Bonum Certa Men Certa

CCIA is Highlighting Deliberate Lies in STRONGER Patents Act Advocacy

Coons bribed



Summary: Misinformation and even outright disinformation is being spread by Senators Tillis and Coons, whose facilitation of law-buying has gone too far to ignore without fact-checking

THE EFFORT to undermine patent reform in the US has gotten pretty ridiculous. As expected, litigation firms try to water down if not eliminate 35 U.S.C. €§ 101/Alice (SCOTUS) and they're not succeeding. They're even lying about all sorts of things in a desperate effort to mislead politicians. They make up or 'massage' statistics. We covered this before.

"Coons keeps lying about a whole bunch of stuff while taking bribes exceeding a million dollars from law firms."Josh Landau (CCIA) keeps responding to their recurring themes of lies. He's a credible author on the subject of patents -- and software patents in particular -- unlike his predecessor Matt Levy whose wife worked for the USPTO and who sometimes even wrote for Watchtroll. Landau's latest article (from earlier today) speaks of embargo tactics albeit in lawyers' euphemisms (to them it's just soft-sounding stuff like "injunctions"). He explains that it has "become an article of faith among those complaining that patent reform has gone too far that the 2006 eBay case must be overturned—so much so that Sen. Coons has included it in both editions of his STRONGER Patents Act (one of a multitude of reasons that bill is bad policy.)"

Coons keeps lying about a whole bunch of stuff while taking bribes exceeding a million dollars from law firms. Here's how Landau responded to it:

Using Lex Machina’s data, I examined pre- and post-eBay permanent injunction grant rates. And what that revealed is that the complaint about injunction rates is baseless.

In order to avoid distortion from non-contested cases, injunctions issued as part of a default or consent judgment are removed. Looking only at cases resolved in favor of the plaintiff based on judgment on the pleadings, summary judgment, a trial verdict, or a post-trial JMOL motion, permanent injunction requests were granted in 89.1% of pre-eBay cases.

Examining the same class of post-eBay cases, permanent injunction requests were granted in 85.2% of plaintiff merits wins.

In other words, plaintiffs who win their case post-eBay are almost as likely to receive a permanent injunction as they would have been pre-eBay.

But if nothing had changed, eBay wouldn’t have been viewed as an important case. There’s a simple explanation for why it is.


Many embargo powers are exploited through the ITC, which assesses in a hurry patents granted by the U.S. Patent and Trademark Office (USPTO) in order to just generate a revenue stream for the Office. This is sometimes exploited by patent trolls, either by means of threat or actual action. And that's a problem. "21 of the 27 patent suits filed today were filed by patent trolls," said this account that tracks them, "according to RPX Corp. That's 78%."

Not so unusual a number, either. Patent trolls ruined the patent system's integrity. Parasites is what they are. Purely in it for shakedown, not to create anything. And the only thing that the STRONGER Patents Act promises to make STRONGER is patent trolls (and their legal representatives).

Recent Techrights' Posts

Nat Friedman Had Left Microsoft GitHub Exactly One Week Before Matthew Garrett Sent His First SLAPP (Which Was an Empty Threat, He Was Abusing the Legal System of Another Continent to Terrorise Critics Who Had Just Unearthed Major Microsoft Scandals)
And it was likely talked about by his lawyers around the exact same time Nat Friedman was packing up
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 05, 2025
IRC logs for Thursday, June 05, 2025
Pushing Microsoft's Proprietary Trash/Trap as "Open" and "Linux" (Windows is 'Linux' Now?)
Maybe it's time to just stop saying "FOSS". The people who use that term are promoting Microsoft.
Slopwatch: Comparing Linux to Vermin, Attacking BSD With LLM Slop, and Helping Microsoft Demonise Linux/OpenBSD/SSH Over Weak User Passwords
Microsoft must be laughing its arse off, seeing how a bunch of Serial Sloppers (no skills, no comprehension, no integrity, no creativity) and slopfarms use Microsoft LLM to flood the Web with anti-Linux FUD
Links 05/06/2025: US Poised for Another $2.4 Trillion to Debt, Cops Want GAFAM Kill Switches
Links for the day
Links 05/06/2025: First US Spacewalk 60 Years Ago, GNU Octave 10.2.0 is Out
Links for the day
Scandinavia Saying Goodbye to Microsoft
The Danes have had enough of Microsoft
GNU/Linux Measured at 6% in Bangladesh, According to statCounter
Windows isn't growing, it's going away
Gemini Links 05/06/2025: Loop Earplugs Review and ANS Forth
Links for the day
Armenian Adoption of GNU/Linux
Russian influence in Armenian must be worrying to Microsoft
Abuse Inside the Polish Patent Office (UPRP) - Part II: Turning a Once-Respected Patent Office Into a Circus and Laughing Stock
It's not legal, but administrators who don't care about the law and don't fear the law would just go ahead and turn things to junk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 04, 2025
IRC logs for Wednesday, June 04, 2025
Slopwatch: Mindless Slop Pieces, Fake Images and Text, Linux FUD on the Cheap
spewed out by Microsoft-controlled LLMs
Links 04/06/2025: Workers' Strikes, Sudan Exodus
Links for the day
Links 04/06/2025: Linux Foundation PR Spam and Lee Jae-myung Wins Election
Links for the day
Gemini Links 04/06/2025: Future Leaders of the World and Platforming Jordan Peterson
Links for the day
Links 04/06/2025: WSL Backfiring on Microsoft and "Disney, Microsoft Announce Massive Layoffs"
Links for the day
Our Case is a Very Easy Win, the SLAPPs From Microsofters Were a Grave Error, and Censoring Information Won't Work (It'll Only Ever Backfire)
Censoring is what people do when they lose the argument
Say the Truth, the Rest Will Follow
There's no guarantee that writing the truth will result in an audience (or readership), but over time - in the long run - people generally gravitate towards what they know or feel to be crude truth, not just what's comforting (albeit false or self-deluding, usually groupthink dictated from above)
How to Expose High-Level Corruption Without Getting in (Too Much) Trouble
Democracy depends on free press and freedom of the press depends on being able to safely publish (and keep available) material that bad people don't want to be known to anybody
In-Depth EPO Coverage at Techrights Turns Eleven
11 years is a very long time
Windows Measured Below 10% in Afghanistan, GNU/Linux Gaining a Lot
about 80% are Android (Linux) users, compared to only about 10% for Windows
Poland's Political Predicament and Social Control Media
Democracy and fake "tech" don't mix well; the latter tends to interfere with the former and that's why we get more "Putins" out there
EPO: Taking Away From the Staff to Give More to the Rich
The Central Staff Committee (CSC) wrote to EPO staff earlier this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 03, 2025
IRC logs for Tuesday, June 03, 2025
Abuse Inside the Polish Patent Office (UPRP) - Part I: It's a Lot Like the EPO
we can commence a series soon
Gemini Links 04/06/2025: Inescapable Questions and Quitting All "Oligarch Tech"
Links for the day