03.14.16
Posted in Europe, Patents, Rumour at 9:49 am by Dr. Roy Schestowitz
Antonio Campinos: potential EPO reformer or more of the same?
Summary: Information about the man who is rumoured to be parachuted in to replace Battistelli and continue some of his less desirable legacy
Later this week the Administrative Council of the EPO (Organisation) will be gathering to speak about the Office, so I took a whole week off work (just so that I can properly cover the outcome). We have been receiving various EPO rumours recently, some easier to substantiate than others. Today we wish to share a particular strand of rumours. It’s about Battistelli’s succession, or rather his replacement (succession implies graceful transition without effective change in policy/direction).
“It’s about Battistelli’s succession, or rather his replacement (succession implies graceful transition without effective change in policy/direction).”We have already published many articles about Christoph Ernst [1, 2, 3, 4] and in particular his stance on software patents (which is of special interest to us). Scroll down to the part about Christoph Ernst in this post about the last Administrative Council meeting to see what he said about Battistelli
The relevant part is this:
To paraphrase Mr. Ernst, the Head of the German delegation (to the best of my knowledge): “The president reports positive developments. I do not
share this view.[...] The president has spoken 40 minutes, of which only 2 minutes on the social situation.”
That was 3 months ago and things have changed a lot, particularly in light of the Board 28 intervention with its leaked letter and leaked conclusions.
“A competent “outsider” with a credible track-record would probably be more acceptable to EPO staff but at the moment no such candidates are visible.”
–AnonymousWe now believe — albeit with great caution — that we know about another candidate for Battistelli’s position (EPO presidency). “To try and sort out the current mess at the EPO,” one person told us, “you would probably need someone of mythical proportions like Hercules. As can be seen from the names which are currently being bandied about, any prospective candidates are likely to come from the “inner circle” of the Administrative Council. The problem here is that the Administrative Council is or at least appears to have been so heavily complicit in the activities of the current “regime” for so long now that all of its members are potentially “tainted”.
“In reality, the Administrative Council is a diverse body and there are undoubtedly some people there who have been critical of Battistelli’s misdeeds and excesses. So it’s probably a little unfair to tar all its members with the same brush. But the point is that EPO staff are likely to be understandably sceptical about any successor to Battistelli who comes from the ranks of the Administrative Council.”
It is worth noting here that even Battistelli himself came from the Administrative Council, where he’s alleged to have been one of the (perhaps) two “alpha-males” who pushed Brimelow out, paving the way to Battistelli’s ‘takeover’ with a secretive contract (Brimelow’s contract wasn’t secret). We wrote about this several times last year.
“During his time as President of the Directive Council of the Portugese National Institute of Industrial Property (INPI), Campinos also sat on the Administrative Council of the EPO.”
–Anonymous“A competent “outsider” with a credible track-record would probably be more acceptable to EPO staff but at the moment no such candidates are visible,” a person told us. “Another name that we [collectively speaking] are starting to hear with increasing frequency as a potential replacement for Battistelli is that of the current President of OHIM: António Campinos. We [collectively speaking] are bit sceptical about Campinos because from what we [collectively speaking] have been able to gather he is another “insider” who also seems to have close connections to Battistelli and other members of the “inner circle”. Some information about Campinos follows.”
Suffice to say, this serves to legitimise claims that Campinos is in the rumour mill (we heard this before), if not a contender too. We kindly ask readers to treat this as coverage of the state of rumours, not necessarily of any concrete discussions, e.g. at the Administrative Council or Board 28. “Campinos is currently being mentioned as a possible replacement for Battistelli,” told us one source, “but so far these are only rumours.”
More background information about Campinos
As noted above, studying the background of potential future presidents is better off done before an appointment/announcement as this can leave room for veto power/opposition. Remember the bizarre, undemocratic, opaque process by which Battistelli inherited (if not stole) Brimelow’s position. We wrote about this before. Here is what a reader told us about Campinos:
António Campinos is the current President of the Office for Harmonization in the Internal Market (Trade Marks and Designs).
OHIM is basically the “European Trademark Office”.
However, in contrast to the EPO, it is not an autonomous international organisation.
It is an EU agency entrusted with managing EU trade mark and design registration systems as well as promoting cooperation and convergence initiatives with national IP offices in the European Union.
For more information see the official website.
Campinos has been President of the OHIM since 2010.
He previously held the roles of IP Commissioner and President of the Directive Council of the National Institute of Industrial Property (INPI) of Portugal and Chairman of the Ad Hoc working group on the Legal Development of the Madrid System for the International Registration of Marks.
From 2005 to 2007, he was head of the Portuguese delegation to OHIM’s Administrative Board, becoming Chairman in 2007, prior to his election as President. Since 2013, Mr Campinos has also served as President of the Administrative Council of the Centre d’Études Internationales de la Propiété Intellectuelle (CEIPI).
SOURCE: https://www.epo.org/learning-events/european-inventor/jury.html
During his time as President of the Directive Council of the Portugese National Institute of Industrial Property (INPI), Campinos also sat on the Administrative Council of the EPO.
There is regular cross-contact between the OHIM and the EPO in the field of IP and Campinos often features in press releases with Battistelli or appears at the same IP events.
For example:
2011 – EPO and OHIM agree closer cooperation
https://www.epo.org/news-issues/news/2011/20110504.html
December 05, 2013 – IP contribution study unveiled in Brussels
https://oami.europa.eu/ohimportal/sl/web/observatory/news?p_p_id=csnews_WAR_csnewsportlet&p_p_lifecycle=0&p_p_state=normal&p_p_mode=view&p_p_col_id=column-1&p_p_col_count=2&journalId=520482&journalRelatedId=manual/
Official Launch of New EU-China Intellectual Property Cooperation
“Building on the solid foundations created by the previous EU-China projects IPR1 and IPR2, the a new action will be implemented over a period of three years by OHIM, the EU´s largest intellectual property agency, in partnership the European Patent Office as partner. On the Chinese side will be the Department of Treaty and Law of the Ministry of Commerce, coordinating the Chinese contribution to the cooperation action, with the participation of more than 15 Chinese IP authorities.”
http://www.ag-ip-news.com/news.aspx?id=31995&lang=en
Training Centre for European patent judges opened in Budapest
https://www.unified-patent-court.org/news/training-centre-european-patent-judges-opened-budapest
There isn’t necessarily anything suspicious about any of this.
It can be seen as part and parcel of routine professional contacts between the Directors of two intergovernmental European IP bodies.
However, it should be noticed that Campinos seems to have quite a cosy relationship with the EPO because he managed to get appointed as a jury member for the European Inventor Award which is one of Battistelli’s favourite annual extravaganzas.
European Inventor Award – Jury members
https://www.epo.org/learning-events/european-inventor/jury.html
It has been discovered that there is an even more interesting connection which involves the Menéndez Pelayo International University (UIMP) in Spain.
A key player here seems to be the former Director of the Spanish Intellectual Property Office and current EPO Vice-President, Alberto Casado Casado Cerviño who as people may recall got a mention in an article published in a Spanish newspaper last year:
http://www.elconfidencial.com/economia/2015-11-26/suicidios-espionaje-nepotismo-la-oficina-europea-de-patentes-es-un-polvorin_1107057/
What is interesting here is that Casado Cerviño, Battistelli and Campinos regularly appear as guest speakers at IP seminars organised by the UIMP.
http://www.uimp.es/agenda-link.html?id_actividad=62I9&anyaca=2015-16
[Editor’s note: we have decided to locally store the PDFs proving it [1, 2], including an English version, as these may become unavailable in the future]
These connections seem to go back to at least 2011 when Casado Cerviño was still Director of the Spanish Intellectual Property Office and a member of the Administrative Council and they have continued after his appointment as EPO Vice-President (see the attached PDFs).
Casado Cerviño was appointed as EPO Vice-President in 2012:
https://www.epo.org/news-issues/news/2012/20120905_de.html
By a curious coincidence, Battistelli was awarded with an honorary doctorate from the UIMP in July 2014:
http://www.uimp.es/institucional/doctorado-honoris-causa.html
Maybe Spanish contacts/readers can provide more information about these connections.
In his role as President of the OHIM, Campinos regularly meets with the Directors of national Intellectual Property Offices.
Some interesting photos can be found on the websites of these national Intellectual Property Offices.
For example:
http://www.dziv.hr/en/news/memorandum-of-understanding-signed-between-ohim-and-the-office-%28sipo%29,55.html
One can guess that Campinos was not amused to see this photo re-appear in an article entitled “Criminal proceedings pending against Topić in six cases” which was published by the Croatian news portal tjedno.hr
in April 2012:
http://www.tjedno.hr/protiv-topia-se-vodi-est-postupaka/
That’s not suggesting that Campinos had any involvement in the alleged irregularities at the SIPO Croatia but we guess that it must have embarrassing for him to have his official photograph with Topic “recycled” in an article reporting about these matters.
An English translation of this article will be published at a later date.
Campinos and Battistelli: more information about EPO & OHIM cooperation
According to a 2010 article from James Nurton (MIP), Campinos won praises from WIPO. “At WIPO,” Nurton noted, “he won plaudits for his ability to encourage parties with different priorities to reach consensus.” Remember that Battistelli nearly became head of WIPO, which is now deep/mired in scandals of its own and may have other EPO connections. “Campinos was interviewed by Managing IP [MIP] in 2008,” Nurton concluded.
A reader added some bits to elaborate on/comment about possible overlaps between Campinos and Battistelli:
In 2013 EPO and OHIM jointly launched a Report on the economic performance of IP-intensive industries in the EU.
The report was subsequently criticised by Annette Kur and Dietmar Harhoff of the Max Planck Institute for Innovation and Competition: “In September 2013, EPO and OHIM jointly launched a Report on the economic performance of IP-intensive industries in the EU. Ever since its publication, the Report has been cited as bearing proof to the economic importance of IP, thereby bolstering claims for further enforcement-enhancing measures and policies. However, the eagerness with which the Report is instrumentalized for political purposes ignores the fact that, as the economists performing the study themselves have emphasized, their findings do not provide evidence regarding the causal relationship between IP and the economic data. Instead of serving a better understanding of the economics of IP, such politically tainted over-interpretations might actually discredit the analytical results and the advances in setting up a comprehensive database of IPR utilization at the firm level.”
See also this article published by IP Watch, “Researchers Say EPO/OHIM Study Is A Tale Without A Message”
A PDF of the EPO/OHIM report bears the signatures of Battistelli and Campinos.
Based on information coming from reliable sources who are close to the action, Campinos seems to be the preferred successor candidate of the Battistelli-Kongstad axis inside the Administrative Council.
It has also been suggested that he may have political support at EU level.
Apparently some people in Brussels are getting worried that the current turbulent situation at the EPO could have an adverse effect on the planned timetable for the introduction of the Unitary Patent. In these circles it seems that Campinos is viewed as someone who could be parachuted in to stabilise the situation at the EPO.
If Battistelli’s position inside the EPO is so weakened that he is forced to depart prematurely, the “game plan” in these circles seems to be to install Campinos as a “safe pair of hands” who can be trusted to manage any fallout arising from the sudden “regime change”.
It also seems that those supporting Campinos on the Administrative Council (i.e the pro-Battistelli faction led by Kongstad) are hoping that he can be relied upon to keep as many skeletons as possible from the Battistelli era safely in their closets.
A copy of the critique by Annette Kur and Dietmar Harhoff has been made local for future reference and long-term preservation. It responds to a report signed both by Battistelli and Campinos.
The notion that Battistelli would need to be thrown aside while maintaining his agenda isn’t totally outlandish. As this one comment put it this morning, EPO policies may be “the very same ones where the TTIP was “negotiated”. [...] pump for the UPC.” Here is the comment in full:
I do not for one moment believe that it was the management of the EPO who decided anything. They are only the obedient “implementers” and certainly not the master strategists.
The “decisions” are more likely to have been made behind closed doors in some smoke-filled rooms in Brussels or elsewhere. Maybe the very same ones where the TTIP was “negotiated”.
Don’t forget: lots of “dodgy patents” increases the probability of litigation and could be seen as a handy way of priming the pump for the UPC.
In this context some senior appointments at the EPO in recent years might be worth a closer investigation.
Such as: http://www.managingip.com/Article/3016676/Moves-Margot-Frhlinger-joins-EPO.html
This relates to what we wrote about last night and responds to a comment quoted therein.
In summary, Antonio Campinos has a history of being on the side of Battistelli, whereas Christoph Ernst has an (at least recent) history of criticising Battistelli. █
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Posted in America, Deception, Microsoft, Patents, Vista 10, Windows at 8:04 am by Dr. Roy Schestowitz
English/Original
Publicado en America, Decepción, Microsoft, Patentes, Vista 10, Windows at 9:43 am por el Dr. Roy Schestowitz
También Disfrazándose De Abierto por contratos gubernamenteales, especialmente donde el gobierno solicita standards y código
Un leopardo puede pintarse algunas machas, pero un leopardo todavía es un leopardo
Sumario: Los últimos estragécios movimientos de Microsoft y como se relacionan con su ¨calentamiento con open source¨ o ¨ama a Linux¨ desfile de PR
Las ganancias de WINDOWS se están encogiendo. Android (Linux) esta agarrándo la parte del leon en el mercado y el precio de Vista 10 cayó hasta casi zero. Esto es porque Microsoft esta ahora usando patentes en un esfuerzo de hacer dinero de Android y otros sistemas operativos basados en GNU/Linux, como el sistema operativo Chrome. Como Simon Phipps lo puso esta mañana [1], ¨Microsoft anunció que exitosamente ha extraido patentes de Wistron de Taiwan por el uso de Android y de Rakuten de Japón por su uso de Linux y Android. Aunque se ha adormecido en su agresión de patentes ultimamente, tiene un largo historial y les genera unas impresionates ganancias. [...] Microsoft quiere que miembros de las comunidades de Android y Linux paguen por licencias de patentes o se enfrentena a destructivos juicios.
“…Microsoft utiliza su openwashing de SQL Server como una táctica de excusa/propaganda, como lo demuestra el último artículo de abajo.”Para Microsoft, sin embargo, extorsión de patentes no es suficiente. La compañía es tan codiciosa que, basado en [2] (un ayayero de Windows quien se queja de su dirección), ahora escaló a un forzado ´upgrade´ a Vista 10 poniéndo más advertisement en el [3], e incluso bloque screens (no cubrimos esto por falta de tiempo por mucho cubrimiento de EPO).
A pesar de ello, todavía están los despidos de Microsoft (escribimos acerca de ellos temprano en la semana) y ahora el gobierno de los Estados Unidos, a pesar del fuerte cabildeo de Microsoft, se inclina hacia FOSS [4] (hay un montón de cubrimiento de prensa acerca de esto ahora mismo e.g [5-11], Microsoft usa su openwashing (pretensión de abierto) de su servidor SQL como táctica de excusa/propaganda, evidenciado en el último artículo de abajo [12]. █
Elementos/Relacionados contextuales en las noticias:
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Pero mientras esto ha estado sucediendo, tu no has estado enterandote de la otra parte de Microsoft. Simúltaneamente con Eclipse y SQL anuncios, Microsoft también anunció que exitosamente extrajo licencias de patentes de Wistron de Taiwan por el uso de Androiid y de Rakuten de Japón por el uso de Linux y Android. Aunque ha habido una completo adormecimento en agresión de patentes últimamente, esto tiene una larga historia y les genera un montón de dinero.
Si, eso es correcto: Con una cara, Microsoft quiere que lo perdonemos y olvidemos los comentarios de ¨cancer¨, sus sucios trucos, y sus arreglos de estándares. Incluso cuando el cadaver de SCO estuvo todavía tibio siguiendo la Redmon-financiada guerra contra Linux, Microsoft quiere que no miremos más de una década de hostilidad y lo aceptemos como un miembro con derechos completos ya que se muestra con código, dinero y adulaciones. Pero con la otra cara, Microsoft continua forzando a miembros de las comunidades de Android y Linux a pagar dinero a montones por ¨licencias¨ de patentes o se enfrenten a litigación destructiva.
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Microsoft tiene un Windows 10 ad-generador/downloador en su último update de seguridad KB 3139929. Este update de ´seguridad´ es para usuarios de IE11 que todavía estan usando Windows 7 y 8.1. Así que, antes de instalar cualquier ¨Arreglo¨ del Martes, tomen un momento de mirar lo que hay adentro.
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If Microsoft’s documentation is correct, installing Patch Tuesday’s KB 3139929 security update for Internet Explorer also installs a new Windows 10 ad-generating routine called KB 3146449.
Mucha gente – compañías presentes incluídas – sienten que poner un generador de propaganda dentro de un supuesto update de seguridad cruza la línea. En realidad, tienes que preguntartelo tu mismo si existen todavía algunas.
[...]
Si la documentación es comprobada, el intrusivo consigue Vista 10 ha alcazado nuevos bajos niveles.
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La Casa Blanca emitió un público diseño para comentarios que apoyaría hacer el código usado por agencias federales sea abierto el pasado Jueves.
Es parte del continuo esfuerzo de la administración de Obama de hacer los sistemas de cómputo del gobierno más eficientes al usar programas de código abierto y de hacer público el código escrito por agencias gubernamentales dentro y fuera del gobierno.
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La ocupadísima semana de la Oficina de Gerencia y Presupuesto continuó el Jueves con su tercer memo de prácticas en siete dias.
Conjuntamente con un diseño de consolidación de datos y un final mandato para cada agencia establecer un Club de Compradores para adquisiciones Innovativas, OMB tiene en la mira que el software que se usa en esos centros de datos y sea comprado por esos expertos en procuración.
El Jefe de Informática Tony Scott publicó un diseño de políticas de software de código abierto el 10 de Marzo con el gold de reducir compras dobles y tomar ventaja de las mejores prácticas de la industria.
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La Oficina de Gerencia y Presupuesto ha publicado un diseño de prácticas para mejorar como código personalizado es desarrollado por el gobierno – incluyendo aquel desarrollado por contratados – es comprado y distribuído.
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La Casa Blanca esta buscando hacer que el código de software usado por las agencias federales sea más abierto, compartible y reusable. El 10 de Marzo un blog post del CIO Federal Tony Scott anunció un nuevo diseño de política federal que crearía un nuevo set de reglas para el uso de código personalizado y/o desarrollado por el gobierno federal.
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La Casa Blanca emitió un diseño de políticas que requeriría que las agencias federales abran una significante parte de su código. Bajo esta propuest, la Oficina de Gerencia y Presupuesto, pilotearía el requerimiento de compartir públicamente todo el código personalizado desarrollad dentro de las agencias federales y por lo menos 20% de código nuevo de terceros que trabajen para ellos.
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La administración ha estado mirando a usar las mejores prácticas el el desarrollamiento de software, usando tiendas de innovación com 18F y el Servicio Digital de los Estados Unidos para probar y promover métodos como desarrollo agile y hacer uso del código abierto.
Ahora, el entero gobierno federal se embarcará en ello. La Oficina de Gerencia y Presupuesto publicó el primer diseño en la Política de Fuente de Código, un mandato para hacer todo código desarrollado federalmente abierto a cualquiera.
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La Casa Blanca publicará un diseño de políticas el Jueves para compartir código fuente dentro de las agencias federales, incluyendo un programa piloto que hará una porción del código federal open source.
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Analysts dicen que este movimiento le permitiría competir más efectivamente con Oracle e IBM, quienes desde hace tiempo producen Linux compatibles databases.
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Posted in America, Patents at 7:38 am by Dr. Roy Schestowitz
Original/English
Publicado en America, Patentes at 12:38 pm por el Dr. Roy Schestowitz
Sumario: Una mirada a las noticias de patentes de los Estados Unidos, enfocándonos principalente en los trolles de patentes o las patentes de software (su arma preferida)
Las Payasadas de los Trolles se Extienden
“Las acciones de “ServiceNow (NOW) subieron el Martes,” dice este artículo, ¨con palabras de que pueda arreglar algunas de sus litigaciones de patentes con la compañía privada BMC Software, evitando un largo juicio a empezar el próximo Viernes.¨
“El costo de ir a juicio (además de todos los recursos que suelen derivarse de ello y, además, de su duración, que pone a uno en duda e incertidumbre) es mayor que simplemente arreglarse por anticipación.”Esto es lo que frecuéntemente pasa cuando se trata de patentes de software. El costo de ir a juicio (más las apelaciónes que siguen y más aún su duración que causa duda e incertidumbre) es mayor que simplemente arreglarse. Eso es lo que causó la aparición de los llamados ¨trolles de patentes¨, aunque compañíás con productos reales hacen lo mismo (nuestro próximo post tratará de Microsoft, que ha creado una entidad troll llamada “Microsoft Technology Licensing LLC”).
Patent Reform in the US
“En su Patently-O Patent Law Journal ensayo,” dice esta publicación, “James Daily reporta los resultados de su investigación en la firma de estas cartas abiertas [acerca de la reforma de patentes que se enfoca en los trolles de patentes]. Encuentra, entre otros que los que firman la segunda carta son (1) probablemente contribuyentes al Partido Repúblicano y (2) probablemente están registrados como abogados de patentes.¨
“Los republicanos suelen representar (o apoyar) lo que es bueno para las grandes CORPORACIONES, que también son representadas por los abogados de patentes (por lo tanto “derrocha “dinero a todos ellos, a expensas de todos los demás).”Esto era de esperarse, pero recibiendo un recordatorio que refuerze esa expectación puede ayudar. Los republicanos suelen representar (o apoyar) lo que es bueno para las grandes CORPORACIONES, que también son representadas por los abogados de patentes (por lo tanto “derrocha “dinero a todos ellos, a expensas de todos los demás).
IAM No Sabe Quienes son los “Trolls” (Sigue al Dinero)
¿Porqué todavía vemos tántos trolles de patentes en los Estados Unidos? ¿Porqué la gerencia de la EPO quiere traérlos a Europa con la UPC? y ¿Porqué amigos de la gerencia de la EPO (sitios como IAM) reciben dinero para promover la UPC para suavizar la imágen de los trolles de patentes? Sigan al dinero. No es difícil.
“Es realmente obvio que el Distrito Este de Texas es amigable a los trolles de patentes.”Consideren este nuevo artículo de los compadres de los trolles de patentes quienes también reciben dinero de ellos (cuyo Editor en jefe no sabe cuanto dinero se recibe de promotores), Cuando escriben acerca de ellos, se las arreglan para no mencionar la palabra “troll” (porque pueda ofender a la compañía paterna de IAM, que también es financiada por los trolles). Aquí esta el último ejemplo que dice que ¨mientras el Congreso espera, la Corte de Apelaciones por el Circuito Federal (CAFC) esta lista para enfrentarse a una de las más controversiales aspectos del infringimiento de los casos de patentes en los Estados Unidos – el espinozo asunto de compras. Casi todos los lados del debate de reforma estan de acuerdo que no es saludable en un despropórcionado largo número de casos en cualquier campo que sea escuchado por sólo un juez. El año pasado, de acuerdo con Lex Machina, 2,540 patent casos fueron sometidos al Distrito Este de Texas – 43.6% del total de juicios sometidos en ese país. De aquellos, 1686 fueron aplicados con el juez Rodney Gilstrap. A pesar de las habilidades juiciales de este juez, la falta de pluradidad no pone al sistema de patentes de los Estados Unidos en buena luz.¨
Asombrosamente, el artículno no dice una palabra acerca de los trolles. Sorpréndentemente, no miran la correlación entre el Distrito Este de Texas, los trolles de patentes, e incluso de las patentes de software.
“El Tribunal Supremo de los Estados Unidos se negó lunes a volver a escuchar los argumentos de Pi-Net International Inc., que vio su apelación en el Circuito Federal en un caso contra JPMorgan descartado después de que utilizara el formato de trucos para ocultar el hecho que su escrito de apelación era demasiado largo.”
–Law 360¨Por supuesto,¨ añadieron, ¨si la CAFC o el Congreso obstaculizar la capacidad de los demandantes de patentes de traer sus casos en el Este de Texas, finalmente veremos silos dueños de patentes se congregaron allí no porque las cortes les dieron un juicio fácil, pero porque es el único lugar en el cual ellos han sido capazes de obtener un juicio ¨justo¨.¨
Es realmente obvio que el Distrito Este de Texas es amigable a los trolles de patentes. Incluso abiertamente lo publica, como fue ampliámente cubierto en la prensa algunas semanas atrás. ¿Cómo pudo IAM perderse este hecho crucial?
Temor de PTAB (Jurado de Juicios de Patentes y Apelaciones)
La Asociación de Dueños de Propiedad Intelectual, que esencialmente es un grupo cabildero de los super-ricos (no sólo cualquier dueño de patentes), esta tratándo de demoler previas reformas que fueron introducidas por una corte conocida por elimnar un montón de patentes de software, especialmente despues del caso Alice. Hay también un artículo ¨Circuito Federal [CAFC] se prepara ya que la PTAB impulsará más Revisiones AIA¨, que esta relacionado con lo que escribimos hace dos días.
Las Patentes Conservan el Precio de Tinta Altísimos Como El Firmamento
Para entender el amplio impacot del maximalismo de patentes miremos no más alla que la historia de Lexmar, que continúa siendo materia de análisis de abogados, e.g. [1, 2, 3, 4] en dias reciéntes.
¿Demasiádo Trabajo? !Inadmisible!
No pudimos evitar notar este nuevo artículo que dice que “El Tribunal Supremo de los Estados Unidos se negó lunes a volver a escuchar los argumentos de Pi-Net International Inc., que vio su apelación en el Circuito Federal en un caso contra JPMorgan descartado después de que utilizara el formato de trucos para ocultar el hecho que su escrito de apelación era demasiado largo.”
Mucho puede decirse acerca de esto, acerca de los descarados abogados que disfrazaron el tamaño del resumen a la corte que juzga basado en el número de palabras (en vez de su mérito). █
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Posted in News Roundup at 7:00 am by Dr. Roy Schestowitz
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Desktop
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Wondering where the love for Linux is from big box OEMs? Look no further than Dell and its XPS 13 Developer Edition laptops. Also known as Project Sputnik, Dell came up with the idea of offering developers a powerful and thin XPS notebook running Linux and launched its first models over three years ago. Now in its 5th generation, Project Sputnik is still going strong today with the latest models combining Ubuntu 14.04 with Intel’s Skylake processors.
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Server
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We do not have ONE web-server handling 2 millions sessions. We have 2 million webservers handling one session each.
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Kernel Space
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We reported the fact that the oldest long-term supported kernel branch, Linux 2.6.32, is about to reached its end of life in February, as kernel developer Willy Tarreau said in an announcement made at the end of January 2016.
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So this is later on a Sunday than my usual schedule, because I just
couldn’t make up my mind whether I should do another rc8 or not, and
kept just waffling about it. In the end, I obviously decided not to,
but it could have gone either way.
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Graphics Stack
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Besides Linux 4.5 expected this weekend, the release of Mesa 11.2 is also imminent.
Mesa 11.2 was originally scheduled for release on 11 March, but obviously that didn’t happen with now being a day past then. However, unless an 11.2-rc4 release is warranted, Mesa 11.2.0 should be christened this weekend or early next week.
For those that weren’t keeping up with your Mesa readings on Phoronix over the past three months, there are a lot of improvements, but sadly no OpenGL 4.x breakthroughs to any new levels. The Intel driver is still at OpenGL 3.3 (but soon should be well into a GL4 world once FP64 lands) and the RadeonSI/NVC0/R600 drivers are still at OpenGL 4.1 compliance. The LLVMpipe/Softpipe drivers haven’t advanced into an OGL4 world. But a lot of individual extensions for the higher OpenGL 4 levels were implemented for Mesa 11.2 and should make for an interesting next Mesa release three months down the line when we could be seeing OpenGL 4.2~4.3 out of some drivers and thus the bump to Mesa 12.0.
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There is still time if you wish to nominate yourself or someone else to run in the elections for this year’s X.Org Foundation Board of Directors.
As already covered previously on Phoronix, everything is gearing up for the 2016 X.Org elections. Besides needing to elect four new members to the Board of Directors, they will be again pursuing their potential merger/acceptance by SPI (Software in the Public Interest), should they get enough votes this time to pursue the by-laws change — last year it failed due to not enough members voting.
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Applications
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Instructionals/Technical
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Games
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GNOME Games, a game manager/organizer for the GNOME desktop, has added support for MAME and Neo-Geo Pocket.
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Desktop Environments/WMs
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K Desktop Environment/KDE SC/Qt
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The KDE developers announced this past weekend the major KDE Frameworks 5.20.0 release, which now includes a total of 70 add-on libraries to the Qt technology.
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New Releases
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Zbigniew Konojacki, the creator and maintainer of the 4MLinux project, has been happy to inform Softpedia today about the immediate availability for download and testing of the Beta build of the upcoming 4MLinux 17.0 distribution.
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KaOS is proud to announce the availability of the March release of a new stable ISO.
The Plasma Desktop includes Frameworks 5.20.0, Plasma 5.5.5 and KDE Applications 15.12.2. A few enhancements to the Plasma 5 experience have been added, these are KaOS specific extras.
You now have the option to calculate the md5sum from any file from the Dolphin service menu.
Since the kf5 move there has not been a fully working GUI for user management, there is one added now for KaOS, you will find it under system settings, account details.
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The developers of the KaOS Linux operating system have announced the release and immediate availability for download of the March ISO update for the rolling distribution inspired by Arch Linux.
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GRUB
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After writing yesterday about F2FS support being worked on for GRUB2, I decided to explore what features are coming for their GRUB 2.02 release.
GRUB 2.02 will be the next major update for this widely-used, open-source boot-loader. GRUB 2.02 is currently up to a beta state with GRUB 2.02 Beta 3 being the newest development milestone from just two weeks ago. This will be the first major update since GRUB 2.00 was released four years ago and the recent third beta has come two years after the second beta. Below is a look at some of the highlights for GRUB 2.02.
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Following the recent news of KDE’s Partition Manager adding F2FS support, a Phoronix reader reminded us that F2FS support for GRUB is still being addressed.
While F2FS (the Flash-Friendly File-System) has been around for a few years, it doesn’t yet have any native support by GRUB2 for being able to boot off an F2FS file-system. Fortunately, work is being done in that direction.
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Arch Family
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The Manjaro development team announced the general availability of the twelfth update pack for the stable and current release of the Arch Linux-based operating system.
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Red Hat Family
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Open-source software provider Red Hat is teaming up with machine-to-machine and IoT platform provider Eurotech. Their aim is to simplify the way we integrate and create our IoT designs by creating an IoT solution that bridges operational and information technologies.
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Debian Family
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Approximately one month from today, on April 15, 2016, the Parsix GNU/Linux developers will stop supporting their Parsix GNU/Linux 8.0 (Mumble) operating system, as it will reach its end of life.
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For the tenth time running, Debian has been selected as a mentoring organization for the Google Summer of Code (Debian-specific program page), an internship program open to university students aged 18 and up.
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Derivatives
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Canonical/Ubuntu
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Today still being weekend and all that, we’ve decided to continue our delightful “Watch” series of articles with a new about the Ubuntu MATE Linux operating system.
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Sleep is an essential part of human life, and parents quickly learn that lack of quality sleep (for themselves and their children) can lead to a whole host of other issues (behavioral, emotional, physical, etc.). But what does this have to do with Pi Day, or with open source?
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Arne Exton, RasphArch developer informed Marius Nestor from Softpedia about the availability of a new build of his GNU/Linux distribution for ARM devices based on the Arch Linux ARM project.
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Aria focuses on partnering with companies to establish recurring-revenue streams. Current major customers include Red Hat, Experian, VMware and Zipcar, according to the company.
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Phones
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Android
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Oracle is hoping to convince a jury to make Google pay Oracle billions of dollars in damages.
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It was Android head Hiroshi Lockheimer who kickstarted the Android Wear properly. Singleton, who is British, had been working at Google’s headquarters in Mountain View, California, when “Hiroshi was actually thinking we should get a project started on watches and asked me to come back to the mobile team to work on Android Wear.”
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I listen to a lot of podcasts. A lot. On my phone’s podcatcher, I am subscribed to around 60 podcasts… and I think that only eight of those have podfaded (died). Unsurprisingly, a fairly sizeable proportion of those remaining alive-and-well subscriptions are shows with a specific interest or relevance to open source software. As I seek to resurrect my own comatose podcast from the nebulous realm of podfadery, I thought it would be great for us as a community to share what we’re listening to.
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Narrative game developer Inkle Studios is capping off the week prior to GDC by releasing its Ink scripting language as open-source software for fellow developers to use in their own projects.
If that name sounds familiar, it’s because Inkle is the studio responsible for both the Sorcery! and 80 Days narrative-driven games, the latter of which won multiple honors (including an IGF 2015 Excellence in Narrative award) for the quality and scope of its writing.
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Hardware vendor TP-Link says it will make changes to its routers so it would prevent US users from loading custom open source firmware on their devices, all in order to comply with current Federal Communications Commission (FCC) regulation.
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Web Browsers
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Mozilla
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For those sticking to Mozilla’s stable channel, following this week’s release of Firefox 45 was the public beta of Firefox 46.0.
The Firefox 46.0 Beta marks HTTP sites with login forms as insecure, the JavaScript JIT compiler features greater security, GTK3 integration is again being tried by default for Firefox on Linux, WebRTC performance/stability fixes, HKDF support for the Web Crypto API, and other changes.
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SaaS/Big Data
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Oracle/Java/LibreOffice
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In 2006, Oracle began trying to abscond with RHEL’s paying user base. On Thursday, Microsoft announced that it’s now going to give Oracle a similar treatment. What’s that they say about paybacks?
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Pseudo-/Semi-Open Source (Openwashing)
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At this year’s annual Open Compute Summit, Google announced that it has joined Open Compute Project, a Facebook initiative to encourage the use of open source hardware in IT infrastructure development. Google has also collaborated with Facebook to develop a new 48V server rack that will be 30% more efficient that existing ones.
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FSF/FSFE/GNU/SFLC
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The inaugural release of Gneural Network is now available, a new GNU Project to implement programmable neural networks.
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Public Services/Government
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Ordinarily, free and open source software receives little attention in the government of Canada. A rare exception occurred on Thursday, March 10 when David Graham, the Liberal Member of Parliament for Laurentides—Labelle (Québec) began asking questions before the Standing Committee On Government Operations and Estimates (Shared Services). The exchange was less than seven minutes long, but provided the sort of detailed information that is usually unavailable.
If David Graham sounds familiar, you might know him better as cdlu (short for “confused debian linux user”). For years, cdlu was my colleague at Linux.com and Newsforge and well-known in Debian circles as well. Since then, he has been a presence in the back rooms of the Liberal Party until, in the federal election in October 2015, he was elected for the first time. He now describes himself (no doubt correctly) as “the only Member of Parliament to be in the Debian web of trust.”
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I’ve been meaning to get myself some business cards – they’re really helpful to give out when you meet new people – prospective collaborators and things. People rarely note down contact details – the business card works well as a handy reminder. I don’t know how common it is for people in academia to have them – I’ve seen a few around, and I’ve also seen folks that don’t have them. Anyway, I thought I’d give it a go in LaTeX to see how difficult it is. Turns out, not difficult at all. I found a post that got me started, and after a few hours of tinkering, I’ve come up with this:
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Health/Nutrition
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Industrialized Agriculture is addicted to chemistry in the form of pesticides. The addiction was marketed to the American People, along with other post World War Two miracles such as nylon stockings and the ball point pen. The pen and the nylons, of course, ultimately proved much less dangerous than the chemical fix for company profits.
Between 1947 and 1949, pesticide companies invested nearly $4 billion into expanding their production facilities, and made huge profits. By 1952-53, there were some 10,000 separate new pesticide products registered with the USDA, in what was labeled by journalists and historians as “The Golden Age of Pesticides.”
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The EU’s eastern member states could throw their weight behind France’s calls for a temporary suspension of the rules of the internal market to counteract the agricultural crisis. EurActiv France reports.
Stéphane Le Foll’s efforts to convince the EU to intervene in the agricultural crisis that is gripping Europe have so far borne little fruit. But the French minister for agriculture has looked to the East for new hope.
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Security
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A team of researchers are battling to trouser the US Defense Advanced Research Projects Agency’s US$2m prize to build a system that aims to best human offensive and defensive security personnel at exploitation discovery and patching.
The Shellphish team, with hackers in the US, France, China, Brazil, and Senegal, is big in the capture-the-flag circuit and won the DEF CON competition in 2006.
And so it jumped when DARPA in 2014 pinned the word “cyber” to the title of its then decade-old Grand Challenge competition and the quest to automate vulnerability discovery and remediation.
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Essentially, Windows security updates ensure that some zero-day vulnerabilities are fixed as the Microsoft programming team become aware of them and are able to fix them. As a result of Microsoft security updates for Windows XP being discontinued, there is no way for anyone running Windows XP to secure their computer.1
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There are loads of containers available out there you can download that aren’t trusted sources. Don’t download random containers from random places. It’s no different than trying to buy a sandwich from a filthy shop that has to shoo the rats out of the kitchen with a broom.
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But what guarantee is there that no MITM attacker compromised the tarballs when they were downloaded from upstream by a distro package maintainer? If you think distro package maintainers bother with silly things like GPG signature checking when downloading tarballs, then I regret to inform you that Santa is not real, and your old pet is not on vacation, it is dead.
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Self-driving cars could cut road deaths by 80%, but without better security they put us at risk of car hacking and even ransom demands, experts at SXSW say
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Microsoft: We Store Disk Encryption Keys, But We’ve Never Given Them to Cops [Ed: just to spies. The following page includes several clear examples where Microsoft is caught giving crypto keys to spies. Microsoft is answering/addressing concerns not as they were raised. This is a non-denying denial.]
Microsoft says it has never helped police investigators unlock its customers’ encrypted computers—despite the fact that the company often holds they key to get their data.
If you store important stuff on your computer, it’s great to have the option to lock it up and encrypt your data so that no one can access it if you ever lose your laptop or it gets stolen. But what happens if, one day, you forget your own password to decrypt it? To give customers a way to get their data back in this situation, Microsoft has been automatically uploading a recovery key in the cloud for Windows computers since 2013.
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Defence/Police/Secrecy/Aggression
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Several members of the Republican foreign policy elite recently announced they’ll refuse to vote for Donald Trump if he’s the Republican nominee – with some going so far as to say they’d rather vote for Hillary Clinton.
And while you may be shocked to see ideology so easily trump party affiliation, you shouldn’t be. Take a look, for instance, at this New York Times article from 2014.
Back then, much of the GOP establishment was filled with trepidation about a frontrunner in the 2016 Republican presidential campaign. Mark Salter, John McCain’s former chief of staff, said that if this particular candidate won the nomination, “Republican voters seriously concerned with national security would have no responsible recourse” other than to vote for Clinton.
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Shi’ite cleric Muqtada al-Sadr has called on his followers to stage a massive, days-long sit-in next weekend outside the Green Zone in Baghdad, with the hope that the demonstration will force lawmakers to stop resisting reform.
Turkey reported killing 67 Kurdish guerillas in airstrikes across northern Iraq. Turkey frequently, and without Baghdad’s permission, launches strikes on suspected Kurdistan Workers Party (P.K.K.) targets in Iraq.
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It isn’t pacifism, that’s for sure. What Trump represents – in his crude, inconsistent way – is the traditional American antipathy for getting involved in overseas adventurism. And yet once we are involved, the American isolationist wants to win. Blinded by the illusion that a quick victory is possible, he forgets his objections to the interventionist regime-change panacea once his Jacksonian fury is provoked. Trump’s critique of our present policy – “Now we fight for no reason whatsoever. We don’t even know what we are doing” – could apply equally to his own inchoate vision.
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Russian Prime Minister Dmitry Medvedev on Monday extended condolences to the people of Turkey over a recent bombing in Ankara that claimed 34 lives, saying there was no excuse for terrorism.
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Transparency Reporting
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Hillary Clinton imposed a double-standard on emails as Secretary of State, one for her underlings and one for herself, and now she’s using double-talk to excuse her behavior, writes Bart Gruzalski.
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Environment/Energy/Wildlife
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Jakarta, March 13: A satellite observation on Sunday detected more hotspots on Indonesia’s Sumatra and Borneo Islands.
On Sunday morning, the satellite detected 151 hot spots across the nation, comprising mostly of islands, significantly rising from 59 hotspots found nine days ago, said Sutopo Purwo Nugroho, spokesman of the national disaster management agency.
[...]
Last year, the Indonesian government launched the biggest ever battle against massive forest fires occurring across the country, involving thousands of soldiers and scores of aircraft with assistance from foreign countries.
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Extreme weather events like floods, heat waves and droughts can devastate communities and populations worldwide. Recent scientific advances have enabled researchers to confidently say that the increased intensity and frequency of some, but not all, of these extreme weather events is influenced by human-induced climate change, according to an international National Academies of Science, Engineering, and Medicine report released today (March 11).
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PR/AstroTurf/Lobbying/Politics
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The BBC’s 2016 EU Referendum Guidelines were devised following a public consultation and are intended to ensure impartiality of its broadcasts during what will be an unusually intense period of scrutiny. They will come into force at the official launch of the referendum campaign via parliamentary legislation, and this date has yet to be determined. However, it is plain for all to see that campaigning has already begun, necessitating careful thought by the BBC about how to cover developments in the ‘phony war’. Hence, the Referendum Guidelines are already operational in all but name.
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If you’re a hardcore libertarian, which program would you be most eager to privatize? The VA, of course, which is America’s only genuine example of purely socialized medicine. In the past, the VA’s status as health care provider to military vets has protected it from attack, but that’s changed over the past few years. Why? Because of a carefully orchestrated smear campaign by a Koch-funded activist group called Concerned Veterans for America.
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Convinced that his surprising victory in Michigan represented a turning point, Senator Bernie Sanders and his advisers are maneuvering and spending aggressively to pull off a huge upset on Tuesday — a victory in the Ohio primary — by focusing on Hillary Clinton’s past support for trade deals that are deeply unpopular in the Midwest and other key states in his updated battle plans.
Mr. Sanders seemed newly energized and tactical as he sat by a pool at his Miami hotel and predicted that Tuesday’s win was just the beginning of a phase of the campaign that he would dominate. Saying that coming primaries and caucuses looked unusually promising for him, he described plans to crisscross the country arguing that Mrs. Clinton championed policies that wrecked lives. He also said he would tell voters that he was the strongest candidate to put up against Donald J. Trump, the Republican front-runner.
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Censorship
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Former California State Senator and gun control advocate Leland Yee (D), who tried to pass a bill banning the sale of violent games to children, has been sentenced to five years in prison for racketeering, weapons smuggling and other charges.
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To mark the World Day against Cyber Censorship on 12 March, here are six things about free speech, the internet and online censorship in Cuba.
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An Australian reporter and camera operator have been briefly detained in Malaysia after attempting to question Prime Minister Najib Razak.
Linton Besser and Louie Eroglu approached Mr Najib in Kuching on Saturday to ask him about corruption allegations, which he denies.
The pair, filming for ABC’s Four Corners, were released without charge but cannot leave Malaysia.
Australia’s foreign minister said it raised concerns about press freedom.
Julie Bishop said Australia had raised the matter with the Malaysian authorities.
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Even before the 2005 publications of the so-called “Mohammed cartoons,” Danish historian Lars Hedegaard was sounding the alarm about creeping sharia and the Islamification of the West.
Having survived an assassination attempt a few years ago, Hedegaard now lives in a high security home and can’t venture out without bodyguards.
He explains why this arrangement actually makes him feel more free than he did before.
Having been found not guilty of “hate speech” by the Supreme Court, Hedegaard is currently on trial for the “crime” of mentioning his would-be assassin’s name in public!
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Privacy
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Data collected by the National Security Administration on the private communications of U.S. citizens will now be shared with law enforcement agencies, writes Radley Balko in the Washington Post. So the information collected “for purposes of so-called ‘national security’ will be used by police to lock up ordinary Americans for routine crimes,” he writes, and the victims of this ‘unconstitutional indignity’ are more likely to be minorities, Muslims and dissident Americans – “the same people who are always targeted by law enforcement for extra ‘special attention.’”
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You’d think that access to prisoner wiretaps would somewhat negate the need to break encryption, but maybe these mouthy inmates spend more time chatting about encryption than the allegations against them. And while I understand law enforcement’s complaint that they used to be able to get all of this data with a warrant, they also used to have to run license plates by hand and perform stakeouts in person. So, it’s not as though advances in technology have delivered no concurrent benefits.
Make no mistake about it: given the multitude of choices, the DOJ would rather have unfettered access to phones and all they contain. Whatsapp may have a billion or so users — all protected by end-to-end encryption — but if the FBI can crack open a phone, it can likely get to the content of the messages.
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In Saturday’s edition of the New York Times, Matt Apuzzo reports that the Department of Justice is locked in a “prolonged standoff” with WhatsApp. The government is frustrated by its lack of real-time access to messages protected by the company’s end-to-end encryption. The story may represent a disturbing preview of the next front in the FBI’s war against encryption.
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Civil Rights
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Before Republican presidential candidate Donald Trump took the stage in Cleveland on Saturday, a voice blared over the P.A. system: “If a protester starts demonstrating in the area around you, please, do not harm or touch the protester. This is a peaceful rally.”
Little more than an hour later, 17-year-old Miles Wilson stood outside, visibly shaken. He had been kicked out of the rally for holding up a protest sign, but when he got outside, the shouts and slurs from the Trump supporters followed.
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Videos taken of Donald Trump supporters outside a rally in St. Louis, Missouri, show demonstrations of extreme anger, provocation and aggression as the GOP front runner tries to defend himself against criticism that his rallies are becoming dangerous.
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What are we to make of the arch-authoritarian, white-nationalist Donald Trump phenomenon? We should not fool ourselves about its dangerous nature.
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In recent months, Trump has proposed shutting down mosques and banning non-citizen Muslims from the country, and he endorsed creating a national database of Muslims (even if he later claimed, dubiously, that he was merely open to the idea). Exit polls conducted in the aftermath of his primary victories show that huge numbers of voters actually support these discriminatory and likely unconstitutional proposals.
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Once again, Republican presidential front-runner Donald Trump is at the top of the national news cycle. And this time, the topic is violence.
Trump canceled his Chicago rally on Friday, apparently over safety concerns from a mass of protesters who had gathered outside and inside the venue. Clashes between demonstrators and Trump supporters reportedly turned violent, and at least one Chicago police officer was wounded. It’s unclear who was responsible for the injury.
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Thanks to some quality Internet sleuthing by Quartz, a television ad for Lyndon Johnson’s 1964 presidential campaign resurfaced online this week and draws striking similarities to the GOP upheaval in the 2016 presidential race.
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The incident occurs shortly after Donald Trump garnered criticism for declining multiple opportunities to disavow an endorsement from former Ku Klux Klan leader David Duke, saying he needed to do more research. He later said he did, in fact, disavow Duke.
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Intellectual Monopolies
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Copyrights
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It would appear that when a subject is sufficiently peripheral to policymakers, slow incumbent industries can get whatever repressive and counterproductive policy they want, even in the face of overwhelming public opinion to the opposite for about 40 years.
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03.13.16
Posted in America, Microsoft, Patents at 7:37 pm by Dr. Roy Schestowitz
“The Commission cannot unilaterally take away a fundamental right of defense.”
–Horacio Gutierrez, Microsoft hypocrite who collects ‘protection money’ from companies that use/distribute Linux
Summary: Patent aggressors like Microsoft and non-producing firms that take software patents to the Eastern District of Texas in order to extract money from producing companies have attracted unwanted attention from people who can put a stop to it
The recent articles about Microsoft’s patent aggression (4 articles about it [1, 2, 3, 4]) have attracted a lot of traffic (our cache server got 22,986,674 hits in the past 4 weeks) and this led to a lot of articles in all sorts of media, including non-English media. This thread titled “Microsoft Linux patent trolling might be extending into the blockchain with microsoft Azure”, for instance, links to this article which in turn cites us and says:
Microsoft has launched another anti-open source software campaign in the last few weeks, targeting prominent Linux and free software companies. They’re attempting to limit open-source development with buy-outs, patent trolling, and charging royalties for products that use Linux. Their recent efforts have them grabbing up patents for open source technology including software developed by Canonical, publishers of the most popular Linux distribution, Ubuntu.
[...]
This isn’t the first time Microsoft has used this methodology to try and hamper innovation in the open source community. They used similar techniques in 2006 by entering a patent agreement with Novell software concerning the sale of enterprise Linux products. They’ve done the same thing recently by applying for patents on their Continuum technology, (a similar software, called Convergence, had been in development at Canonical in the years prior) and Signing a patent deal with Rakuten Inc. that covers Android and Linux devices. Microsoft Uses these agreements to go after open-source software that hurts their margins, attempting to cripple innovation by circumventing the protections provided from open-source licensing. They use these cases as precedent to establish that Linux and other open source software is their Intellectual Property. These cases are typically covered by mainstream media outlets with considerable bias, painting Microsoft as protecting against infringement, when in reality the opposite is true.
[...]
In today’s legal and software development environments, open source licensing is no longer enough to protect projects that companies have an interest in kneecapping, as we’ve discussed in a previous article. Microsoft has done this in the past, so what’s stopping them from doing it again with the blockchain and cryptocurrencies? Not a whole lot at present. All it takes is a patent agreement with a smaller company that can’t afford a legal battle to start the process in the blockchain ecosystem to get Microsoft’s ball rolling again.
Microsoft is not a classic patent troll because it still has its own products in the mobile domain. But how long for?
“Microsoft is not a classic patent troll because it still has its own products in the mobile domain.”According to this article from MIP, “TC Heartland will be heard today March 11 [that's days ago]. The case seeks to overturn the 1990 Federal Circuit case VE Holding v Johnson Gas Appliance, which gave patent owners more options on where to sue” (usually Eastern District of Texas [1, 2, 3]).
“A few months ago,” wrote another author, “I was at the Eastern District of Texas Bench and Bar Conference, and I started talking to a federal district judge about her views of the then-imminent demise of Form 18, the form that essentially made it sufficient for a complaint alleging direct infringement to include only barebones allegations of the facts. Her response was, “it’s going to be Rule 12 hell.””
The same author later asked (in the headline): “What Would Happen to Patent Cases if They Couldn’t all be Filed in Texas?”
“Wadhwa is not a patent troll but more of an academic and entrepreneur. Contrast his views with those of Neil Wilkof (IP Kat), who earlier today was softening the image of patent trolls and downplaying the issues associated with trolls.”“So,” he said, “where does this leave us? Many cases would have to move, and not just those filed by NPEs [trolls]. Even so, a decent number of cases could have stayed in the same location. That Delaware and Northern California would be the most popular is unsurprising given how many defendants are incorporated in Delaware or headquartered in Silicon Valley. Perhaps more surprising is that Eastern Texas remains third on the list, albeit with a much smaller percent of cases. These cases would likely be filed against retailers selling patented goods from stores located in that district, though there were some defendants in our sample that were headquartered there.”
A new article by Vivek Wadhwa, whom we habitually cite here, wishes to put an end to all this costly and spurious/frivolous litigation. In AOL he wrote the other day: “What’s best for innovation is a thriving ecosystem in which companies build on each other’s ideas and constantly reinvent themselves—instead of trying to slow each other down in the courts.
“It’s bad enough when big companies with deep pockets battle each other, but for young companies, lawsuits can be fatal.
“Fledgling innovators have to live in constant fear of a big player or patent troll pulling out a big gun and bankrupting them. For startups, this is a greater concern than someone stealing their ideas.”
Wadhwa is not a patent troll but more of an academic and entrepreneur. Contrast his views with those of Neil Wilkof (IP Kat), who earlier today was softening the image of patent trolls and downplaying the issues associated with trolls. He wrote: “In November 2013, as this Kat previously reported, over 60 intellectual property professors sent a letter to the United States Congress, setting out their critique of the patent system and suggestions for reform. Inter alia, the letter discussed the negative aggregate effect of patent trolls on innovation…”
Which everyone seems to be well aware of. It’s hardly deniable.
“Interestingly, as this Kat has suggested elsewhere, the poster child for the risks (or opportunities) in the potential for scaling-up patent trolling, namely Intellectual Ventures, seems to have a significantly lowered public presence.”
–Neil Wilkof“In a word,” Wilkof added, “there simply seems to be less buzz about the subject. Interestingly, as this Kat has suggested elsewhere, the poster child for the risks (or opportunities) in the potential for scaling-up patent trolling, namely Intellectual Ventures, seems to have a significantly lowered public presence. Whether a cause or effect of the more general decline of the patent troll is an interesting question. Moreover, this Kat wonders whether the difficulty in defining what is meant by a patent troll has also contributed to this decline.”
Intellectual Ventures is a massive Microsoft-connected patent troll (one of several) and it indeed suffered layoffs. Nevertheless, there are also thousands of satellites around Intellectual Ventures, so it’s hard to tell if it’s shrinking, growing, or just morphing.
Among people who defend patent trolls (and sometimes get funded by them, e.g. IAM ‘magazine’) it’s common to see claims that “troll” is undefined and the word hardly gets mentioned at all. Look at this comment on Wilkof’s article, which says: “the Sea Change at the courts, effectively reversing State Street and finding (over and over again) ineligible the claimed subject matter that is being asserted by the NPE. After all, most of the claims asserted by the NPE’s are business methods with a contribution to the useful arts that we can summarise as “do it on the internet”. Investors have rumbled that such claims simply don’t cut the mustard any more.”
What he/she/they mean to say is, these are “over the Internet” software patents; that’s one of the most popular weapons of patent trolls.
“We wrote a great deal about both the PATENT Act and Innovation Act and explained repeatedly that these are designed to help big corporations at the expense of patent trolls, rather than help society as a whole at the expense of patent trolls.”Now that patent trolls are back on the agenda in the US (first time since last summer’s recess at Congress), some writers pretend that we need trolls for “innovation”. This one example says: “Our future economy is based on innovation, like the many life science and biotechnology companies being developed in Kentucky. Not only is our industry helping to tackle some of the world’s greatest health threats, but we are doing so while creating the next generation of jobs.”
This guy thinks that innovation cannot happen without patents in every single domain? Or that combating patent trolls is someone bad for small businesses? Pretending that curbing the wave of patent trolls can actually harm small businesses (which trolls usually extort until they’re bankrupt) is misleading at best. Here is another new example from the news. “S 1137 (the PATENT Act) and HR 9 (the Innovation Act),” says this person, “would change the way patent lawsuits are handled. The new process would create a complex and expensive legal patchwork that would make it nearly impossible for small and medium-sized businesses and inventors to defend their patents. While large corporations and their teams of high-priced attorneys will be impacted little by the changes in these bills, those without the resources to defend their patents will be devastated.”
We wrote a great deal about both the PATENT Act and Innovation Act and explained repeatedly that these are designed to help big corporations at the expense of patent trolls, rather than help society as a whole at the expense of patent trolls. It does not, however, mean that these so-called ‘reforms’ are undesirable or detrimental to small businesses which actually produce things (i.e. not patent trolls). █
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Posted in America, Asia, Europe, Patents at 6:45 pm by Dr. Roy Schestowitz
Descending to Chinese standards on integrity, quality, and human rights
EPO President Benoît Battistelli and SIPO Commissioner Tian Lipu (even the red flags match). Credit: EPO Web site.
Summary: A look at the ugly legacy of Battistelli, who has turned an Office with international reputation into a ‘factory’ like the USPTO or SIPO (in China)
THE EPO has not been doing a good job preserving its reputation when it let software patents slip in (from the back door) and later, based on a leaked document, started treating patent applications in a discriminatory fashion and an embarrassing manner. “There is nothing in the EPC which allows the EPO to handle applications differently,” wrote this person earlier today.
Based on a lot of sources, some of which chose to do this publicly, EPO 'results' are bunk and some rightly suggest that an external audit of these ‘results’ is urgently needed. As this little poem put it earlier today:
C ould it be I’m getting pendantic?
O r is granting patents so romantic?
O ver embellishment of the statistics
K nown now for years by realistics
E xternal audit,lay the books bare
D oes this AC really care?
It might not be enough to do an external investigation into the union-busting activities; the Office as a whole needs to come under outside scrutiny. Moreover, verification of the so-called ‘results’ is desperately required. Some EPO examiners (choosing to comment anonymously for their own protection) admit that examination quality is poor now, especially under Battistelli. As one person put it earlier today (sarcastically):
Please forgive me if my post is a bit off topic. I have to tell it.
I’m one of the few “fossiles” left in The Hague. Those who started more than 30 years ago, performing searches through mountains of paper and providing both the colleagues in München and our applicants with prior art indicating the novelty destroying “X” documents and the position of the competitors.
Then came BEST, with its holy 14% productivity increase, together with the non-written rule: “Find anything against claim 1, and don’t waste your time looking for the other claims.” What was passed over is that following this dirty search many applicants were able to restore novelty after the first communication. And so, a new search was then required. At least for those of us having a bit of professional pride left, and of course for free. Farewell state of the art. Farewell complete searches. Cut the corners and hurry up.
Thanks to ISO 9001, the quality at the EPO improved far beyond any hope. Short ago, I’ve had the traditional new-year meeting with my director. Here is what I learned. Quality millesime 2016 is having no search or examination files in the red list (read “delayed”), no more than 3 published patents older than 6 months awaiting to be classified, no grants from a colleague in the examining division awaiting signature since more than 2 weeks. Highly important matters, as one can imagine. But not for inventors, not for the applicants and not for all those who pay for our work. The content of the search report/search opinion/communication interests NOBODY. Copy/paste an article of the Süddeutsche and it will reach the representative unnoticed. Like a fig leaf hiding the attributes of a horny satyr, our search strategies are now made public. Useless nonsense in terms of quality as only those who want to see can see. And being blind is so convenient for an examiner eager to reach a high productivity. How many times, as chairman, have I seen the sentence “the preparation process being novel then the product is novel too”. But thanks to ISO 9001 we are the champions of the world.
Gloria in excelcis Battistelli.
“This all ends up looking less like Europe of old and more like the US,” another person wrote, noting:
In my experience, ECFS has resulted in some EPO examiners becoming more and more inclined to take a superficial view of compliance with the provisions of the EPC, and to go for as many “easy wins” as possible.
The result? More patents of questionable validity and, worst of all, more patents with claims that are completely unclear. This means more (and much harder) work, and greater expense, for third parties seeking to clear the way.
This might just be acceptable if the OD was a reliable arbiter, diligently weeding out the dodgy claims that somehow made it through the coarse filter of examination. However, given the number of times that my eyebrows have been raised when reading 1st instance decisions, I don’t think that the OD can be relied upon to deliver justice often enough.
This all ends up looking less like Europe of old and more like the US – with a significant percentage of dodgy patents being granted and with 3rd parties being reluctant to challenge due to the high costs and uncertainties involved. Perhaps we can live with that. However, should the management of the EPO really be the ones deciding that this is where we end up? It does not seem the most democratic way of proceeding.
Quality at the USPTO is horrible and it’s not surprising that the number of patents is soaring, not because of growth in innovation. China is more or less the same. On the 1st of April (and it’s not a joke) the EPO will be increasing fees, in spite of its poor service, as D Young & Co wishes to remind us right now, noting: “Not all fees are increasing and where they are, compared with past rises, the increases are relatively small (2% maximum).”
In short, EPO in its current state of affairs grants patents sparingly, distorts statistics about patents, increases patent fees, treats applications from large corporations as a matter of priority and so on. How can Battistelli tell (with a straight face) to the Administrative Council that he has done an acceptable job? As we shall show later tomorrow, Battistelli is on his way out (high probability as there are already succession plans). █
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Posted in Europe, Patents at 1:24 pm by Dr. Roy Schestowitz
Bayerisches Fernsehen
Summary: The Bayerischer Rundfunk (BR) program covering the European Patent Office with French subtitles added
THE Kontrovers program below helps explain why suicides are said to have grown tenfold under Battistelli's regime. EPO management finding itself scrutinised in the BR Kontrovers TV coverage was revealingly noteworthy, so in addition to the original in German we now host a French version too:
Last but not least will be the English version, which probably targets the broadest audience because of the nature of our readership. █
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Posted in Europe, Patents at 1:23 pm by Dr. Roy Schestowitz
One man’s story gets told (televised even) so that others won’t have to go through what he did (implicating what EPO staff memorably calls ‘Gestapo’ [1, 2, 3, 4, 5, 6, 7])
Summary: A television program which demonstrates the correlation between aggressive EPO management and staff suicides preserved as a cautionary tale
HAVING just published the original in German and also the French version (subtitled), we now publish the English version that was shared here in Flash form before (via YouTube).
This Kontrovers program provides food for though to delegates, who can be directly contacted (e.g. with concerns) ahead of this week’s Administrative Council meeting. They too get bullied by for expressing dissent.
There are two main themes/ways in which EPO management tries to justify its abuses and iron-fisted governance approach (suicides unsurprisingly grew tenfold); one is to say about the employees that they’re “well paid” (or something along those lines, as it monetary compensation exempts them from human rights) and the other is all about “results” (which is a basically a lie). █
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