02.07.17

Gemini version available ♊︎

The Debate About Software Patents Grew Increasingly Dishonest, Front Groups AIPLA, PhRMA and ABA Try to Restore Them

Posted in America, Deception, Patents at 7:19 am by Dr. Roy Schestowitz

Self-serving front groups of the patent maximalists want more patent chaos

The profit motive

Summary: The patent microcosm is racing to salvage that dying old system which yielded many thousands of lawsuits per year, many of which were initiated by patent trolls and were frivolous by intention (but focusing on small companies that cannot afford legal defense)

NOW that advocates (profiteers) of software patents are in a state of disarray (ad hominem attacks as the last resort) we would like to draw some attention to various new bits that highlight their tactics.

David Boundy of Cambridge Technology Law LLC, for example, is taking shots at PTAB (yesterday’s guest post at Patently-O) and milking Cuozzo to challenge the status quo of restrictions against software patents. To quote the conclusions:

The full paper gives a number of other examples of questions that come out differently depending on whether they’re argued as patent law issues or administrative law issues. There are many differences between the powers of an Article III court and of an agency tribunal, differences between appellate review of an Article III court vs. judicial review of an agency, differences in the arguments that an appellant and appellee can raise, and differences in limits on raising new issues on appeal. Unfortunately, Cuozzo’s brief did not exploit those differences or cite the applicable administrative law.

The key take-away is that almost every PTAB proceeding and appeal presents a “target rich environment” of administrative law issues. Teams that include administrative law expertise will successfully exploit many opportunities that are invisible to teams without that expertise.

Because of internal tensions in the Cuozzo decision, many issues remain to be decided by the Federal Circuit, and will be decided differently depending on how well parties match their argument turf to courts’ choice of decision turf.

The Cuozzo patent case was covered here many times before. See for example:

Yesterday we wrote about how IBM (through IPO as a front group) lobbies for software patents and at around the same time we also became aware of AIPLA, PhRMA, and ABA doing something similar. As MIP put it a few days ago: “The American Intellectual Property Association (AIPLA), Pharmaceutical Research and Manufacturers of America (PhRMA) and the American Bar Association (ABA) each responded to the USPTO’s review process with remarks detailing the impact of decisions Alice and Mayo has had on their respective members and industries.”

The problem is, these front groups don’t respresent ordinary businesses. They represent the patent microcosm and large corporations. These are naturally patent maximalists, who profit from people getting sued over alleged infringement of patents (many cannot even afford going to court to demonstrate their innocence). The above groups don’t want patent scope to be narrowed; to them, the more patents, the merrier. The USPTO will hopefully not be foolish enough to overlook that simple fact. Alongside the USPTO, PTAB is thankfully crushing software patents and other patents on abstract concepts like business “methods”. See new blog posts such as “COVERED BUSINESS METHODS PATENTS — NOT SO BROAD!” or “The Challenges of Protecting and Commercialising IP in Casino Games”. Everyone with some common sense can agree that patents on thoughts (or thought process) and patents on games are truly outrageous. Strategies are not something that should be monopolised.

To quote something more sane, for a change, here is EFF poking fun at the latest “Stupid Patent of the Month” (which is a software patent, as usual). To quote:

Song lyrics are some of the most searched-for topics on the Internet. This has lead to fierce competition among lyrics sites. If you scroll to the bottom of one of these websites, you’ll see the claim: “Song discussions is protected by U.S. Patent No. 9,401,941.” We are honoring this “song discussions” patent as January’s Stupid Patent of the Month.

The patent (we’ll call it the ’941 Patent) is owned by CBS Interactive and discloses a “computer-implemented system” for “processing interactions with song lyrics.” It explains that other websites display lyrics in a “static form” and suggests there is a “lack of mechanisms for increasing the engagement of users with song lyrics.” The patent suggests allowing users to interact with lyrics by allowing them to “select[] a segment,” displaying a “menu of options,” and allowing the user to enter an “interpretation of the selected line.”

The patent dates back to an application filed in February 2011. Although it is 23 columns long, in our view the patent does not describe any software or Internet technology that was remotely new or innovative at that time. Rather, it describes common and mundane features, such as a “menu of options,” “user-inputted text” and a “user interaction database,” and applies these features to a lyrics website. That should not be enough to get a patent.

The EFF has done some reasonably effective advocacy against patent trolls recently. Sometimes it even speaks explicitly about (and against) software patents. Together with TechDirt they have been publishing their series of “Stupid Patent of the Month”, even in the face of legal threats (and action) against both sites. As a reminder, one "Stupid" patenter sued the EFF, one charlatan who claims that he invented (and decades later patented) E-mail sued TechDirt (the EFF is defending TechDirt in this case), and that same charlatan threatened me too.

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.

A Single Comment

  1. David Boundy said,

    February 7, 2017 at 1:21 pm

    Gravatar

    I am rather puzzled here.

    Most of my clients are startups — I am passionate about helping startups. Everything from defending startups in troll suits, to helping build intellectual property fences around markets, to getting financing so startups can grow. I represent both patent challengers and patent owners (over the last year or so, a few more of the former than the latter). I am concerned that you would characterize my work any other way.

    But any legal regime needs to work by predictable rules. The Cuozzo case is about predictable rules throughout the legal system, and getting things straightened out when the PTAB acts outside those rules.

DecorWhat Else is New


  1. IRC Proceedings: Sunday, November 28, 2021

    IRC logs for Sunday, November 28, 2021



  2. Links 29/11/2021: Linux 5.16 RC3 and Lots of Patent Catch-up

    Links for the day



  3. By 2022 0% of 'News' Coverage About Patents Will Be Actual Journalism (Patent Litigation Sector Has Hijacked the World Wide Web to Disseminate Self-Promotional Misinformation)

    Finding news about the EPO is almost impossible because today’s so-called ‘news’ sites are in the pockets of Benoît Battistelli, António Campinos, and their cohorts who turned the EPO into a hub of litigation, not science; this is part of an international (worldwide) problem because financial resources for journalism have run out, and so the vacuum is filled/replaced almost entirely by Public Relations (PR) and marketing



  4. Trying to Appease Those Who Never Liked Free Software or Those Who Blindly Loved All Patent Monopolies to Begin With

    It’s crystal clear that trying to appease everyone, all the time, is impossible; in the case of the EPO, for example, we hope that exposing Team Battistelli/Campinos helps raise awareness of the harms of patent maximalism, and when speaking about Free software — whilst occasionally bashing the alternatives (proprietary) — we hope to convince more people to join the “Good Fight”



  5. Links 28/11/2021: Laravel 8.73 Released, GitHub Offline for Hours

    Links for the day



  6. IRC Proceedings: Saturday, November 27, 2021

    IRC logs for Saturday, November 27, 2021



  7. Links 27/11/2021: Nvidia’s DLSS Hype and Why GNU/Linux Matters

    Links for the day



  8. [Meme] Linus Gabriel Sebastian Takes GNU/Linux for a (Tail)'Spin'

    If you’re trying to prove that GNU/Linux is NOT Windows, then “haha! Well done…”



  9. GNU/Linux is for Freedom and It'll Gain Many Users When (or Where) People Understand What Software (or Computing) Freedom Means

    Software that respects people's freedom (and by extension privacy as well) is an alluring proposition; those who choose to try GNU/Linux for the wrong reasons are likely the wrong target audience for advocates



  10. Amid Reports of Microsoft's Competition Crimes in Europe...

    European companies are complaining, but they seem to overlook the principal aspect of an imperialistic system with bottomless pockets (almost 30 trillion dollars in debt already; US national debt soared again last month); Microsoft is shielded by a political system with military (“defence”) as bailout budget to help cushion international expansion for data grab and technical leverage, as we've seen in the case of EPO (this is all political, not technical, and should thus be treated as a political/corruption issue)



  11. Is Linus Trolling the GNU/Linux Community?

    This new video responds to what many sites have been provoked into amplifying



  12. Links 27/11/2021: Tux Paint 0.9.27 and SeaMonkey 1.1.19 in EasyOS

    Links for the day



  13. [Meme] Keeping Our Distance From Microsoft

    The OSI is the dagger, the Linux Foundation is the knife, and many others are the sword by which Microsoft tries to get into the very heart of GNU/Linux and extinguish the Free software movement



  14. Microsoft Edge Encourages Indebted Americans to Guilt-spend Just in Time for Christmas

    Guest post by Ryan, reprinted with permission



  15. IRC Proceedings: Friday, November 26, 2021

    IRC logs for Friday, November 26, 2021



  16. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.



  17. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  18. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  19. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  20. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    Links for the day



  21. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021



  22. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021



  23. Links 25/11/2021: PHP 8.1.0 Released and Linux 5.15.5

    Links for the day



  24. IBM as Master of Hypocrisy

    Free software projects and Free software developers have long been humiliated by corporations of Western misogynists, falsely claiming that the Free software community isn’t inclusive enough (these are shameless projection tactics; as a matter of public record, the exact opposite is true) and even the eradication of supposedly offensive language isn’t something IBM takes seriously



  25. Links 25/11/2021: LibreOffice 7.2.3 and Mesa 21.2.6 Released

    Links for the day



  26. [Meme] So Desperate That Edge Cannot Even Exceed 4% That They Block Rival Web Browsers

    Linux/Android/Free Software/GNU (they go by very many names/brands) may continue to grow to the point where Windows is as irrelevant as Blackberry; this means that Microsoft’s grip on the Web too has slipped — to the point where Microsoft frantically uses 'bailout' money to hijack LinkedIn, GitHub, etc. (it also rebrands almost everything as "Azure" or clown to fake a perception of growth)



  27. Windows Vista Service Pack 11 (Vista 11) Has Failed to Curb the Growth of GNU/Linux

    Windows market share continues to decrease in spite of billions of dollars spent bribing the media for fake hype, especially in light of a new Windows Service Pack (SP), Vista SP 11



  28. Links 25/11/2021: Proton 6.3-8 and Linux Mint Compared to Ubuntu

    Links for the day



  29. 3.5 Years Later the 'Master' of Fedora is Still Microsoft and IBM Cannot Be Bothered to Alter Git Branch Names (Refuting or Ignoring Its Very Own Directive About Supposedly Racially-Insensitive Terms)

    Today we demonstrate the hypocrisy of IBM; years after telling us that we should shun the term "master" and repeatedly insisting it had a racist connotation at least 65 Fedora repositories, still controlled by Microsoft, still use "master"



  30. Changing the Arrangement While News is a Bit Slow(er)

    I've made it easier for myself to keep abreast of things like IRC channels and networks (incidentally, a day ago Freenode reopened to anonymous logins) and I've improved monitoring of the Web sites, Gemini capsule etc. (this video is unplanned and improvised)


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