Bonum Certa Men Certa

Patents as Profiteering Opportunities for Law Firms Rather Than Drivers of Innovation for Productive Companies

The litigation 'industry' just wants lots and lots of lawsuits

Dark halloween



Summary: A sample of news from yesterday; the patent microcosm is still arguing about who pays attorneys’ fees (not whether these fees are justified) and is constantly complaining about the decline in patent litigation, which means fewer and lower attorneys’ fees (less work for them)

AUGUST is a relatively quiet (likely quietest of the year) month for the EPO and USPTO, so we don't expect to hear many announcements and news. Nevertheless, yesterday IAM published this promotional piece about NantKwest, Inc v Matal, which goes a whole fortnight back. Here's what it said:



On 27 July 2018 the Federal Circuit Court of Appeals en banc rejected the USPTO’s attempt to obtain attorneys’ fees after patent applicants appealed the rejection of an application in a de novo civil action. It reversed the earlier decision of a three-judge panel in NantKwest, Inc v Matal and expressly rejected the Fourth Circuit Court of Appeals’ reasoning for allowing the USPTO to obtain attorneys’ fees for appeals against trademark denials.


"USPTO is once again contemplating the possibility of reviving a proposal that envisions all patent practitioners paying annual patent bar dues," Watchtroll wrote. It's all about money.

"To Roebuck it’s all about money; there’s no other reasons for these people to promote software patents, which are generally loathed by software developers."Over at Watchtroll, Arista's loss is belatedly noted and G. Michael Roebuck promotes software patents, as usual. "This article presents a two-step approach to responding to software patent-ineligible subject matter rejections under 35 USC 101," he wrote yesterday, "and drafting patent-eligible subject matter software patent applications having claims to an “improvement in computer functionality”. The first example describes the approach for responding to 101 rejections. The second example describes the approach for drafting patent-eligible subject matter software patent applications."

To Roebuck it's all about money; there's no other reasons for these people to promote software patents, which are generally loathed by software developers.

Another site of patent maximalists wrote about the collapse of patent lawsuits. Law firms generally panic as patent lawsuits collapse (that seems like a suitable word), i.e. fewer patents are expected to be respected by courts (low legal certainty). To quote what's outside the paywall:

US patent case filing was down in the first half of 2018. We examine the number of cases, types of defendants and Federal Circuit decisions affecting filing trends


Many Federal Circuit cases are now coming from the Patent Trial and Appeal Board (PTAB), namely inter partes reviews (IPRs) being appealed.

All the above (from yesterday) is that same old phony agenda, which puts litigation and patenting before science and technology. These people know very well what they're trying to achieve; and that certainly ain't innovation but litigation. The more, the merrier.

Recent Techrights' Posts

Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
gbhackers.com is Not Hackers, It's LLM Slop Outputs (Fake 'Articles') That Attack 'True Hackers'
A site called linuxsecurity.com keeps doing this and now we see the slopfarm gbhackers.com doing the same
linuxsecurity.com Continues to Spread Lies or Machine-Generated FUD (Microsoft LLMs Likely the Source) About OpenSSH and Linux
this LLM problem is global
People Who Came From Microsoft Demanding Removal of Articles About Them, About Microsoft, and About Microsoft GitHub is "Generous" (According to Them)
Imagine choosing a law firm that borrows money in the same year just to avoid overdraft in the bank!
 
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025
Gemini Links 20/02/2025: Law of Warming and Cooling, Health, and Devlog
Links for the day
Links 20/02/2025: Microsoft Infosys Layoffs and IRS Layoffs (Good News for Rich Tax Evaders)
Links for the day
IBM Layoffs in Europe Already Happening or Underway (UK and Spain). They Try Not to Call These "Layoffs".
"CIO" in particular was repeatedly mentioned lately, as was Consulting
Possibly a Third Round of Mass Layoffs at Microsoft in 2025 ("Cloud Solution Architects, Customer Roles"), Report Removed or Censored
This is literally the top story for "microsoft layoffs" right now
Instead of 'DoS Protection' Cloudflare is Allegedly Conducting 'DoS Attacks' on Users of Browsers Other Than Firefox and GAFAM's DRM Sandboxes (Chrome, Safari and Others)
If you value the Web, you will avoid Cloudflare
Mixing Real With Fake in One 'Article' (by "Director of Content, Help Net Security")
From what we can gather, he got machines to generate some slop for him
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 19, 2025
IRC logs for Wednesday, February 19, 2025
Gemini Links 19/02/2025: FreeDOS abd Botfloods
Links for the day
Microsoft Has "Made the Customer the Product."
it's very likely this comment was made by a Microsoft employee
GNU/Linux and Android Trump Microsoft in Saudi Arabia, Bing Down Since the LLM Hype/Hysteria Began
Microsoft leaves a lot of money on the table
The Interplay Between Free Software and Journalism Based on Truths, Suppressed Facts
Honest people can be transparent. Dishonest, rogue people rely on a lack of it.
FSF Talk: "Free Software Teaching Materials" by Dr. Miriam Bastian
Software Freedom is rooted in philosophy but it's about technical solutions
IBM's CEO Has Become a Stochastic Buzzword-Generating Machine
The current CEO is extremely unpopular
Chicago Transit Authority Has Dumped Twitter (X), As Did Many Others Without Announcing It (Due to Fear of Right-Wing Mobs)
If you don't have an account in Gab, then you probably should not have one in "X", either
How-To Geek Sort of Supersedes MakeUseOf (MUO) for GNU/Linux Coverage
some writers from MakeUseOf (MUO) have been migrated to a sister publication
New Year's Resolutions Scoreboard
The goal is to improve clarity, accessibility, speed, and accuracy
Sites Reporting Crimes and Getting Harassed for Reporting Crimes
you cannot just ignore those who constantly seek to harass
Links 19/02/2025: Science, Hardware, and Digital Restrictions (DRM) Striking Again at eBooks
Links for the day
Zizian, transgender, Google & Debian open source extremist cult phenomena
Reprinted with permission from Daniel Pocock
Links 19/02/2025: The Forgotten USB Competitor and Pope's Bilateral Pneumonia
Links for the day
Gemini Links 19/02/2025: AuraRepo and Offpunk
Links for the day
Slopwatch: Wayne Williams is Making Up for His Workers' Slop Party, LinuxSecurity.com Still Publishes Fake Articles
We must identify and call out the culprits
“Open Source” Really Does Miss the Point, We Can Do Better Than That
We need to reject groups of people who promote Microsoft GitHub (proprietary) and call that "Open Source"
Red Hat's Bluewashing to be Further Completed This Year
Do not wait for some announcement from redhat.com - it's already covered by IBM
Links 19/02/2025: Organisations Quitting Social Control Media, Windows TCO Illustrated Some More
Links for the day
The Free Software Foundation is More Financially Independent From Large Corporations Right Now
Money that comes with strings attached to it is always problematic
The Free Software Foundation's Position on IBM Taking Red Hat Enterprise Linux 'Private' is Articulated Almost 2 Years Late
The Free Software Foundation finally spoke out about this issue
Techrights Publication Topics
One thing we'd like to do more of is Software Freedom advocacy
Springtime Layoffs at IBM (2025) and Statement From IBM European Works Council
It's about cost-cutting, even if such cuts doom the company
Microsoft Paying People Who Harass and SLAPP Techrights, Demanding Censorship
At this point the money trail leads directly to Microsoft
It's Not Even Hidden Anymore: Microsoft is Passing Bribes for Media to Publish Puff Pieces About Itself
GeekWire is paid by Microsoft to publish many puff pieces (even outright lies) about Microsoft
Dr. Andy Farnell on a Death to Efficiency and Cash
Cash is not the same as "digital cash", which isn't even remotely the same
Links 19/02/2025: Political Roundup and Halifax Wants to Dump Twitter ("X")
Links for the day
Gemini Links 18/02/2025: Beginning Meditation, Poison as Praxis, and Blogging
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 18, 2025
IRC logs for Tuesday, February 18, 2025