Bonum Certa Men Certa

Fake 'Articles', 'Debates' and 'Webinars' From Lobbyists Including IBM's David Kappos, IPO and IPLAC

Related: The Patent Microcosm is Setting Up a Huge Number of Anti-ۤ 101 Events in an Effort to Thwart Alice and Promote Software Patents

Money stack



Summary: Some of the familiar faces and groups turn up to lobby for patent maximalism, to bash PTAB and so on (serving their sponsors, who are patent bullies and patent law firms)

THE USPTO, which finds itself increasingly 'supervised' by PTAB (which affirms or overturns examiners' decisions), is no longer granting patents as leniently as before.



Patent maximalists are therefore regrouping to "discuss the state of software and business method patent-eligibility in 2018" in a new so-called 'webinar'. We have seen many such 'webinars' lately. Many are about Alice and their goal is to nuke Alice. But it has not worked. Not yet anyway...

As it turns out, former USPTO Director David Kappos is basically still lobbying for patent maximalism. He writes papers in favour software patents while collecting money from oligarchs and large corporations such as IBM. This software patents lobbyist of IBM actually spent many years working exclusively for IBM and he now uses his USPTO connections in an effort to alter policy. He still lobbies; he has this new article, whose disclosure omits his lobbying activities. It says: "David J. Kappos is a partner at Cravath, Swaine & Moore LLP; he previously served as Undersecretary of Commerce and Director of the U.S. Patent and Trademark Office, where he led the passage and implementation of the Leahy-Smith America Invents Act of 2011. "

What about his lobbying business? Funny how that's just conveniently left out. On February 8th (yesterday) there was this "IPO Webinar--Early Reports and New Ideas on Exhaustion," as one patent maximalist put it.The Intellectual Property Owners Association (IPO), which is closely connected to IBM [1, 2], is a patent radicals' front group, so this "webinar" promised to be pure lobbying. Patent Docs said the following about it: "The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Exhaustion Tamed? Early Reports and New Ideas after Lexmark" on February 8, 2018 from 2:00 to 3:00 pm (ET). Jorge Goldstein of Sterne, Kessler, Goldstein & Fox, PLLC; Brian Kacedon of Finnegan, Henderson, Farabow, Garrett & Dunner LLP; and William Krovatin of Merck & Co Inc. will discuss strategies and recent court cases.."

Notice who's there. The patent microcosm. As usual, they are attempting to dominate or monopolise every single 'debate'. Some of them are Koch-funded. The Kochs have an interest in Oil States -- a case to be decided later this year by the highest US court. Watch how IPLAC (patent maximalists in the north of the US) 'debates' this case (also yesterday). Stacked panel to 'discuss' a key case? You bet:

The Intellectual Property Law Association of Chicago (IPLAC) Young Members Committee will be presenting a panel discussion entitled "There Will Be Blood (and Beer): A Brief Panel Discussion on Oil States Services LLC v. Greene's Energy Group, LLC" on February 8, 2018 from 5:30 to 8:00 pm (CT) at the offices of Foley & Lardner in Chicago, IL. The panel will discuss Oil States Energy Services LLC v. Greene's Energy Group, LLC, including the proceedings before the Supreme Court, and offer commentary on the issue of whether inter partes review violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury.


In our previous post we wrote about the UPC lobby doing similar things in Europe. They set up their own exclusive 'events' or 'forums' or whatever they want to label these; the real purpose is to mislead and lobby officials.

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