Bonum Certa Men Certa

Nobody Should be Immune From Patent Law or the Rule of Law in General

Old cartoon about António Campinos and his son, who attempted to 'borrow' his father's immunity

Son of Campinos



Summary: The US Supreme Court (SCOTUS) has been asked to determine whether the US government is a person and is therefore accountable for breaches of patent law; it seems like a rather trivial question to be dealing with if everyone in society is equal before the court

EARLIER this week the CCIA's head of patents (Patent Progress) wrote: "New patent SCOTUS cert grant in Return Mail (is the gov a person for purposes of IPR.)"



It's about AIA and Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), which are generally supported the vast majority of the time by the Federal Circuit (sometimes it's remanding/vacating, rarely overturning/reversing).

"We’re against the concept of immunity for anyone, having written a lot about EPO corruption, showing how immunity was misused to perpetuate crimes without anyone being held accountable."Remember that "corporations are people" and bribes are "free speech" to SCOTUS. But SCOTUS does not, however, tolerate USPTO-granted software patents and it definitely supports IPRs as Constitutional. Guess what comes next... "Is the Government a Person?"

That's how Dennis Crouch put it. I have actually received legal threats -- both online and at my doorstep -- from lawyers who lie shamelessly, painting massive corporations as "native American tribes" for tax and patent purposes. They guard scammers and criminals, then they threaten critics (who dare point out that they grossly abuse sovereign immunity).

Anyway, this is how Crouch put it:

The outcome here is an open question: The AIA doe not define the term; nor has the PTO through rulemaking; nor is there any real legislative history on point. The petition cites to the 2000 Supreme Court decision of Vt. Agency of Nat. Res. v. US ex rel. Stevens, 528 U.S. 765, for the proposition that “person” does not ordinarily include the “sovereign.”

In considering the issue, the Federal Circuit first noted that “Return Mail has waived reliance on the term “person” because it failed to make any arguments in that regard in its opening brief.” The court then went on to explain that – if the issue is somehow “not waivable” then the correct interpretation of “person” in this context would include the Government — noting that there is “no hard and fast rule of exclusion, and much depends on the context, the subject matter, legislative history, and executive interpretation.” Wilson v. Omaha Indian Tribe, 442 U.S. 653, 667 (1979). In general though the Federal Circuit’s statutory construction analysis in this case is quite lacking.


It troubles us to see that it's actually an open question. We're against the concept of immunity for anyone, having written a lot about EPO corruption, showing how immunity was misused to perpetuate crimes without anyone being held accountable. The US uses terms like "sovereign" in relation to tribes and also defends universities, not just government branches. Nobody should be above the law. Nobody. As for corporations and governments, their make-up is mostly people and these people can be held accountable both individually and collectively. Nobody and nothing should be above the law. EPO perpetrators are a good reminder of it.

Meanwhile, according to this new press release [1, 2], the Western District of Pennsylvania made the following decision, spun by one of the sides in the dispute as "United States District Court Confirms Construction of Blast Motion Patent" (we're no strangers to it because we noted an embargo attempt). To quote:

On October 24, 2018, the Western District of Pennsylvania issued a favorable claim construction to Blast Motion, Inc. (“Blast Motion”) in the ongoing five-patent lawsuit between Blast Motion and Diamond Kinetics, Inc. (“Diamond Kinetics”). Diamond Kinetics challenged, and lost, the key term it had selected for construction.

[...]

Diamond Kinetics attempted to narrow the scope of the claim language of the ’527 patent by proposing a construction that would have limited the patented invention to a “simultaneous” broadcast such as television broadcasting. The Court soundly rejected Diamond Kinetics’ proposed limiting construction and interpreted “broadcasting,” as used in the ’527 patent, to mean “transmitting information capable of being received by multiple display devices.” As a result, the Court’s order confirms the strength of Blast Motion’s infringement allegations against Diamond Kinetics.


If the case is properly followed, as per the rule of law, and if Diamond Kinetics is indeed found to have violated a patent (or even 5), then so be it. We're not against patents. We're actually against those who try to disregard the rule of law or subvert the law for purely financial agenda.

Recent Techrights' Posts

Biggest "AI Companies" (Meta, Alphabet, Microsoft) Borrowed (Additional Debt) About $100,000,000,000 in a Year
Who will be held accountable for all this?
In 2009 Microsoft Was Valued at ~150 Billion Dollars, Now They Tell Us Microsoft Lost ~1,000 Billion Dollars in Value. Does That Make Sense?
Or Microsoft lost 700 billion dollars in "value" in less than two weeks
Microsoft Stock Crashed When Alleged Vista 11 Numbers Disclosed
And last summer Microsoft indicated that it had lost 400 million Windows users
It's Not About Speed, It's About the Message (or Its Depth)
Better to write news than to just link to news if there's commentary that the news may merit
Mobbing at the European Patent Office (EPO) - Part IV - EPO Can Get Away With Murders, Suicide Clusters, and Systematic and Prolonged Bullying by 'Team Campinos' ("Alicante Mafia" as Insiders Call It)
Nobody in the Council or the EU/EC/EP gives a damn as long as laws are broken to fabricate 'growth'
Jeff Bezos Isn't Just Killing the Washington Post, He's Killing Thousands of News Sites/Newsrooms (in Dozens of Languages) That Rely on It for Many Decades Already
Not just slopfarms; even the Ukraine-based reporters are culled by Bezos, who's looking to please the dictators of the world
Central Staff Committee Confronted António Campinos for Giving His Cocaine-Addicted Friend Over 100,000 Euros to Do Nothing, Just Pretend to be Ill, While Cutting the Salaries of Everybody Else
"On the agenda: Amicale framework & Financial assistance for courses"
 
Silent Mass Layoffs: It's Not the Revolution, It's the Loophole and the Hack ("Low Performers" or "Underperformers")
Layoffs by another approach
Mark Shuttleworth (MS) Pays Salaries to Microsoft (MS) Employees
Canonical selling Microsoft
Links 07/02/2026: Windows TCO Rising, Lousy Patents Invalided
Links for the day
Microsoft Leadership: Stop Taxing Us, Tax Only Poor People
Does Microsoft create jobs?
In Case You've Missed It (ICYMI), Google's Debt More Than Doubled in a Year
Wait till it "monetises" billions of GMail users with slop
PIPs and Silent Layoffs at IBM (and Red Hat) Still Going on, It's "Forever Layoffs" (to Skirt the WARN Act)
American workers out
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 06, 2026
IRC logs for Friday, February 06, 2026
Stressful Times for Team Campinos ("Alicante Mafia") at Europe's Second-Largest Institution
Keep pushing
Growing Discrimination in the European Patent Office (EPO)
it's a race to the bottom, basically
Converting FOSDEM Talk on Software Patents in Europe Into Formats That Work for "FOS" and Don't Have Software Patent Traps
transcoded version of the video
Google News Drowning in (or Actively Promoting) Slopfarms Again
LLM slop is a nuisance
Gemini Links 07/02/2026: "Choosing a License for Literary Work" and "Social Media Is Not Social Networking (Anymore)"
Links for the day
Gemini Links 06/02/2026: Git and Email Patches; MNT Pocket Reform
Links for the day
Geminispace Net Growth in 2026 About a Capsule a Day
A pace like this means net gain of ~300 per year, i.e. about the same as last year
Benjamin Henrion Warned About the Illegal and Unconstitutional Unified Patent Court (UPC) in FOSDEM 2026
Listen to Benjamin Henrion
Economies Crashing Not Because of Slop Improving 'Efficiency' (That's a False Excuse) and 'Expensive' (Read: Qualified) Workers Discarded in Race to the Bottom
Actual cocaine addicts are pushing out moral people
IBM's CEO Speaks of Layoffs, Resorts to Mythical (False) Excuses
This has nothing to do with slop
Links 06/02/2026: Voter Intimidation and Press Shutdowns in US, Web Traffic Warped by LLM Sludge
Links for the day
Does Linux Torvalds Regret Having Dinners With Bill 'Russian Girls' Gates?
See, the rules that govern the Linux Foundation and its big sponsors aren't the same rules that apply to all of us
IBM: Cheapening Code, Cheapening Staff, Cheapening Everything
IBM's management runs IBM like it's a local branch of McDonald's. IBM is a junk company with morbid innards.
GNU/Linux Measured at 6% in One of the World's Largest Nations
Democratic Republic Of The Congo
Linux Foundation Operative Says We and Our Software All "Owe an Enormous Debt of Gratitude" to a Software Patents Reinforcer
The only true solution is to entirely get rid of all software patents
How to Win Lawsuits in 5 Simple Steps
Keep issuing threats every week and send 60 kilograms of legal papers to the target
More Than 99% of "AI" Companies Aren't AI, They're Pure BS
We need to discard those stupid debates about "AI" and reject media that gets paid to participate in such overt narrative control (manipulation like The Register MS)
AI Used to Save Lives, Now "AI" is a Grifting Scheme That Burns the Planet and Will Crash the Economy
What the media calls "AI" (it gets paid to call it that) is the same stuff that could instead be dubbed "algorithms"
Living in Freedom When 'False Flag Operations' Like EFF Get Captured by Billionaires to Take Freedom Away
There are many ways to think of Software Freedom
Amutable is a Microsoft Siege Against Freedom in GNU/Linux, Just Like the People Who Brought You 'Secure Boot' Controlled by Microsoft
Do whatever is possible to avoid Amutable and its "products"
Growing Focus on Publication
Over the past ~10 days we always served more than a million Web hits per day
"Going to be a large number of Microsoft layoffs announced soon"
Everybody knows a giant wave of layoffs is coming Microsoft's way
End of the 'GPU Bubble' and NVIDIA Finally Admits It Won't Bail Out Microsoft OpenAI Anymore
circular financing (financial/accounting fraud)
Corrupt Media Won't Hold Accountable Rich People for Role in Pedophilia
Journalistic misconduct or malpractice is a real thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 05, 2026
IRC logs for Thursday, February 05, 2026
EPO Management ("Alicante Mafia") Not Properly Sharing Information on Scale of Strikes by EPO Staff
disproportionate (double) deductions in salaries against people who participate in strikes, which are protected by law
Gemini Links 06/02/2026: Slop/Microslop, Home Assistant, and Valid Ex Commands
Links for the day
Blackmail evidence: Debian social engineering exposed in ClueCon 2024 talk on politics
Reprinted with permission from Daniel Pocock
Bitcoin crash: opportunity or the end game?
Reprinted with permission from Daniel Pocock
Changes at the Solicitors Regulation Authority (SRA)
SRA is basically a waste of money
Claims That IBM Will Lay Off 20% (or 15%) of Its Workforce This Year Unless It Finds a Way to Push Them All Out by Threats, Shame, Guilt
Where are the articles about IBM layoffs?
IBM Isn't a Serious Company Anymore, It's a Ponzi Scheme Operated by a Clique and It Misuses Companies It Acquires to Prop Up or Legitimise the Scheme
IBM seems like it's nothing but a "Scheme"
Google News Drowning in Slop About "Linux" (Slopfarms Galore)
Google should know better than to link to any of these slopfarms, but today's Google is itself a pusher of slop
Links 05/02/2026: EU Commission Gutting Net Neutrality
Links for the day
Gemini Links 05/02/2026: NixOS Books and Monochrome Emojis
Links for the day
Links 05/02/2026: Canadian Government Uses US LLMs to Override Expert Opinions, NVIDIA Troubles Due to Enablement of Mass Plagiarism ('Piracy') Misleadingly Obscured as "Hey Hi"
Links for the day
Explaining the Letter From JUDGE SYKES FRIXOU, Threatening Me Around the Time GNOME's Nat Friedman Lost His CEO Job at Microsoft GitHub and His Best Friend Got Arrested for Strangulation
this letter (with annotation) is critical
Linuxiac Not Rehabilitated, It's Still Full of LLM Slop (Part of a Trend)
The Web as a resource/source of information is perishing
"Sponsored by Azul" to Write Fake 'Article' About Azul, Quoting Azul Itself
The "journalism" industry [sic] became so utterly corrupt
JuristGate is for sale: three billion Swiss francs for a domain name
Reprinted with permission from Daniel Pocock
Like Microsoft and IBM, the 'Alicante Mafia'-Governed EPO Does PIPs Nowadays (at the EPO, It's "Professional Incompetence Procedure")
So "PIPs" are definitely in the EPO and we saw letters sent to staff
Time for Change, More New Articles, Less Curation
The oligarchy wants to gut the real press and replace media with slop and social control media (or social control media with slop in it, i.e. their own voices, mechanised)
Gemini Links 05/02/2026: Coercion, Antibiotics, and LVDT Project
Links for the day
Almost 1,600 EPO Employees Went on Strike Last Week
There is another strike coming 2.5 weeks from now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 04, 2026
IRC logs for Wednesday, February 04, 2026