Bonum Certa Men Certa

Andrei Iancu's Firm Has a History Working With Trump, But Senate Says OK to Him Becoming USPTO Director

US Senate is still in rubber-stamping mode (even Sen. Claire McCaskill, who should certainly know better)

18 Senate Dems Who Should Turn in Their '#Resistance' Membership Cards
Reference: 18 Senate Dems Who Should Turn in Their '#Resistance' Membership Cards



Summary: Having lost its ability to actually assess and scrutinise Trump's picks (Neil Gorsuch for instance), US Senate just lets Iancu become the Director of the USPTO, without any scrutiny whatsoever

THE risk of conflicts and nepotism are high when working for a large firm/employer. Yesterday, for example, when Saurabh Vishnubhakat wrote this article about ۤ 143 at the USPTO he was careful to disclose that he had been "advisor at the USPTO until June, 2015" (he emphasised upfront that his words should not be mistaken for the Office's).



The upcoming Director of the USPTO also has some questions regarding his appointment. As The Hill put it late last night:

Iancu is an intellectual property lawyer at the firm Irell & Manella, which once defended Trump, Mark Burnett Productions and NBC Universal in a case involving copyright claims over the reality TV show "The Apprentice."


We watched the process closely, only to realise that Iancu's potential issues weren't even raised in the meeting. What is even the point of an appointment process if nothing whatsoever is being scrutinised? It's like watching Senate reauthorising (and even broadening) mass surveillance for another 6 years. As one watcher put it: "49, 50, 51! Andrei Iancu just got Senate majority vote to become next @USPTO director. Zero no votes so far."

Trump nominated a person, then Senate voted 94-0. So much for "The Resistance". There's no opposition at all. Nothing substantial was even being asked. The first article about it seems to have come from Jan Wolfe, who recently gave a platform to patent extremists. The original and licensed copies thereof said absolutely nothing about the issues. To quote:

The U.S. Senate on Monday confirmed lawyer Andrei Iancu as the next head of the U.S. Patent and Trademark Office, clearing the way for him to lead an agency tasked with deciding who owns the rights to inventions in areas like software, pharmaceuticals, and medical devices.

The Senate voted 94-0 to confirm Iancu, 49, who was nominated by President Donald Trump in August.

[...]

Iancu is regarded as a “consensus pick” who will balance the rights of patent owners with the concerns of large technology companies often accused of infringement, said Robert Stoll, a lawyer at Drinker Biddle & Reath and former patent office official.

[...]

Iancu will succeed interim director Joseph Matal, who took over from Michelle Lee, a former patent lawyer at Google nominated by President Barack Obama to the position in 2014. Lee resigned in June 2017 following months of uncertainty about whether Trump would keep her in the position.


Did they even check and scrutinise the choice, or did they just take the word of Watchtroll-connected loudmouths like Robert Stoll? They're all patent maximalists. That's like asking oil companies for their opinion while passing a bill to un-tighten drilling regulations.

This patent microcosm 'mole' "has been welcomed by associations" of the patent microcosm, wrote Managing IP, quoting a bunch of them. Patent maximalist Dennis Crouch posted a fairly neutral comment, noting that "Iancu takes over from Joseph Matal who was instrumental in development and passage of the America Invents Act in his role as General Counsel of the Judiciary Committee under Republican Jeff Sessions."

Watchtroll said that "Joe Matal, who has been in charge at the USPTO in a quasi-Acting capacity is expected to ultimately become the next Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office."

Matal only became the leader after Watchtroll et al had bullied Michelle Lee (a scientist) out of her job.

So where are the actual voices of opposition? Any balancing act?

The CCIA wrote about Iancu early yesterday, in a post titled "Dear Director Iancu" before he was even confirmed! The CCIA is trying to pressure him on PTAB instead of attempting to antagonise the appointment (while still possible). To quote:

So, you’re Andrei Iancu, about to be the newly confirmed Director of the United States Patent and Trademark Office. What are the first things you put on your agenda?

I have some suggestions.

Eliminate Contingent Amendments



As an initial matter, the PTAB’s practice of allowing contingent amendments needs to end. Essentially, this allows patent owners multiple bites at the apple; if their first version of a claim isn’t patentable, well, they can try again with their contingent amendment.

It’s also contrary to the statutory language. The statute says that a patent owner can propose a “reasonable number of substitute claims.” Let’s engage in a little bit of statutory construction here. Substitute means, per Merriam-Webster, a “thing that takes the place or function of another.” What it doesn’t mean is an alternative possibility, or a backup that takes the place only when the first one fails. The statute says a claim that takes the place of another claim, and that’s exactly what should be allowed.

If a patentee would prefer an amended claim, let them make their substitution and show why that substituted claim is patentable. But they need to decide whether they want to stand on their claims or ask for different ones—allowing them to do both is contrary to the statute’s expressed intent and imposes unnecessary additional burdens on parties and the Board.


We certainly hope that things won't turn out as badly as we expect, but Iancu -- being loyal to the patent microcosm he came from -- is not likely to change things for the better. Already, under Matal, the costs of PTAB were raised (that was effective less than a month ago), thereby reducing access to a pretty essential procedure (IPR) that startups threatened by patent trolls must rely on.

Recent Techrights' Posts

In Malawi, Windows Down to 10%, GNU/Linux Growing
it's not a small country
[Meme] Featuritis
Newer is not always better
Ireland Last to Report Election Results
Daniel Pocock's involvement in Australian politics goes back to his university days
Never Sleeps, Never Slumbers
We're going to try to improve not just in quantity but also in quality
EPO Has Gotten So Bad That Workers Need to Ask to be Allocated a Desk (at Work)
Wow!!!! An “allocated workplace”!!
 
Nationwide Eventually Did Listen
Miles better than their original nonresponse
The Corruption of Open Source Initiative (OSI), a Front Group of Microsoft and GAFAM, Openwashing Proprietary Things and Even Plagiarism, GPL Violations
Stefano Maffulli (and Microsoft's staff that works with him) basically profits from anti-FOSS
"AI" Tech Bubble
How much "hype quotient" does this whole "hey hi" (AI) thing have left in it?
Links 13/06/2024: Science, Politics, and Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 12, 2024
IRC logs for Wednesday, June 12, 2024
Gemini Links 12/06/2024: The Rodent Revolution and Adding Twisty Puzzles
Links for the day
Links 12/06/2024: Ukraine War Updates and Many Patents Being Subjected to Squashing Bounties
Links for the day
[Meme] The Purpose of Life is to Find a Desk
dogs have desks
Tux Machines Parties Going Well Do Far
Cross-posted from Tux Machines
In Many Countries, Both Large and Small, Vista 11 is Losing Market Share (Despite New PCs Coming Preloaded With It)
One need not even consider large nations in isolation
By "Going Public" the Raspberry Pi Ensures It'll No Longer Serve the Public
It'll be owned and controlled by whatever people wish to control it
Dave Wreski Also Plays the Bot Game (Chatbot) at LinuxSecurity to Fake 'Articles' About "Linux"
How much longer can they fool search engines (SEO) and readers?
[Meme] Indisputable Success
MICROSOFT buys shares of MICROSOFT
Links 12/06/2024: 'Hey Hi' (AI) Bubble Imploding Already, Danish Media Threatens to Sue OpenAI
Links for the day
Links 11/06/2024: Floods in Germany and Brazil, Political Violence
Links for the day
Gemini Links 12/06/2024: Sketching Plants, OpenBSD Pubnix
Links for the day
"2025 the year of Linux on the Desktop"
Charlie Stross quote
In Bahrain, Historically Low on GNU/Linux Adoption, Things Change for the Better
They have some people who understand Free software
Daniel Pocock Received Twice as Many Votes as Andreas Tille (Debian Project Leader After 2024 Election)
From the media yesterday...
Debian is Built by Hundreds of Volunteers and 524 Irish People Voted for Daniel Pocock
524 in that area went to the polling station to vote Daniel Pocock (Ind)
[Meme] RMS is 'Too Old', Says Company Run by a Person 5 Years His Junior (Ginni Rometty) and 10 Years His Junior (Arvind Krishna)
Never again?
[Meme] Women in Computer Science
Grace Hopper, Ada Lovelace etc.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 11, 2024
IRC logs for Tuesday, June 11, 2024
Togo: GNU/Linux Growing Fast This Year, Now Measured at 6%
Sending Bill Gates with a suitcase to bribe African officials isn't enough anymore
Free Software Projects Need to Chase Away Men Who Attack Women Rather Than The Women Who Complain
A just society holds people accountable rather than covers up such blunders
Improving the Image of Women in Free Software by Hiring and Promoting the Proficient Ones
Million's shaman background isn't the problem, or even the superstitious ghost-chasing. The problem is that she has absolutely no background in Free software.
They Say Cash is King
People who value their freedom will pay with cash any time they can
'Team Microsoft' Wants to Leverage Our Popularity as a Weapon Against Us
In the past 2 days we published 64 articles and served over a million HTTP/S requests
[Meme] Microsoft Has Enough of Its Own Problems (Layoffs Abundant), It Won't Rescue IBM or Canonical
"It's OK, we're partners"
Know Your Allies, Know Your Enemies
The answer to censorship attempts is more speech, not less speech
Debian is Back to Taking Money From Microsoft, the Company That's Attacking Linux From the Inside
If Debian fails to understand what's wrong with it, that's a problem
Ghana: Windows Down From 97% to Just 15%
The doors are closing on Windows
Links 11/06/2024: Practice of Retaliatory Layoffs at Microsoft
Links for the day
Gemini Links 11/06/2024: GMID 2.0.5 and More
Links for the day
The United States Will Cut Off or Cull Firefox
It is only a matter of time
[Meme] Firefox Is Not an Alternative to Google, Only to Chrome (and It Has Become Proprietary or OSPS Like Chromium)
The illusion of remaining "choice" on the Web
No, the World Wide Web Isn't Open (and Hasn't Been for Years)
It's proprietary all the way now
The War on Free Software Reporters - Part VII - Groupthink, Censorship Demands, and Ultimatums
There's a lot of groupthink in the Free software community
Microsoft Told Us That LLMs Were a Boon for Azure and 'Clown Computing', But the Thousands of Layoffs This Month Prove That It Was a Lie All Along
Azure is collapsing
Why We Post Statistics About the Usage of Operating Systems Worldwide
We're hoping to see GNU/Linux at over 10% (on desktops/laptops) some time in the coming years
Winning Defamation Cases is Incredibly Difficult (for Plaintiffs), Even in the United States and the United Kingdom
SLAPP should always backfire
In Kuwait, Microsoft's Windows Fell From 97% to Just 15%
According to statCounter
GNU/Linux in Philippines Climbs to New Levels
This is an all-time high
Links 11/06/2024: Windows Outcry and Climate News
Links for the day
Tux Machines Was Always a Women-Run Site (the Real Voices of GNU/Linux, Not Political Props in Corporate Events)
Corporate "diversity" is more of a marketing/PR gimmick than real, genuine diversity
Macao: GNU/Linux Desktop/Laptop Operating System Market Share Rising Close to 7%
GNU/Linux Rises to Record High in Macao
FSF is Now 50% Female, Unlike Red Hat (Which Moaned About Lack of "Diversity" at FSF)
Isn't the hypocrisy just astounding?
Since COVID-19 Lockdowns Windows Fell From Almost 50% to Just 10% in Loas
According to statCounter
[Meme] Quantity Says Nothing About Worth, Value, or Quality
People will generally gravitate towards things of quality and reputation
Microsoft's Windows in Gabon: From 20% 'Market Share' Down to Around 10% in a Few Months
Gabon is not a small country
Meanwhile at canonical.com
Canonical knows exactly what Ubuntu users want
[Meme] Microsoft (and the NSA) Will Never Forget
The user trying to permanently disable 'recall'
Windows Falls Below 20% in United Arab Emirates This Month
According to statCounter
"Windows 11's Recall AI, known to take snapshots and recordings of user computers regularly, including key presses, was discovered to store all its information in an unencrypted local folder."
"You can copy the data from another user's "recall" folder as another user."
Fedora Week of Diversity (FWD) 2024 Outsourced to Proprietary Spyware of GAFAM
Need to use proprietary software to participate
IRC Proceedings: Monday, June 10, 2024
IRC logs for Monday, June 10, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] Clown Computing is Better For...
Clown: they said clown computing enhances security
One in a Thousand Voters Chose to Vote Daniel Pocock (as First Preference)
He got about 4 times more votes than what had him win FSFE elections
Daniel Pocock on Good Performance in His EU Election Campaign: Thanking the voters of Midlands-North-West, Ireland
Reprinted with permission from Daniel Pocock
The 'IT Industry' is Already in Ruins
The "powers that be" do not want the "hoi polloi" to possess skills and systems
Microsoft's Windows is Sliding Away Into Minority Platform Territories, Even in Rich Countries With Affluent Computer Users
We seem to be striking a nerve at Microsoft every time we say this
Self-Hosting Should be Taught and Embraced, Outsourcing Creates More Problems (or Risks) Than It Solves
One can control one's destiny...