Bonum Certa Men Certa

Anthony Kennedy’s Retirement From SCOTUS Means That the Patent Microcosm Has Selective Recollection

Anthony Kennedy on Wikipedia
Reference: Wikipedia



Summary: The US Supreme Court (SCOTUS) has been responsible for much of the actual reform in terms of patent scope, patent litigation venue and so on; patent maximalists, livid in the face of these changes, bring up Bilski and anything they can throw at the wall, hoping that something will miraculously stick

THE effort to derail Alice (a 2014 SCOTUS decision) isn't stopping, having just entered its fifth year.



Dennis Crouch says that patent maximalists' front groups (AIPLA, IPO, and NYIPLA) want software patents back. What a shocking surprise! Not!

This speaks of "35 U.S.C. €§ 101—Inventions Patentable" and then Crouch adds:

Here, the term “claimed invention” does not mean what might suggest — an invention that has been claimed in a patent or patent application. Rather, the term “claimed invention” is narrowly defined as “the subject matter defined by a claim in a patent or an application for a patent.” 35 U.S.C. 100(j). In other words, the “claimed invention” is what is claimed to be the invention.

Of course, the next step will be much more difficult for proponents of the legislation – getting Congress to act.


Congress does not need to act and it's not for Congress to decide on anyway. A month ago Crouch kept sort of 'bullying' for Congress to get involved, even when it wasn't asked to (misqoting or misinterpreting a Federal Circuit judge, who did not even mention Congress).

"Congress does not need to act and it's not for Congress to decide on anyway."IAM, the patent trolls' lobby, did the same thing by stating: "The New York IP Law Association just released a statement in support of @IPO / @aipla proposal on re-writing of statute around patent eligible subject matter. Big sign of consensus in IP community on 101..."

By "IP community" IAM means patent maximalists. So the lawsuits 'business' agrees with lobby/front groups of the litigation giants, boosted by the patent trolls' lobby, IAM. Great! So they all agree on that. How is that even newsworthy? It's like saying that Japanese people agree on sushi.

"So the lawsuits 'business' agrees with lobby/front groups of the litigation giants, boosted by the patent trolls' lobby, IAM."But anyway, that's just the tip of a bigger iceberg because there's now a glimmer of hope among those people that Anthony Kennedy’s retirement will have consequences for patents. But will it? Some of the most vocal patent maximalists recall an old case, the Bilski case (Bilski v Kappos) from nearly a decade ago. One response to this said: "Kennedy made up for his bilski concerns in Alice, so careful what you wish for. You'll not like his replacement, but Gorsuch & Roberts will" (naming the people who dissented on Oil States).

Well, the patent microcosm's tears could fill up a bucket of 10 million milliliters (or patents). They just can't stand SCOTUS and hope to reboot the whole court. As for Kennedy, he was hardly a patent-hostile person; they just sort of quote-mine him to make it sound like he opposes Alice (based on an unrelated decision from almost half a decade earlier!).

"They just can't stand SCOTUS and hope to reboot the whole court."Dennis Crouch and his chums then mentioned Kennedy’s record on patents, which is a lot more extensive than the Bilski case but they're starting with Bilski v Kappos (probably by intention). It will certainly be interesting to see who gets nominated and appointed, but to suggest that Kennedy opposed Alice based on views expressed in an entirely different decision (of a different nature) is spin at best or lying at worst. But they'd cling onto anything...

Recent Techrights' Posts

Dispelling the Notion That Microsoft is Political Left
Microsoft not only got bailed out (several times) by Donald Trump but also approached him to take over TikTok without paying for it
Slow But Ongoing Mass Layoffs at EPO, Estimates That Nearly Half of the FOs Will be Made Redundant Soon
When you cease to care about validity and quality of patents you're granting why bother with humans at all?
[Video] Richard Stallman's New Talk in Germany Covers What Free Software Means, Why LLMs are "Bullshit", and Lots More (Web3 Summit 2024 Berlin)
Closing Keynote Day 3 - Dr. Richard Stallman - Web3 Summit 2024 Berlin
The Peril of the Electronic Frontier Foundation (EFF) Illuminates the Dangers of Founders Leaving or Being Forced Out
Whatever you may think they stand for, you risk being fixated on what they originally were and perhaps what their Web sites still say
Difficult Times at Soylent News
We hope that Soylent News will recover from this
Crimes of the EPO Are Costing Everybody in Europe
Since virtually everyone in Europe is a user of software (almost nobody is a forest dweller like in countries near the equator), this impacts everybody
 
Certificate Authority Let's Encrypt Has Fallen From 12% in Geminispace to Just 1.2% in Two Years (Capsules Usually Self-Sign Their Certificates)
Don't ask the imposters about security
The "IT Industry" is Full of Imposters (It's a Growing Crisis)
They often manage the companies
Richard Stallman Explains Stochastic Parrots (LLMs)
From his latest talk
The Toys of Today's Kids and Coordination Woes, Not to Mention a Lack of Social Skills
Too much time indoors, too much screen time
Linus Torvalds, the Son of a Politician, Tries to Stay Out of Politics (or Political Topics)
"I'm just a geek" has its limits in practice
Richard Stallman Still Deals With Politics
Stallman's gonna Stallman
GAFAM Not Invincible
The US has an election very soon and Microsoft is already bribing candidates for deregulation and favours, based on press reports
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 10, 2024
IRC logs for Tuesday, September 10, 2024
The Greatest Show on Earth (Buzzwords Circus)
What next? Being denied medical service because you don't have a Facebook account?
Gemini Links 11/09/2024: Happiness, Improvised Nebuliser, and olden Age of Palm OS
Links for the day
Julian Assange's Father Turns 80 and They Show Themselves in Melbourne
Will he be active in Wikileaks soon?
[Teaser] EPO Tightening Its Belt
who didn't see this coming?
Are Lawsuits Over EPO Corruption Next?
Why does the mainstream media not cover it?
Europe's Second Largest Institution, the EPO, Exploits Lack of Oversight to Commit Crimes Every Day
Immunity begets impunity, which in turn begets crime
Transcript of Latest Public Talk by Dr. Richard M. Stallman (RMS), Delivered Last Month at Web3 Summit 2024 Berlin
quick-and-dirty transcription
Links 10/09/2024: Big Brother Awards Germany 2024 and Telling the Unemployed to 'Drive Uber'
Links for the day
Gemini Links 10/09/2024: DUIs and Useless Analytics
Links for the day
New Article in redhat.com: How to Install Microsoft Windows
That's just about as bad as that sounds...
OSI's Blog is Still 100% Microsoft-Sponsored Attacks on Free/Open Source Software
OSI is a compromised, defunct body. It exists to serve the enemies of its original mission.
A Decade Ago Things Became So Bad at the European Patent Office (EPO) That Staff Jumped Out the Window During Working Hours
Colleagues saw the suicide; the EPO's response wasn't to tackle the causes but to bolt down the windows (like factories in China installing controversial 'suicide nets')
Red Hat is Suing to Protect From Patent Trolls
Why doesn't Red Hat (IBM) also lobby to eliminate all software patents once and for all?
COVID-19 Ushered in Attacks on Human Rights and Things They Said They Had Introduced Temporarily Are Still in Effect/Operation Today
COVID-19 changed a lot of things
Quitting Academia When Its IT Systems Are Dominated by Clowns Who Outsource
It seems like a common trajectory
Why the Free Software Foundation (FSF) Owning or Renting Office Space Mattered
"In the long term, the FSF needs to own its future office space, but then the deadly risk is that the property ownership becomes the end goal rather than software freedom."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 09, 2024
IRC logs for Monday, September 09, 2024
Free Software Foundation (FSF) Probably Has No Choice But to Shut Down Its Office
Net Income -$686,366
Nearly Two Years After Quitting My Job
My colleagues and I were bullied by managers (grievance complaint got filed) who didn't even know what "Linux" was
Terms of Service (TOS) Under Scrutiny - Part XVIII - In Conclusion
Many activities can be done offline without having to sign anything
Modern spyware and the problems of "Discord newspeak"
The history of modern instant messaging...
Links 09/09/2024: More Trash Balloons and Collapse of Real Estate Market in China
Links for the day
Gemini Links 09/09/2024: ROOPHLOCH and More
Links for the day
Wrong Priorities at IBM
Lavish spendings on a 16-year contract for the most expensive place while firing tens of thousands of staff
Links 09/09/2024: LLMs Manipulated to Lie, More Corruption Found in COVID-19 Contracts
Links for the day
The Best Interface is Outdoors, It's Nature!
Not everything should be replaced by or emulated by digital devices
Terms of Service (TOS) Under Scrutiny - Part XVII - A Personal Perspective
The bottom line is, it's possible to reduce (albeit not entirely eliminate) how many things one signs, presses "OK" on and so on
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 08, 2024
IRC logs for Sunday, September 08, 2024
Always Taking Things Up a Notch
Nothing will stop us
[Meme] EPO Keeps Masking Its Corruption With "Diversity and Inclusion" (Hiring the Wife of a Friend of Someone Who Bribed His Way Into EPO Presidency)
chain of nepotism
Very Large EPO Applicants Now Threaten a Boycott of the EPO (the EPO Management is Trying to Bribe Them to Change Their Plans/Minds While Hiding It From Staff)
If corruption prevails to this extent, it will have severe international effect
Gemini Links 09/09/2024: Gemini Application Developer Guide and ROOPHLOCH 2024
Links for the day
Links 09/09/2024: 'Dieselgate' Criminal Trial Starts Late, Mass Layoffs at Volkswagen
Links for the da