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

Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
 
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026
Don the Con Meets the Conman From IBM, Shares of IBM Continue Sliding Some More
The "Quantum" hype did not last long [...] PIPs are the new layoffs
Retaliatory Whistleblowing Expected at Microsoft During or After the Mass Layoffs
Retaliatory behaviour by Microsoft will backfire
Gemini Links 24/06/2026: Heatwave, Steam Next Fest, and Year of Buying Guitar Pedals
Links for the day
Links 24/06/2026: China Tops "TOP500", Impact of Microsoft’s Massive Layoffs Extends Further, Internet Society's Community Snapshot
Links for the day
While Thousands at IBM Lose Their Jobs ("Silent Layoffs") IBM's CEO Goes Begging the Dictator for Bailouts, Based on Deliberate Lies About "Quantum"
Many who claim to be retiring are only in their 40s and 50s. They're too proud to publicly admit what IBM did to them.
European Patent Office (EPO) Series: London Calling...
EPO Vice-President in charge of the "Patent Granting Process" is likely to have been a pay-off for the support which the UK gave to Campinos in 2017
Faking Productivity With Slop and Wasting Money on Faking 'Productivity': A Microsoft Story
If the quality of everything at Microsoft goes down
IBM Sends Workers 'Packing', Sometimes With the "Low Performer" Label That Imperils Their Future
To many people out there, IBM correlates with deceit
Links 24/06/2026: Four-Day Workweeks, GM Cut 1,000 Workers at Its EV Plant, 21,000+ Oracle Layoffs
Links for the day
A Step in the Right Direction (EU) in the Fight Against LLM Slop From GAFAM (US)
We've already mentioned this in Daily Links, but let's discuss this a little further
SLAPP Censorship - Part 117 Out of 200: Libel Tourism or Defamation Forum-Shopping in the United Kingdom Condemned by the European Union (EU)
Last week we reminded readers that the EU had criticised UK defamation law
Demonstration Next Week at the European Patent Office (EPO), Administrative Council Seen as Complicit
Corruption in Europe hurts all of us
IBM is Now Hinged on False Accounting and False Promises
This is the legacy of the current CEO
"PARTNER CONTENT" or 'Content Farms' That Promote Slop and Misinformation (The Register MS)
The Register MS represents a big part of the problem we all face
Wikipedia - Like Some Free Software Projects Infiltrated and Bribed - Bans Its Own Founder
Over the years we've named (not shamed) some projects and organisations that got corrupted by money and ended up banning their own founders
Turn Off the Slop, It's Wasting Energy and Destroying the Planet (the Only Planet We Have)
Right now we see lots of headlines about energy shortages and drained-up reserves
Lessons From Almost 30 Years of Site-Building Activities
We still strive to become faster and lighter
Do Not Outsource (the Seductive Mirage)
Abandoning so-called 'conventional wisdom'
Media Complicit in IBM Fraud Meant to Prop Up the Share Price Based on Lies, Fabrications
Even IBM insiders are fuming at this
The “Aktion T4” at the European Patent Office (EPO) Saves Money for the President's Own Purse
Call for parents of children with special needs
In Some Countries, Windows Has Lost Its Monopoly
Windows fell to an all-time low globally this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 23, 2026
IRC logs for Tuesday, June 23, 2026
Gemini Links 24/06/2026: Motivation, PostScript Printer, and Why Hyperscalers and the Smolnet are Compatible
Links for the day