPO; EPO stakeholders who chose not to waste money on law firms were urged to do so by the EPO and were repeatedly rebuffed by the EPO -- to the point where the whole process (for one single patent) cost as much as a whole house! It got so serious that one single case was eventually escalated to British and EU-level authorities, to no avail (because the EPO enjoys immunity).

Going back to Patently-O, it's made apparent that interacting with the patent system in the US is a hard job; "patent infringement complaints," it says, "like all others, must comply with Iqbal and Twombly, which require pleading factual material that, if taken as true, plausibly states a claim upon which relief can be granted."

Sounds like a time-consuming process. Here is the entire relevant part:

As you know, it used to be you could file a complaint for patent infringement using Form 18, which barely said anything beyond “Plaintiff owns a patent, and you infringe it.” Nowadays, patent infringement complaints, like all others, must comply with Iqbal and Twombly, which require pleading factual material that, if taken as true, plausibly states a claim upon which relief can be granted.

A while back, I wrote about how this is going to be difficult to do in some cases: how do you gather a Rule 11 basis to plead plausible facts when, for example, the claimed method is practiced by a corporation inside its well-guarded factory?

A recent decision, Harvard v. Micron (17-11249, D. Mass. Jan. 31, 2017) (available here), gives a real world example of this. The original complaint alleged that the patented method was commonly used to perform the accused process. The defendant moved to dismiss, asserting that this was not enough to make it “plausible” that, in fact, the defendant used the method.


The last part (above) sounds like a lawyers' trick to just buy more time and cost more money (to the plaintiff). And if the above wasn't compelling enough an example of systems where only lawyer win (more time means more money to them, at clients' expense), get this: the patents system now attracts not only patent trolls but also frauds and charlatans, such as in this example:

NOV initially refused to produce the ACA, instead producing only a “Assistant Secretary’s Certificate,” which assigned only “physical assets.” After being forced to produce the ACA, Omron renewed its motion to dismiss for lack of standing. The district court agreed that that NOV could not prove ownership of the ’142 Patent as of the filing date of this case, and dismissed the case, with prejudice, for lack of standing.


In other words, the plaintiff turns out to now even 'own' the patent (or not sure about it). How did they even get this far? And what if there was an out-of-court settlement, agreed upon patents that are basically vapour? We saw examples like these before and it should be regarded or treated as a criminal offense, akin to extortion rackets. ⬆

Recent Techrights' Posts

"My Hands Are Shaking While Writing" About IBM's Mass Layoffs at Red Hat (Bluewashing)
Shame, shame, shame on the corporate media for not covering Red Hat's layoffs this year
Taking a Look at the Last Articles of Bob Cringely at Forbes, They Were All About IBM and Its Collapse
It's all about IBM
What is "Computer Science"? It is What Broligarchs Reject.
Nowadays some people call themselves informal terms or made-up titles (with terms like "AI" or "big data" or "data" tossed into the mix)
Brigading Against Women - Part XXVII - Americans and Public Executions
"People who work for Facebook / Xitter / Bytedance's Tiktok / Microsoft / Oracle / IBM / Apple / Uber / Lyft / Wolt / DoorDash / AirBnB / Bolt / and so on are doing some world-class projection when they have the audacity to call others Bad People(tm)"
Gemini Links 12/10/2026: Westminster Quarters, Civilization, Luddites, and More
Links for the day
 
Links 12/10/2026: Shopify (Slop Booster) Has Security Issues, "Russia’s Yandex Says Data Center in Vladimir Shut Down After Drone Attack"
Links for the day
Microsoft Windows Causes Problems (and Delays) to LibreOffice and The Document Foundation
Nothing would please Microsoft more than Windows curtailing the development of LibreOffice and adoption of ODF
So Far This Year Microsoft Windows Lost a Lot of Ground in China, GNU/Linux Gaining at Its Expense
GNU/Linux will soon exceed 10%
Lessons of Margaret Hamilton (Software Engineer)
Stop abetting men who attack women in the sciences
RIP, Bob Cringely
He was too young to leave us, his articles were still brilliant and his mind as lucid as ever
Linus Torvalds Has a Conflict of Interest Regarding Slop
Linus Torvalds is paid by the slop pushers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 11, 2026
IRC logs for Sunday, October 11, 2026
Africa Sees GNU/Linux Exceeding 5% "Market Share"
It wasn't always like this. It used to be measured at 1 or 2 percent.
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
Voice for the Impoverished
the country's leaders attack the country's own press
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