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

Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026
Links 13/05/2026: Sudan War Enters Fourth Year and Strait of Hormuz Leaves Safe Passage a Gamble
Links for the day
Gemini Links 13/05/2026: Useless Protests and Foofaraw on Geminispace
Links for the day
Mainstream Media: Microsoft Says No Layoffs. Microsoft: OK, There Are Layoffs.
Where is Waggener Edstrom/Frank Shaw now?
IBM's Kyndryl Down Almost 20% in 5 Days, IBM Down 35% in About 6 Months, Further 'Staff Reductions' at Red Hat (Problems Paying Salaries!)
Will this year's festivities be Krishna's last?
More Mass Layoffs at Microsoft, Only Weeks After the "Buyout" Nonsense (Glorified Severance to Highest-Paid American Staff)
Next up it is LinkedIn
IBM is in a Freefall, When Will IBM's CEO Fall on His Sword?
Since he controls the Board, is anyone in a position to fire him?
At GitLab, "AI" is "All India"
It says "as much as 30%," but they also hire and it's clear what demography is targeted
Verified Accounts of Microsoft Offering 'Retirement' (Layoffs) to People in Their 40s, Over Two Decades Earlier Than Retirement Age
It's not even about performance, it's about age (or "cost" as well as location; they cheapen the labour)
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline