Bonum Certa Men Certa

Patent Extremism -- Like All Extremes -- Leads to Bad Outcomes

Patents have, to some people, become like a religion

Religion of patents



Summary: Religiously believing in the value of all granted patents is a form of extremism which actively puts many lives at risk; the sooner this is realised, the better off society will be

THE affairs at the EPO serve to show what happens when a patent extremist, Battistelli, is put in charge. With Iancu in charge of the USPTO (a Trump appointee) we might soon have a similar patent extremist calling all the shots (like Battistelli), but we're not that pessimistic, at least not yet.



"Letting things burn (up in flames) because of patents? Does the court really want to restrict sales of fire trucks?"Balance between patent monopolies and public interests isn't a new subject; in fact, it's often debated in the context of access to health, i.e. maximising the saving of lives. The other day the patent blog Docket Report wrote about Pierce Manufacturing, Inc. v E-One, Inc. et al. It said this:

The magistrate judge recommended granting plaintiff's motion for a preliminary injunction prohibiting sales of the accused fire trucks and found that plaintiff established irreparable harm through lost sales of non-patented products.


Letting things burn (up in flames) because of patents? Does the court really want to restrict sales of fire trucks? There may be impending orders whose delivery is critical for people's safety.

Docket Report also wrote about The Regents of the University of California et al v Affymetrix, Inc. et al and a high-profile patent case, PPC Broadband, Inc. v Corning Optical Communications RF, LLC, which will potentially reach SCOTUS. The first one shows a taxpayers-funded university (tax-funded research) engaging in patent aggression. It says that "[t]he court granted plaintiff's motion to compel the production of an email with a third party manufacturer that defendants clawed back under the common interest privilege because the manufacturer was not represented by counsel."

"Patent maximalism is a disease and it profoundly hurts those who are absolutely innocent."The second one is summarised as follows: "Following the Federal Circuit's affirmance of the jury verdict, the magistrate judge recommended granting plaintiff's motion to enforce liability on defendant's $68 million supersedeas bond and rejected defendant's request to continue the stay pending its certiorari petition to the Supreme Court."

So a district court, the lowest possible court, is trying to deny access to the very highest court, SCOTUS? That makes no sense at all. SCOTUS would quite likely bring sanity back, as it has been doing over the past few years.

"Who benefits? The lawyers. They don't care who pays the bills as long as they do get paid."Anyway, here we are dealing with patent maximalists and people who are more concerned about patents than about wellbeing of people and academic institutions (which ought to pursue education, not lawsuits). We grapple with technology-hostile sites like Watchtroll which advertise patents and very belatedly promote software patent lawsuits because their goal is to make lawsuits "great again". While slamming "Big Tech" (example from yesterday) the site is trying to tell us that it's interested in "innovation". Who are those people kidding? They keep attacking judges, they attack politicians who care about science, and they try to eliminate quality control at the USPTO (similar to the Boards of Appeal at the EPO). 4 days ago the site wrote about Xitronix Corporation v KLA-Tencor Corporation and also about this case regarding who pays the lawyers (because that's all they really care about; it's about money). At stake here there's an inter partes review at the Patent Trial and Appeal Board (PTAB), albeit it's about 35 U.S.C. ۤ 285 rather than something like 35 U.S.C. ۤ 101 (more relevant to us). To quote:

Stone Basket sued Cook for patent infringement and Cook petitioned for an inter partes review of the asserted patent. After the PTAB instituted review, Stone Basket filed a motion requesting adverse judgment. The PTAB granted the motion and canceled all asserted claims. Stone Basket then moved to dismiss the district court litigation with prejudice, and the court granted this motion. Cook then filed a motion for attorney’s fees under €§ 285, which the court denied because the case was not “exceptional.”


This basically means that frivulous litigation, initiated using bogus patents (issued in error), would still cost a lot of money to the innocent defendant (the victim). Well, isn't that the “exceptional" thing? That justice makes the victim pay for the victimiser's abuses/misuses?

Patent maximalism is a disease and it profoundly hurts those who are absolutely innocent. Who benefits? The lawyers. They don't care who pays the bills as long as they do get paid.

Recent Techrights' Posts

Debian Developer at Sirius Was Under the Wrong Impression That Staff Must Check or Should See E-mail All the Time (24/7 Work Attention is an Occupational Health Hazard)
My personal and professional experience with a Debian Developer (DD) at work
Techrights More Productive Than Ever Before
Today we finally crossed the 1,900-page milestone
Europe's Adoption of GNU/Linux, by Country (Now About 6%)
in Switzerland, for instance, adoption of GNU/Linux has been profoundly low
Not Only Has Adoption of Windows Vista 11 Flatlined/Plateaued, Now It is Going Down!
Did many people delete Vista 11 and install GNU/Linux instead?
 
Links 04/03/2024: Old Crisis Looming, UPC Already in Infringement of Article 6 ECHR
Links for the day
The Right to Disconnect (Meme and Very Recent References)
relatively new press
Links 04/03/2024: Techno-Babble in Tech Job Ads and Vision Pro Already Breaking Apart
Links for the day
[Meme] 'Debating' People by Subscribing Them to Lots of SPAM
Rebuttal? No, spam.
From Sexual Harassment of Women to Yet More Cybercrimes
They can be prosecuted
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 03, 2024
IRC logs for Sunday, March 03, 2024
Venezuela: Windows Below 70% (Laptops and Desktops), GNU/Linux Up to 7%
It's a lot higher in Cuba
ICYMI: ZDNet Financially Controlled by Microsoft
a history of censoring SJVN's Microsoft-critical articles
Argentina Joining the 4% 'Club' (GNU/Linux on Desktops and Laptops)
Data as ODF
Transparency Sets Society Free
"Convenient delusions" aren't bliss but temporary relief
[Meme] The EPO, Europe's Second-Largest Institution, Which is Contracting With Belarus
Socialist EPO
The European Patent Office's (EPO) Illegal Ban on Mass Communication Gets in the Way of Democracy
The scientific process (patents apply to science) must allow scrutiny, both from within and from the outside
Links 03/03/2024: Depression in Hong Kong, Sex 'Apps' and STIs
Links for the day
Links Gemini 03/03/2024: NixOS and NextCloud, Back Into Ricing
Links for the day
The Debian family fallacy
Reprinted with permission from Daniel Pocock
GNU/Linux Peaking in Europe, Android Measured as Higher or More Prevalent Than Windows
Android topping Windows
For Every Action There's a Reaction
Gates lobbying Modi
Like in Africa, Android Takes Control, Raking in Almost All the 'Chips' in Asia
So Microsoft has no OS majority except in Japan and Russia (and tiny Armenia).
Links 03/03/2024: Goodbye, Navalny (Funeral Reports)
Links for the day
Gemini Links 03/03/2024: A Wild Devlog Appeared and GrapheneOS Ramble
Links for the day
Gemini at 3,800+
total number of known capsules at above 3.8k
Be a Navalny
We salute Mr. Navalny
Mozilla Firefox is Back in ~2% Territories, Jeopardising Its Status as Web Browser to Test/Target/Validate With
Some new stats
[Meme] Russian Standards of Law: The Executive Branch Decides Everything
the president's kangaroo court
Up Next: The Tricky Relationship Between the Administrative Tribunal of the ILO and the European Patent Organisation (EPO)
We've moved from presidents who run a republic by consent to corrupt, unqualified, dictatorial officials who bribe for the seat (buying the votes)
IRC Proceedings: Saturday, March 02, 2024
IRC logs for Saturday, March 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Beware Imposter Sites of Techrights (Not Techrights.com or Techrights.org)
Only trust pages accessed through the domains controlled by us
Italy visa & residence permit: Albanian Outreachy, Wikimedia & Debian tighten control over woman
Reprinted with permission from Daniel Pocock
Links 02/03/2024: Actual Journalists Under Attack, More Software Patents Being Challenged
Links for the day
Gemini Links 02/03/2024: NixOS on GPD, Meson Woes
Links for the day
statCounter March 2024 Statistics (Preliminary)
Notice Asia
Links 02/03/2024: More Lawsuits Against Microsoft, Facebook Killing Hard-To-Find News
Links for the day
ZDNet (Red Ventures) Works for Microsoft (Redmond), Many Of Its Pages Are Spam/Advertisements Paid for by Microsoft
Here is the "smoking gun"
Wikipedia Demotes CNET Due to Chatbot-Generated Spew as 'Articles'; It Should Do the Same to ZDNet (Also Red Ventures, Also Microsoft Propaganda)
Redmond Ventures?
IBM Sends Money to Microsoft
Red Hat basically helps sponsor the company that's a attacking our community
The Direction WordPress (GPL) Has Taken is an Embarrassment
it comes with strings attached
When the Cancer 'Metastasises'
We had a red flag
March in Techrights (EPO Litigation and More)
One theme we'll explore a lot when it comes to GNU/Linux is the extent to which communities truly serve communities
Don't Forget to Also Follow Tux Machines
We've split the material
Yandex Usage Has Surged Since the Invasion of Ukraine, Microsoft Fell to 0.7% (It Was 1.7% Before the 'Bing Chat' Hype Campaign)
In Soviet Russia, Bing searches user
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 01, 2024
IRC logs for Friday, March 01, 2024
Sellout Completed: Linux Foundation Converging With the Gates Foundation
not a joke
Hitler Rants Parodies on Steve Ballmer
Parody created using clips from Downfall (Der Untergang)
With Windows This Low (27% of the "OS" Market), Steve Ballmer Would Have Thrown Another Chair
The media produced many puff pieces about Nadella at 10 (as CEO), but what has he done for Windows? Nothing.
[Meme] The Naked President
EPO Suffers From Shrinkage
Attacks on the EPC: Reality and Fiction
EPO leaks