Bonum Certa Men Certa

Challenging David Kappos, Seeking Accountability Over His Corporate Legacy as IBM/Microsoft 'Mole' Inside the U.S. Patent and Trademark Office

August (background): U.S. Patent and Trademark Office Has a Deep Revolving Doors Crisis (Former Officials Cashing in as Lobbyists and Private Sector Actors)

Kronborg Castle and fortress
Castles and fortresses of lawyers won't turn in their own



Summary: David Kappos is still active, he's still lobbying for software patents (IBM and Microsoft pay him to do this), so we're reporting him for conflict of interest (DC Bar, California Bar, and the New York State Bar Association)

THE other day we wrote about a bar complaint against Kappos, filed by a GNU/Linux user who was appalled by the Office requiring Microsoft formats, operating systems and so on. What made this more severe is the close ties -- ongoing ties -- between IBM and Kappos, who was at one point the head of the U.S. Patent and Trademark Office (USPTO) along with someone from Microsoft. Nowadays Kappos is a lobbyist of both IBM and Microsoft, lobbying in favour of software patents for the most part (even exploiting the pandemic to push that nefarious agenda, as if patents on software will miraculously make a virus go away).



"Nowadays Kappos is a lobbyist of both IBM and Microsoft, lobbying in favour of software patents for the most part (even exploiting the pandemic to push that nefarious agenda, as if patents on software will miraculously make a virus go away)."Earlier this week we received an update about this bar complaint against Kappos. The interesting part seems to be the persistent insistence that proprietary systems should be used. As our reader explained: "I'm trying to file electronically with the DC Bar, and the complaint form has 5 sections, and it won't allow me to advance past the 3rd section: Complaint Information. Most likely, the website doesn't work, because they don't want to receive any complaints. Or, maybe it knows I'm using Linux. So, I can print out a form and file through the post."

"New York actually has a rule [PDF] about "prolong[ing] the proceeding or...caus[ing] needless expense." Which is exactly what Kappos did. RULE 3.2. Delay of Litigation - In representing a client [he was representing IBM while at the USPTO, and Microsoft, too], a lawyer shall not use means that have no substantial purpose other than to delay or prolong the proceeding or to cause needless expense."

"New York has an on-line form you can complete and scan and then submit by e-mail, but they also require a paper submission." [PDF]

"Last week, as we've mentioned here before, a complaint was successfully filed in California (after the rules had been studied).""Given that the US system is so decrepit, and still relies on paper and post, it might be interesting to see how the lawyers deal with Kappos, and his "anti-paper, anti-post" dictatorship at the USPTO. Of course, lawyers protect themselves, so I don't really expect them to do anything."

Last week, as we've mentioned here before, a complaint was successfully filed in California (after the rules had been studied). But they managed to find a convenient formality by which to toss it out. Ignoring all substance.

"It didn't take California long to come up with a reason to protect Kappos," our reader said. "They used the statute of limitation excuse, saying they can't investigate things that are more than five years old. They were so fast because they would only have to read the first page of my complaint to see that Kappos's confirmation hearing was in 2009, and they probably stopped reading there."

"We'll try to document all those endeavours.""Maybe I'll try to argue with them. When I file complaints with New York and Washington, DC, I'll make some changes to try to eliminate the statute of limitation issue. Won't work, but why stop now."

These complaints help make a point and, shall they not be successful among the "protectors", in the public arena they can help sway opinion. We'll try to document all those endeavours.

Of course here in Europe we have an issue with EPO immunity; the US doesn't work the same way and Directors -- both past and present -- get sued all the time, including Michelle Lee quite recently.

Recent Techrights' Posts

"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025