Bonum Certa Men Certa

Patent Reform in the United States is Led by the Supreme Court, Not Industrial Lobbies

But extremists like Watchtroll (who systematically bullied/smeared Michelle Lee) keep blaming "Google" for everything

Blaming Google



Summary: Although lobbying by large corporations has served to change the patent landscape in the US, a lot of the big changes become possible because Justices with no vested interests (in patents and patent lawsuits) overturn decisions from the Court of Appeals for the Federal Circuit

THE USPTO, especially since David Kappos, strives to make money and make itself relevant by granting a lot of patents. The same is true, to some degree, at the Court of Appeals for the Federal Circuit (CAFC), a "top patent court" according to this new Reuters report about the Supreme Court's rulings regarding patents. To quote:



The U.S. Supreme Court's unanimous backing on Monday of a ruling by the country's top patent court was a rare instance of agreement with a body whose decisions in that specialized area it regularly overturns.

Tellingly, Monday's decision related to trademarks, not patents. Since its term began last October, the Supreme Court has thrown out all six patent-related decisions by the U.S. Court of Appeals for the Federal Circuit, which was set up to handle such cases.

Since 2014, the high court has upheld the patent court in only two of 16 patent cases, a Reuters review showed.

The lack of agreement between the high court and the patent court reflects a basic conflict at the top of the U.S. legal system over intellectual property rights, which are critical to many industries.


What this serves to demonstrate is that those who are in the business of patent maximalism are out of tune and out of touch with the law. Currently, the Supreme Court is what's changing the US patent landscape, e.g. with Alice (2014) that invalidated many/most software patents. It's actually this court that's driving progress, not Google et al (or Michelle Lee) as patent extremists such as Watchtroll try to tell us. Here is another new article, which deals with the same subject:

A Sign of the Times? A Brief Look at the Trend of Patent Cases Before the US Supreme Court



[...]

Since Tyler v. Tuel in 1810 the US Supreme Court has played a large role in interpreting patent law and defining the role patents play in our society. In the last few years the number of patent cases decided by the Supreme Court has greatly increased. Historically, there has typically been just one or two patent cases per year heard by the Supreme Court, and sometimes years when with no patent cases. Now the Supreme Court is hearing 3-4 or more patent cases per year, every year.


Patent maximalists' sites may not like it, but the US Supreme Court actually does its job on these matters without financial conflicts of interest. Recently, as per this report, there was a Supreme Court remand in relation to Stryker and the $248.7 million penalty over patents. It's not true to say that the US Supreme Court is a problem. It's simply doing what any court was supposed to do but as Gilstrap and Rader served to show simply isn't happening. Many of these courts have been taken over by special interests. Justices are harder to accomplish such a coup with.

At the moment, patent extremists try to install patent maximalists at the USPTO, having driven Lee out of her job. These people (IAM, Watchtroll etc.) are about as aggressive as patent trolls.

Recent Techrights' Posts

GNU/Linux Continues to Get More Prevalent Worldwide (Also on the Desktop)
Desktops (or laptops) aren't everything, but...
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Links 16/04/2024: Levente "anthraxx" Polyák as Arch Linux 2024 Leader, openSUSE Leap Micro 6 Now Alpha, Facebook Blocking News
Links for the day
Apology & Correction: Daniele Scasciafratte & Mozilla, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
 
The Free Software Community is Under Attack (Waged Mostly by Lawyers, Not Developers)
Licensing and legalese may seem "boring" or "complicated" (depending on where one stands w.r.t. development), but it matters a great deal
Jonathan Cohen, Charles Fussell & Debian embezzlement
Reprinted with permission from disguised.work
Grasping at Straws in IBM (Red Hat Layoff Rumours in 2024)
researching rumours around Red Hat layoffs
Who is a real Debian Developer?
Reprinted with permission from Daniel Pocock
Links 16/04/2024: Many More Layoffs, Broadcom/VMware Probed (Antitrust)
Links for the day
Links 16/04/2024: Second Sunday After Easter and "Re-inventing the Wheel"
Links for the day
Where is the copyright notice and license for Debian GNU/Linux itself?
Reprinted with permission from Daniel Pocock
Halász Dávid & IBM Red Hat, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Next Week Marks a Year Since Red Hat Mass Layoffs, Another Round Would be "Consistent With Other Layoffs at IBM."
"From anon: Global D&I team has been cut in half."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 15, 2024
IRC logs for Monday, April 15, 2024
Links 15/04/2024: Navartis, AWS and Tesla Layoffs
Links for the day
Gemini Links 15/04/2024: YAML Issues and Gemtext Specification 0.24.0
Links for the day
Richard Stallman to Give Public Talk in Portugal on Wednesday
new addition to his page
Richard Stallman's Hair Has Grown Back and He Does Not Talk About Cancer
May he live a long and happy life
New Video of Richard Stallman's Talk in Italy (Delivered a Week Ago)
a working copy of the video
Microsoft Windows Falling to New Lows in the United Kingdom and Worldwide
What's noteworthy here is that there's no sign at all of a Windows rebound
[Meme] Quantity of European Patents
they've rigged the system to make more money
Why do free software organizations eliminate community representatives?
Reprinted with permission from the Free Software Fellowship
[Teaser] Freenode LTD: What Happened
Upcoming series based on insiders' account with evidence
Links 15/04/2024: Signs of Desperation at Microsoft and Tesla Employees Brace for Mass Layoffs (Update: Yes, Over 10% at Tesla Laid Off)
Links for the day
Matthias Kirschner & FSFE People Trafficking, coercion of volunteers
Reprinted with permission from the Free Software Fellowship
Gemini Links 15/04/2024: Profectus Alpha 0.4 and RPG of One Capsule Progress
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 14, 2024
IRC logs for Sunday, April 14, 2024
Oceania: GNU/Linux Measured at Lower Than the International Average (4% or 7% Including ChromeOS)
statCounter's data
Human Rights Tribunal of Ontario (HRTO) Does Not Wish to Become an Instrument of Cost-Free Harassment or 'Cheap Revenge', It Says "Justice is Not Free. Quite the Contrary. Justice is Expensive."
Long story short, there is no lawsuit, there is a just a hateful, lying idiot abusing "the system" (which this idiot rejects entirely)
Achieving Objectives
The 'suits' and their vocabulary can be overcome when their deceit is widely deciphered:
Mozilla Has Turned Firefox Into OSPS Consistent With "Attestation" Objectives
Open Source Proprietary Software
100 years of Hitler & psychological experiments on volunteers
Reprinted with permission from the Free Software Fellowship
Taliban, the Free and Open Source Software Community Team of Afghanistan
Reprinted with permission from the Free Software Fellowship
Links 14/04/2024: Software Needed for Work and Issues in Brazil
Links for the day
Gemini Links 14/04/2024: OFFLFIRSOCH and Gemtext Specification 0.24.0
Links for the day
Links 14/04/2024: Tesla and OpenAI (Microsoft) Layoffs Floated in the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 13, 2024
IRC logs for Saturday, April 13, 2024