Bonum Certa Men Certa

Some US Patents' Quality is So Low That There's a Garden Clearance/Fire Sale

Allied Security Trust (AST) is trying to offload many of them, the deadline being tomorrow

Australia and America



Summary: Rather than shoot worthless patents into orbit where they belong the Allied Security Trust (AST), collector of dubious patents [1, 2], will try to sell them to gullible opportunists and patent trolls (even if the said patents would likely perish in courts)

THE USPTO spent decades granting a lot of poor-quality patents (like those the EPO nowadays grants, due to Battistelli's policies). Many of these patents will never be tested in courts (the vast majority will have expired without any court action), so it will be hard to tell just what proportion of these patents is bunk. There are no reliable estimates of that.



"Many of these patents will never be tested in courts (the vast majority will have expired without any court action), so it will be hard to tell just what proportion of these patents is bunk."Many companies sell their patents in bulk, usually to patent trolls. Some get sold because the patents are about to expire, whereas others are sold due to a company's bankruptcy. The term "fire sale" comes to mind. As Wikipedia defines it: "A fire sale is the sale of goods at extremely discounted prices, typically when the seller faces bankruptcy. The term originated in reference to the sale of goods at a heavy discount due to fire damage. A fire sale may or may not be a closeout, the final sale of goods to zero inventory. Fire sales are said to occur in the financial markets when bidders who value assets highly are prevented from bidding on them, depressing the average selling price below what it otherwise would be. This lowering of the price can cause even further issues because it may be inaccurately perceived as signaling negative information."

"Many companies sell their patents in bulk, usually to patent trolls."The abundance of US patents isn't something to necessarily be celebrated; what really matters is how strict or lenient patent examination is; when it comes to patents, journalism or 'articles' these days are just a 'shopping list' of patents, e.g. this from RichmondBizSense: "Local patents for 7.18.18" (yesterday)

Or this one from patent propaganda sites like "Dallas Innovates"/"Dallas Invents" series: "Dallas Invents: 97 Patents Granted for Week of July 10" (this is the latest of many)

"Worthless patents are currently being sold by a parasitic entity, AST, using buzzwords like "Artificial Intelligence" and "Internet of Things" (typically software patents)."It's nothing but a copy-paste job; they make no effort to assess or explain these patents.

Worthless patents are currently being sold by a parasitic entity, AST, using buzzwords like "Artificial Intelligence" and "Internet of Things" (typically software patents). Bring in the garbage trucks. They've just advertised these [1, 2] as follows:

Artificial Intelligence / Machine Learning Augmented Reality / Virtual Reality Automotive / Transportation Services Blockchain Internet of Things / Connected Devices Smart Home Software / Web Services Wireless


The deadline is tomorrow. How many patent trolls will pick up patents in there? How many can be voided by Section 101?

Watchtroll's guest writer, Alex Poltorak, wrote on July 12th about US patent number 10 million, which is likely bunk/bogus as per Section 101. To quote:

Last month, the U.S. Patent Office issued patent number 10,000,000. This historic occasion calls for rethinking our patent system and the future of American innovation.

In the past, such an event would have been a cause for celebration, a testimony to our ingenuity. Back then, patents were valuable assets, protecting and incentivizing innovation. A valid patent gave its owner the right to stop infringers in their tracks. Unfortunately, that is no longer the case.


Yes, not because of "bad courts" but because of bad patents -- patents that should never have been granted, right? That silly celebration of 10 million patents could also be seen in Sioux Falls Argus Leader two days ago, courtesy of "Jeffrey Proehl [who] is a registered patent attorney with Woods, Fuller, Shultz & Smith P.C. in Sioux Falls." Obviously he's just marketing himself. It's not really journalism, it's PR.

"How many patent trolls will pick up patents in there? How many can be voided by Section 101?"Thankfully, software patents and other abstract patents have lost their 'teeth; it's like they are zombies or just "dead" (the term used by patent maximalists) because the Patent Trial and Appeal Board (PTAB) belatedly applies the law through inter partes reviews (IPRs). Here's a new example of it, just published by Law 360:

PTAB Nixes 2 Customer Service Software Patents



The Patent Trial and Appeal Board has struck down two patents covering customer service software, finding that a California-based company’s patents are invalid as obvious.

In two final written decisions issued Monday, the PTAB ruled that tech company LivePerson Inc. had shown that 17 claims across two patents owned by rival [24]7.ai. Inc., formerly known as 24/7 Customer Inc., are both rendered obvious by a combination of earlier inventions.


Might this be a cautionary tale for those who still pursue software patents because the patent maximalists 'pull a Berkheimer' or speak of the fictitious "Berkheimer Effect"? As we've shown here many times before, Berkheimer has not had a profound effect. Iancu the Trump appointee attempted to use it to weaken PTAB, but virtually nothing has changed. Denver Business Journal has just reported that he spoke in Denver, but other than that he has been keeping a really low profile lately. Ellie Mertens, a writer for the patent maximalists' media, says that Berkheimer did have an effect, but her article is behind a paywall, so we're unable to see what source or data she's citing. The summary says:

New data reveals that findings of invalidity and the success of 101-based motions to dismiss have dropped since Berkheimer, the most important subject matter eligibility case of 2018


It's only "the most important" in the eyes of patent maximalists who attempted to exploit it for their personal agenda (as did Iancu). Unless we actually see some hard data to support the above hypothesis, we'll just continue to assume that Alice, together with TC Heartland and Oil States (also this year; far more important than Berkheimer), mean that software patents are bunk, courts that tolerate such patents are less accessible, and PTAB is free to invalidate them, based on the latter two decisions from SCOTUS, respectively. Berkheimer is just one among many Federal Circuit decisions.

Recent Techrights' Posts

LLM Slopfarm: A Site's Last Incarnation Before Throwing in the Towel, Going Offline Permanently
A lot of coverage that claims to be about Finland is chatbot-generated nonsense or poorly-plagiarised work
LLM Slop (Lots of It Spewed Out by Microsoft) Versus Linux
Microsoft is a very, very evil company. It doesn't mind destroying the Web if there's a chance it'll make a buck in the process or mess up people's brains (in Microsoft's favour).
Slopfarms (Sites That Only Ever Publish LLM Slop) Are Killing Google News
pair of slopfarms still propped up by Google News
Microsoft's Serial Strangler's Law Firm Has a Long History of Fronting for People Who Do Bad and/or Illegal Things
Whose terrible idea was this?
Links 25/03/2025: Clownflare’s Slop and Bounties on Fake Patents
Links for the day
 
Links 26/03/2025: Healthcare Cuts and Turkey's Own "2025 Project" (Culling Opposition)
Links for the day
Microsoft Canonical Pays IDG to Spread FUD (Fear, Uncertainty, Doubt)
this seems a tad exploitative and reminds us of the time Novell kept telling companies that using anything other than SUSE was dangerous
Gemini Links 26/03/2025: GTD, Zenshuu, and Geminispace Community
Links for the day
Links 26/03/2025: Media's Failures, Arrests of Journalists, Limitations of End-to-End Encryption
Links for the day
Novell and Microsoft Apologist/Booster Bruce Byfield Writing About the FSF is a Recipe for Problems
Totally not shoehorning some agenda
Looking Forward to the Fall of UPC and Revocation of the Unified Patent Court (UPC) Agreement, Which Was Always Illegal and Unconstitutional
We'll try to keep abreast of any progress in this case
Slopwatch: Google News, LinuxSecurity.com, and the General Demise of the Web
many supposed or so-called "news" pages are just spewed out by some chatbots (or tools which help plagiarise original articles without getting caught; detection gets harder)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 25, 2025
IRC logs for Tuesday, March 25, 2025
Links 25/03/2025: Terrace Workbench and Spellcheck in LibreOffice on FreeBSD
Links for the day
Let Them Eat 'Apps'
Go Appless
Linux Runs Almost Everything, But They Almost Never Tell You This (No Marketing Budget)
Only about 1% (or at most 2%) of the Linux Foundation's budget goes towards Linux; a lot is routed towards Bill Gates and Microsoft promotion
Free Software Community Folks Are Closer Together Than the Cliques and Opportunists Rallying Around "Open Source" (Openwashing, Marketing, Conniving)
Generally speaking, freedom-loving geeks learn to reject morbid elements and trolls, who end up expelled
The Open Source Initiative (OSI) Might Get 'Forked' Soon
Someone who read our series has already taken a leading role
IBM Layoffs in the United Kingdom (UK) in 2025
Should Free software people trust such a secretive company?
Roku Will 'Lead' Attempts to Abolish the Illegal and Unconstitutional Unified Patent Court (UPC), Which Represents EPO Corruption and Lobbyism Spreading Upwards Inside the EU
When bribery buys policies and courts, even illegal policies and courts
Growing Poverty Rates in the United States of America (or Elsewhere) Beneficial to GNU/Linux Adoption
Toxic politics around the world, including the US, may mean weaker economies
European Patent Office (EPO) Illegally Turning to Slop Behind Closed Doors, Staff Objects to This Hidden Catastrophe
Who stands to gain from all this and at whose expense?
Gemini Links 25/03/2025: Relaxation, Literary "Movements", and Gemini Mentions
Links for the day
After US Government Funding Cuts the Centralisation of the Web (Especially Certificate Authority Let's Encrypt) is at Risk
They try to pull the plug on open protocols with decent encryption available (unless it is outsourced to third parties)
Links 25/03/2025: Putin Sends Children to Battle, 23andMe Drowns as People's Highly Personal DNA Data Floats
Links for the day
When Microsoft Folks Who Literally Strangle Women Try to Strangle Microsoft Critics
Speaking to Court staff yesterday, they too are shocked about those SLAPPs
Martinique: Windows Down to All-Time Low
we cannot expect Windows to ever recover
Anticipated in 2018: Lilie James & Location tracking, Googlists complained
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 24, 2025
IRC logs for Monday, March 24, 2025
IBM (and Red Hat) on a Fast Train to Nowhere
What is the future of Fedora when IBM keeps removing its leadership?
Press Reports Say Almost 10,000 Western IBMers Laid Off
We've been trying to verify/corroborate this somehow
Gemini Links 24/03/2025: "Live Off the Land" and Life Without YouTube
Links for the day
Planet Ubuntu (or Ubuntu Planet) is LLM Slop
Reading chatbots' output is bad use of time
Days Ago yewtu.be Found a Workaround That Made Invidious Work Again. Then Google Broke All the Instances (Again).
"Youtube changed something again, so if a video does not play, it's because of that."
The European Patent Office (EPO) is Slowly Killing Its Own Staff; All It Cares About Is Money
The Office hasn't been run by a scientist for about 18 years already
Links 24/03/2025: US Detaining Innocent People, F-35 Contracts Suspended Due to Hostilities
Links for the day
Cellphones (Mobile Phones) in Classrooms
A recent study confirmed that people's intelligence has dropped in recent years/decades
Is the FSF Being 'Trolled' by Microsofters Pushing C# (Microsoft)?
Who stands to benefit from training people to use and spread Microsoft?
Matthew J. Garrett is "Former Microsoft Researcher", According to Microsoft's Serial Strangler
Their argument is something along the lines of, "what Roy published damaged my career prospects, so I want Roy to pay me...
Links 24/03/2025: Political Catchup and Environmental Concerns
Links for the day
Windows Has Now Fallen to Rather Ridiculous 3% "Market Share" in Iraq (Windows Was Measured at 100% Back in 2010)
Iraq is not a place where Windows can make a comeback
Gemini Links 24/03/2025: Working With Music and Unconscious Influence
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 23, 2025
IRC logs for Sunday, March 23, 2025