09.20.16

Gemini version available ♊︎

For Abuse Like Plagiarism and Malpractice, the US Patent System is Still World Champion

Posted in America, Patents at 10:45 am by Dr. Roy Schestowitz

When all that seemingly matters is money, not innovation and society’s wellbeing…

Coins

Summary: Low patent quality, abusive litigation (e.g. by patent trolls) and various other elements that globally discredit the USPTO are only symptoms of a wider problem, which is a greedy system motivated by neo-liberal values rather than professionalism and servitude

YESTERDAY we wrote about patent lawyers that had engaged in plagiarism during the preparation of documents like briefs. It put patent lawyers in a not-so-flattering light and today we have this article about an outcome that says plagiarism of this kind of definitely not Fair Use, which means that some patent lawyers, who insist on respect for patent law, do not respect copyright law. To quote:

We’ve talked about online electronics retailer Newegg quite a few times here on Techdirt, usually in the context of its noble fight against patent trolls. I, personally, have a lot of respect for Newegg’s Chief Legal Officer, Lee Cheng. So it surprised me a bit to see that Newegg is suing another lawyer for copyright infringement on one of its briefs. And, so far Newegg is winning, as the judge has ruled that using the brief is not fair use.

The details here do matter. The defendant, lawyer Ezra Sutton, had worked alongside Newegg in one of the many patent troll lawsuits. Sutton was representing another company sued in the same lawsuit as Newegg by a patent troll, Adjustacam. They had won the case against the troll, and both Newegg and the company Sutton represented, Sakar International, filed motions seeking attorneys’ fees.

It was Patently-O that earlier on wrote about this topic and it now has this new article about patent malpractice in which it’s said:

The malpractice claim arose out of an interference proceeding and has an interesting twist. The lawyer needed to claim priority to an earlier-filed Japanese patent application that had been domesticated through a PCT. The Japanese application and the PCT were in Japanese. Regulations required that a motion to claim benefit had to include English translations of the earlier applications in the claim. The lawyer filed a US translation of the (first-filed, obviously) Japanese application, but not the PCT.

The Board awarded the earlier Japanese filing date. Seed won.

The Federal Circuit reversed. It held that without the English translation of the PCT, the Board erred in awarding giving the application the filing date of the Japanese application, and, as a result, Seed lost the interference.

Hence the malpractice case.

This article speaks of a Japanese application, i.e. application from the new hotbed of patent trolling (we wrote about this earlier this month). It seems clear that some of the abusive elements which the USPTO became infamous for are now penetrating east Asia, not just Europe (because of Battistelli with the direction he chose for the EPO). China’s patent bubble, for example, is truly a problem — an observation that even a new survey seems to support.

We often write about the EPO and frequently complain about the decline of patent quality there, not just alleged fraud. Expect us to write a lot more about it in the days or weeks to come. The EPO is gradually becoming another USPTO (and it’s not a compliment).

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Proprietary Software is Pollution

    "My daughter asked me about why are we throwing away some bits of technology," Dr. Andy Farnell says. "This is my attempt to put into words for "ordinary" people what I tried to explain to a 6 year old."



  2. Microsoft GitHub Exposé — Part XV — Cover-Up and Defamation

    Defamation of one’s victims might be another offence to add to the long list of offences committed by Microsoft’s Chief Architect of GitHub Copilot, Balabhadra (Alex) Graveley; attempting to discredit the police report is a new low and can get Mr. Graveley even deeper in trouble (Microsoft protecting him only makes matters worse)



  3. [Meme] Alexander Ramsay and Team UPC Inciting Politicians to Break the Law and Violate Constitutions, Based on Misinformation, Fake News, and Deliberate Lies Wrapped up as 'Studies'

    The EPO‘s law-breaking leadership (Benoît Battistelli, António Campinos and their corrupt cronies), helped by liars who don't enjoy diplomatic immunity, are cooperating to undermine courts across the EU, in effect replacing them with EPO puppets who are patent maximalists (Europe’s equivalents of James Rodney Gilstrap and Alan D Albright, a Donald Trump appointee, in the Eastern and Western Districts of Texas, respectively)



  4. Has the Administrative Council Belatedly Realised What Its Job in the European Patent Organisation Really Is?

    The "Mafia" which took over the EPO (the EPO's own workers call it "Mafia") isn't getting its way with a proposal, so it's preventing the states from even voting on it!



  5. [Meme] Team UPC is Celebrating a Pyrrhic Victory

    Pyrrhic victory best describes what's happening at the moment (it’s a lobbying tactic, faking/staging things to help false prophecies be fulfilled, based on hopes and wishes alone), for faking something without bothering to explain the legal basis is going to lead to further escalations and complaints (already impending)



  6. Links 24/1/2022: Scribus 1.5.8 and LXLE Reviewed

    Links for the day



  7. IRC Proceedings: Sunday, January 23, 2022

    IRC logs for Sunday, January 23, 2022



  8. [Meme] Team UPC Congratulating Itself

    The barrage of fake news and misinformation about the UPC deliberately leaves out all the obvious and very important facts; even the EPO‘s António Campinos and Breton (Benoît Battistelli‘s buddy) participated in the lying



  9. Links 24/1/2022: pgBadger 11.7 Released, Catch-up With Patents

    Links for the day



  10. The Demonisation and Stereotyping of Coders Not Working for Big Corporations (or 'The System')

    The war on encrypted communication (or secure communications) carries on despite a lack of evidence that encryption stands in the way of crime investigations (most criminals use none of it)



  11. On the 'Peak Hacker' Series

    Hacker culture, unlike Ludditism, is ultimately a movement for justice, for equality, and for human rights through personal and collective emancipation; Dr. Farnell has done a good job explaining where we stand and his splendid series has come to a close



  12. Links 23/1/2022: First RC of Linux 5.17 and Sway 1.7 Released

    Links for the day



  13. Peak Code — Part III: After Code

    "Surveillance perimeters, smart TVs (Telescreens built to Orwell's original blueprint) watched over our living rooms. Mandatory smart everything kept us 'trustless'. Safe search, safe thoughts. We withdrew. Inside, we went quietly mad."



  14. IRC Proceedings: Saturday, January 22, 2022

    IRC logs for Saturday, January 22, 2022



  15. Links 23/1/2022: MongoDB 5.2, BuddyPress 10.0.0, and GNU Parallel 20220122

    Links for the day



  16. A Parade of Fake News About the UPC Does Not Change the General Consensus or the Simple Facts

    European Patents (EPs) from the EPO are granted in violation of the EPC; Courts are now targeted by António Campinos and the minions he associates with (mostly parasitic litigation firms and monopolists), for they want puppets for “judges” and for invalid patents to be magically rendered “valid” and “enforceable”



  17. Welcome to 2022: Intentional Lies Are 'Benefits' and 'Alternative Facts'

    A crooks-run EPO, together with the patent litigation cabal that we’ve dubbed ‘Team UPC’ (it has nothing to do with science or with innovation), is spreading tons of misinformation; the lies are designed to make the law-breaking seem OK, knowing that Benoît Battistelli and António Campinos are practically above the law, so perjury as well as gross violations of the EPC and constitutions won’t scare them (prosecution as deterrence just isn’t there, which is another inherent problem with the UPC)



  18. From Software Eating the World to the Pentagon Eating All the Software

    “Software is eating the world,” according to Marc Andreessen (co-founder of Netscape), but the Empire Strikes Back (not the movie, the actual empire) by hijacking all code by proxy, via Microsoft, just as it grabbed a lot of the world’s communications via Skype, bypassing the world's many national telecoms; coders need to fight back rather than participate in racist (imperial) shams such as GitHub



  19. Links 22/1/2022: Skrooge 2.27.0 and Ray-Tracing Stuff

    Links for the day



  20. IRC Proceedings: Friday, January 21, 2022

    IRC logs for Friday, January 21, 2022



  21. Peak Code — Part II: Lost Source

    "Debian and Mozilla played along. They were made “Yeoman Freeholders” in return for rewriting their charters to “work closely with the new Ministry in the interests of all stakeholders” – or some-such vacuous spout… because no one remembers… after that it started."



  22. Links 22/1/2022: Ubuntu MATE 21.10 for GPD Pocket 3, MINISFORUM Preloads GNU/Linux

    Links for the day



  23. Computer Users Should be Operators, But Instead They're Being Operated by Vendors and Governments

    Computers have been turned into hostile black boxes (unlike Blackbox) that distrust the person who purchased them; moreover, from a legislative point of view, encryption (i.e. computer security) is perceived and treated by governments like a threat instead of something imperative — a necessity for society’s empowerment (privacy is about control and people in positions of unjust power want total and complete control)



  24. Peak Code — Part I: Before the Wars

    Article/series by Dr. Andy Farnell: "in the period between 1960 and 2060 people had mistaken what they called "The Internet" for a communications system, when it had in fact been an Ideal and a Battleground all along - the site of the 100 years info-war."



  25. Links 21/1/2022: RISC-V Development Board and Rust 1.58.1

    Links for the day



  26. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  27. Gemini Lets You Control the Presentation Layer to Suit Your Own Needs

    In Gemini (or the Web as seen through Gemini clients such as Kristall) the user comes first; it's not sites/capsules that tell the user how pages are presented/rendered, as they decide only on structural/semantic aspects



  28. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  29. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  30. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts