Bonum Certa Men Certa

Paul Janicke, Paul Morinville and Gene Quinn Romanticise a World of Patent Trolls and Frivolous Litigation

Because they profit from that (patent fights, wherein they're the hired participants)

Grrrrrrrr



Summary: The reform/reorg of the US patent system (restricting the scope of patents and litigation) is being constantly blasted not by people who practice technology but by those who practice law (i.e. lawsuits, threatening letters and so on)

Professor Paul M. Janicke, who comes from University of Houston Law Center (i.e. Texas, as the apple doesn't fall far from the tree), has just published this long guest post in a blog of patent maximalists. "I have now been a registered patent attorney for 50 years," he discloses, and "I feel it is time to consider some major surgery on the patent statute..."



OK then, we're all ears. Is the USPTO in need of improving patent quality at long last? No, of course not! The patent maximalists with their lunacy (greed rather) would have us believe that the system is too tough and strict. Or that it needs to be loosened and made more lenient...

"The patent maximalists with their lunacy (greed rather) would have us believe that the system is too tough and strict. Or that it needs to be loosened and made more lenient..."In Janicke's own words: "You usually have to fight [sic] off multiple IPRs in the Patent & Trademark Office, during which time any infringement suits you have filed are likely stayed. If your client’s patents survive [sic] the PTO proceedings, you then have to battle [sic] against the much wider field of prior art established by the America Invents Act. For example, foreign patents used to be effective as prior art as of their grant or publication dates; now they are secret prior art as of their foreign filing dates. Time bars of public use and on sale, formerly limited to U.S. activities, are now expanded to world-wide events. And some kinds of prior art were removable by showing an earlier invention date, but that option is now gone. Meanwhile the remedies section, €§271, has not changed in any meaningful way. No wonder patent infringement suits filings have dropped 30% as of June 30 of this year, compared to two years earlier."

So what? Who suffers from that? Patent law firms, obviously. Like those that paid perhaps million dollars in salaries to Janicke over the years (decades). We've put "sic" in the above in order to highlight Janicke's gross inversion of narratives, wherein the aggressor (plaintiff) is somehow under "attack", merely "fighting" a "battle" to "survive". Guess who started the fight. These people often equate patent judges with "death squads" like they're the "gestapo" or the "SS". It's an abhorrent distortion of reality, but that's just how extreme these people have become. They don't seem to care about justice, about due process, about the facts etc. If prior art exists somewhere to invalidate or refute claims of novelty, how is that a bad thing? We should welcome facts, we should strive for justice. With patents, as with anything else, the burden of proof should be wholly on the accuser.

"We've put "sic" above on order to highlight Janicke's gross inversion of narratives, wherein the aggressor (plaintiff) is somehow under "attack", merely "fighting" a "battle" to "survive".""A Decade Of US Patent Reform Must Be Undone," says Watchtroll's (Paul Morinville and Gene Quinn) latest headline. That's how they started this week or weekend because it's Labor Day in the US. Guess what they profit from... what a bunch of bullies. We don't even wish to bother refuting this nonsense because we've done it many times before. Watchtroll is like a broken telephone, constantly complaining about SCOTUS, the Federal Circuit, the Patent Trial and Appeal Board (PTAB) and inter partes reviews (IPRs), not to mention 35 U.S.C. €§ 101 which voids a lot of software patents at the U.S. Patent and Trademark Office (USPTO) and outside it.

Steve Brachmann, a hired writer of Quinn (neither of them can be considered a practicing technologist), constantly blasts politicians who side with technology companies. "Tang and Van Slyke Inducted into National Inventors Hall of Fame for Development of OLED Display Technology," says Brachmann in yesterday's headline. Coming from a site that keeps bashing science and attacking technology companies (Watchtroll does this every week; here's a recent example), that's just rather amusing to say the least.

Recent Techrights' Posts

The US Government is Now in the Business (Literally!) of Saving Microsoft and Intel
This means that President TACO/Cheeto now has greater financial incentive to also prop up Microsoft and Windows
Over at Tux Machines...
GNU/Linux news for the past day
 
Richard Stallman's Talk in Buenos Aires Scheduled for 16 November 2025 (a Month After FSF Turns 40)
they've just updated their site and Stallman is listed first
Nobody is "Replaced by AI", It's Just a Smokescreen for Jobs Being Eliminated by Lack of Money (Too Much Debt) and Offshoring
It's also why many make the jokes about the "I" in "AI" being "India" or "Indians"
Men Who Abuse Women Should Never Spend Over 3 Years of the UK High Court's Time
This demonstrates that we need a reform in the UK
Slopwatch: Linux Journal, WebProNews, LinuxSecurity, and the Serial Slopper
The bubble needs to burst, but even then the Web will be left with residues of these slopfarms
Links 23/08/2025: Science, War, and Important Win for the British Media Against SLAPPers Who Abuse Women
Links for the day
Gemini Links 23/08/2025: BaseLibre Numerical System and Back to Oldschool
Links for the day
"Deserved Victory" for "Women That Suffered"
"GNM defended its reporting as being both true and in the public interest and in a judgment on Friday"
Links 23/08/2025: onmicrosoft.com as Spam Cannon, The Cheeto-Intel Deal Is Official
Links for the day
Wired Complained About LLM Slop Only Days Before It Got Caught Doing That Itself
Never throw stones in a glass house
IBM "Value" Down 14.16% in a Month, Red Hat Layoffs Allegedly Discussed 12 Days Ago
"IBM is a dinosaur. Dinosaurs get extinct when the don't keep up."
We're Seeing More Countries Where Windows Isn't Even in Second Place Anymore (Third or Worse)
In a way, Microsoft can barely even hold onto second place anymore
Microsoft Workers on Canonical's Payroll
If you want something that's sort of like Ubuntu but is not controlled by Canonical, then look into Linux Mint, Debian, or LMDE
GNU/Linux Climbs to 4% in Sierra Leone
Sierra Leone isn't a very rich country (to say the least), but it's better off than some of its neighbours
The SLAPPS Run Out of Oxygen Because They're Abuse of Process
At the end of the day we plan to publish over 1,000 articles explaining what happened
The Register MS Gets Paid by the Employer of the Previous Editor in Chief to Promote the "AI" Ponzi Scheme, Which Does Considerable Damage to the Web and to Online Journalists
The Register MS can 'badmouth' slop all it wants; it gets paid to inflate this bubble. It's actively participating in it.
Soon It'll be Autumn, Time to Repair Things
Where they don't charge an arm and a leg
Doing Our Best to Cover Software Patents When the Mainstream Media Does Not
Even the FSF has its limits
Gemini Links 23/08/2025: August Questions and Network Solutions
Links for the day
IRC Proceedings: Friday, August 22, 2025
IRC logs for Friday, August 22, 2025
Microsoft Has Issues in Guyana
It's not just Guyana
About 25% of the "Linux" News/Results in Google News Today Are LLM Slop, Almost 20% From the Same Rogue Operators of Slopfarms
Google, which tries to market itself as an LLM giant, apparently fails to understand what's wrong with it
Harassing People on Holiday
There are "no-go areas"; but that assumes all laws firms have ethical standards
The Great, Undeniable Value of Paper Trail, Not Purely Digital Systems
Suppose you have nothing but bits on someone else's computer and "word of mouth"...
The Company Behind Ars Technica, Reddit and Wired Caught Publishing LLM Slop (It Also Admits It Now)
Condé Nast busted
Links 22/08/2025: Lagrange 1.18.8, Wired Magazine and Business Insider Caught Resorting to LLM Slop
Links for the day
This Saturday It's Gonna be 3.5 Years* Since Russia Invaded Ukraine. No Microsoft Protests Against Microsoft Having Provided Russia With Services.
Companies do not have consistent policies and enforcement of "corporate values" is somewhat of an egg salad
Slopwatch: Sites Gone Rogue, Google Promoting Lies, and DDoS Attacks by Plagiarism Giants
Charlatans and frauds engage in a war against artistic industries, mislabeling plagiarism as "AI"
Links 22/08/2025: Cisco Layoffs, LA Times Says "AI Hype is Fading Fast"
Links for the day
Gemini Links 22/08/2025: K for Kentucky and Caddy Versus LLM Slopbots
Links for the day
The "End Software Patents" Initiative of the FSF Explains "WHY [to] ABOLISH SOFTWARE PATENTS"
We hope to cover patent-related issues more and more as the big anniversary of the FSF approaches
Freenode Sniffing
The grown-ups left the building
The Only Thing Worse Than Misinformation is Misinformation Sold to Everyone as "Intelligence"
Misplaced trust is worse than none at all
The Register MS Now Openly Admits LLM Hype Does Damage, But It's Also Being Paid to Participate in the LLM Hype (With Paid 'Articles' and 'Webcasts' for Paying Advertisers)
The Register MS gets paid to do this
End of the Smartphone Era? No.
Maybe the media should focus on producing accurate, factual news
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 21, 2025
IRC logs for Thursday, August 21, 2025
Enshittification of Airports, Airlines, and Airplanes
If people are willing to tolerate standard declines and enshittification (nowadays sold as "pivot to AI" or "replaced by AI" or "AI layoffs") they will pay for it some other way
Latest Is Not Greatest: The Case of "Foldable" Tech
don't be shamed into abandoning old things just because the "fashion industry" of Apple and Samsung tells you to
Airlines and Their Tricks That Only Work in the 'Digital Age'
People sceptical of the direction technology has taken are not "Luddites"
Open Source Initiative (OSI), Which Became a Propaganda Front of Microsoft and "Hey Hi" (Hype, Misnomer), Wants You to Forget These Scandals
A lot of these issues won't be set aside until there's a resolution
The Culture of Overnight Coding
An industry-wise push-back is needed
Windows Down to New Lows in Guinea Bissau and Many Countries Around It
If Android is accounted for, Windows is down to about 10%
Gemini Links 21/08/2025: Modern Dating, Debian 13, and Apache
Links for the day
Microsoft Has Had About 10 Waves of Mass Layoffs So Far This Year (Not Two as Mainstream Media and Slopfarms Endlessly Claim)
Notice how the MSM (Mainstream Media) never mentions the debt of Microsoft. It is a conscious, deliberate decision.
Links 21/08/2025: Covid Cases on the Rise, "Social Media Trolls", Russia's Attacks Intensify
Links for the day
Gemini Links 21/08/2025: The Attraction of Back Alleys, Initramfs, and BSD ISPs
Links for the day
Links 21/08/2025: Stephanie Shirley Dies and "Groklaw Domain Hijacked?"
Links for the day
Search in 2025 (Age of DDoS Attacks Under the Guise of "AI" "Innovation")
One common concern when things go "live" is that any random bot out there can execute queries, pumping up RAM and CPU usage, as happened when we used MediaWiki and WordPress
Using Slop for Images Does Not Make Your Site Look Advanced or Witty, It Just Makes Your Whole Work Look Like Presumed Plagiarism
Lazy slobs and Serial Sloppers use the guise/excuse of "AI" to plagiarise and spam the Web
Financing of the "Hey Hi" (AI) Bubble by Those Who Profit From Planetary Destruction (Global Warming)
It's about personal gain, too
Richard Stallman Will Speak in Ethereum Cypherpunk Congress
it's good to see that the FSF pays considerable respect to it founder, who is moreover invited to speak at events
(At Least) Second Wave of Mass Layoffs in Microsoft This Month
This is not the first time this month that Microsoft has mass layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 20, 2025
IRC logs for Wednesday, August 20, 2025