02.01.18

Gemini version available ♊︎

Patent Sharks Hope to Regain Control of the US Patent System With Iancu Appointment Likely Just 4 Days Away

Posted in America, Patents at 4:26 pm by Dr. Roy Schestowitz

Big shark

Summary: The campaign to dethrone Michelle Lee and replace her with someone like Andrei Iancu is almost complete; the objective is to turn the USPTO (US patent office) into a trolls-friendly and PTAB-hostile place

THE USPTO has been headless since Michelle Lee got bullied out (like Ms. Brimelow at the EPO). Her colleague was thereafter the PTO Director (in the interim). He too got mobbed/bullied at times, but not to the same degree. The patent microcosm was eager to replace him with one of its own.

“The patent microcosm was eager to replace him with one of its own.”Here is a reminder of why the PTO does not need a person like Andrei Iancu but a technical person. Will they ‘get’ that? How about Drew Hirshfeld? Do not listen to Koch-funded ‘scholars’ like Adam Mossoff, who are still pushing for maximalism this week (“Here’s just one of many examples of how small biz & individuals need stable & effective #IP protections, contrary to the rhetoric that IP hurts new creators, startups & small biz.”) because their aim is to prop up the litigation ‘business’ and patent trolls. And speaking of which, Watchtroll followed IBM’s patent chief Manny Schecter (close to Watchtroll) in noting, based on this publication, that “Senate Schedules Andrei Iancu Confirmation Vote for February 5″; Schecter tweeted: “Says here that the full Senate will take up confirmation of Andrei Iancu as US Patent & Trademark Office Director on Monday, February 5 http://bit.ly/2l2VmjU” (“EXECUTIVE CALENDAR”).

These people would love to see a patent microcosm person like Iancu in charge of the PTO. They lobbied towards that.

And lobbying being noted, watch what Dennis Crouch wrote yesterday about Trump’s speech. Trump never even mentioned patents, but Dennis Crouch already ‘helps’ by ‘interpolating’ and filling the ‘blanks’, so to speak. For example: “Although, high drug prices are, in many cases, premised upon exclusive rights granted by patents, the Administration has – thus far – not offered any indication that it will be breaking (or bending) pharma patent rights.”

“These people would love to see a patent microcosm person like Iancu in charge of the PTO.”There are no “patent rights” because patents are not "rights" — a miconception just repeated again in “Litigation Conduct Evincing Lack of Respect for Patent Rights and Litigation Process Supports Attorney Fees Award” (“Respect for Patent Rights” is very lawyer/liar talk).

What these people generally hope for is a PTO Director who uses nonsensical terms like these. The last thing they want is a person like Lee, herself a former scientist with high qualifications.

A few hours ago (Thursday) Watchtroll was once again defending the Mohawk patent scam, quite frankly as usual. That scam relies on misconceptions such as patents being “property”. With anti-PTAB on their agenda, such overt misconceptions too are considered “OK”.

Mitchell Feller, partner with Gottlieb, Rackman & Reisman, wrote that “Native American tribes have the same types of sovereign immunity that states do. Absent a waiver, they too are immune from lawsuits asserting infringement of Federal patent, trademark, and copyright laws and subject to the same types of waiver considerations.”

“What these people generally hope for is a PTO Director who uses nonsensical terms like these. The last thing they want is a person like Lee, herself a former scientist with high qualifications.”But those patents have nothing to do with tribes. It’s a major scam. A Federal judge and several politicians have already called it that. “In September,” he continued, “2017, the large pharmaceutical company Allergan took steps to employ tribal immunity to protect its patents on the drug Restasis. Allergan assigned its patents to the St. Regis Mohawk Tribe. The tribe then licensed the patents back for $13.5M and more than that amount in yearly royalties. Immediately afterwards, the Tribe argued that an IPR challenging those patents could not proceed because of tribal immunity. The motion has not been decided.”

At the moment, as we pointed out earlier this week, this tribe is just being completely exploited by the patent microcosm as a vector for attacks on PTAB. For a large sum of money the tribe has basically disgraced its name/reputation.

What we have here isn’t US interests being served but the profits of few ultra-wealthy individuals being guarded so that they can deny access to medicine (e.g. generics).

“What the US needs is a technology-centric PTO; what it might soon get, however, is a legal ‘industry’-centric PTO, promising to further exacerbate things for the benefit of patent trolls (not technologists but litigators).”The notion that patent maximalism is somehow “great” for the US is a false one; it’s promoted by people who profit from litigation activity. Depending on what the highest court has to say (if anything) about design patents [1, 2], we may soon see more setbacks like this one for Apple. Apple uses patents against a Korean giant that now yields more chips than the US-based Intel (as per new reports). As sales of “iPhone” fall (many reports about this throughout this week) the patent case too seems to be falling apart. 2 days ago in Law.com:

Apple will soon return to court to continue its legal battle with Samsung over Samsung’s infringement of Apple’s iPhone design. The latest chapter of this saga concerns the proper methodology for calculating damages that Samsung must pay to Apple for infringing Apple’s design patents.

As background to this case, a jury trial in the Northern District Court of California back in 2012 resulted in a verdict ordering Samsung to pay Apple more than $1 billion for willfully infringing Apple’s design patents. The damage calculation was based upon 35 U.S.C. 289 of the Patent Act. Section 289 includes a special profit-disgorgement provision for design infringement damages requiring that “Whoever during the term of a patent for a design … sells or exposes for sale any article of manufacture to which such design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit.”

What the US needs is a technology-centric PTO; what it might soon get, however, is a legal ‘industry’-centric PTO, promising to further exacerbate things for the benefit of patent trolls (not technologists but litigators).

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. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  2. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  3. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  4. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  5. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  6. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  7. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates



  8. [Meme] IBM Has Paid ZDNet to Troll the Community

    Over the past few weeks ZDNet has constantly published courses with the word "master" in their headlines (we caught several examples; a few are shown above); years ago this was common, also in relation to IBM itself; clearly IBM thinks that the word is racially sensitive and offensive only when it's not IBM using the word and nowadays IBM pays ZDNet — sometimes proxying through the Linux Foundation — to relay this self-contradictory message whose objective is to shame programmers, Free software communities etc. (through guilt they can leverage more power and resort to projection tactics, sometimes outright slander which distracts)



  9. [Meme] ILO Designed to Fail: EPO Presidents Cannot be Held Accountable If ILOAT Takes Almost a Decade to Issue a Simple Ruling

    The recent ILOAT ruling (a trivial no-brainer) inadvertently reminds one of the severe weaknesses of ILOAT; what good is a system of accountability that issues rulings on decisions that are barely relevant anymore (or too late to correct)?



  10. Links 22/10/2021: Trump's AGPL Violations and Chrome 95 Released

    Links for the day



  11. [Meme] How Corporate Monopolies Demonise Critics of Their Technically and Legally Problematic 'Products'

    When the technical substance of some criticism stands (defensible based upon evidence), and is increasingly difficult to refute based on facts, make up some fictional issue — a straw man argument — and then respond to that phony issue based on no facts at all



  12. Links 22/10/2021: Global Encryption Day

    Links for the day



  13. [Meme] Speaking the Same Language

    Language inside the EPO is misleading. Francophones Benoît Battistelli and António Campinos casually misuse the word “social”.



  14. António Campinos Thinks Salary Reductions Months Before He Leaves is “Exceptional Social Gesture”

    Just as Benoît Battistelli had a profound misunderstanding of the concept of “social democracy” his mate seems to completely misunderstand what a “social gesture” is (should have asked his father)



  15. IRC Proceedings: Thursday, October 21, 2021

    IRC logs for Thursday, October 21, 2021



  16. Links 21/10/2021: MX Linux 21 and Git Contributors’ Summit in a Nutshell

    Links for the day



  17. [Meme] [Teaser] Miguel de Icaza on CEO of Microsoft GitHub

    Our ongoing series, which is very long, will shed much-needed light on GitHub and its goals (the dark side is a lot darker than people care to realise)



  18. Gemini Protocol and Gemini Space Are Not a Niche; for Techrights, Gemini Means Half a Million Page Requests a Month

    Techrights on gemini:// has become very big and we’ll soon regenerate all the pages (about 37,500 of them) to improve clarity, consistency, and general integrity



  19. 'Satellite States' of EPO Autocrats

    Today we look more closely at how Baltic states were rendered 'voting fodder' by large European states, looking to rubber-stamp new and oppressive measures which disempower the masses



  20. [Meme] Don't Mention 'Brexit' to Team UPC

    It seems perfectly clear that UPC cannot start, contrary to what the EPO‘s António Campinos told the Council last week (lying, as usual) and what the EPO insinuates in Twitter; in fact, a legal challenge to this should be almost trivial



  21. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States

    How unlawful EPO rules were unsurprisingly supported by Benoît Battistelli‘s friends in Baltic states; António Campinos maintained those same unlawful rules and Baltic connections, in effect liaising with offices known for their corruption (convicted officials, too; they did not have diplomatic immunity, unlike Battistelli and Campinos)



  22. Links 21/10/2021: GIMP 2.99.8 Released, Hardware Shortages, Mozilla Crisis

    Links for the day



  23. How Oppressive Governments and Web Monopolists Might Try to Discourage Adoption of Internet Protocols Like Gemini

    Popular movements and even some courageous publications have long been subverted by demonisation tactics, splits along unrelated grounds (such as controversial politics) and — failing that — technical sabotage and censorship; one must familiarise oneself with commonly-recurring themes of social control by altercation



  24. [Meme] Strike Triangulations, Reception Issues

    Financial strangulations for Benoît Battistelli‘s unlawful “Strike Regulations”? The EPO will come to regret 2013…



  25. [Meme] Is Saying “No!” to Unlawful Proposals Considered “Impolite”?

    A ‘toxic mix’ of enablers and cowards (who won’t vote negatively on EPO proposals which they know to be unlawful) can serve to show that the EPO isn’t a “social democracy” as Benoît Battistelli liked to call it; it’s just a dictatorship, currently run by the son of a person who actually fought dictatorship



  26. IRC Proceedings: Wednesday, October 20, 2021

    IRC logs for Wednesday, October 20, 2021



  27. [Meme] EPO Legal Sophistry and Double Dipping

    An imaginary EPO intercept of Administrative Council discussions in June 2013...



  28. Links 21/10/2021: PostgreSQL JDBC 42.3.0 and Maui Report

    Links for the day



  29. [Meme] [Teaser] “Judge a Person Both by His Friends and Enemies”

    Fervent supporters of Team Battistelli or Team Campinos (a dark EPO era) are showing their allegiances; WIPO and EPO have abused staff similarly over the past decade or so



  30. 'Cluster-Voting' in the European Patent Office/Organisation (When a Country With 1.9 Million Citizens Has the Same Voting Power as a Country With 83.1 Million Citizens)

    Today we examine who has been running the Finnish patent office and has moreover voted in the EPO during the ballot on unlawful "Strike Regulations"; they voted in favour of manifestly illegal rules and for 8.5 years after that (including last Wednesday) they continued to back a shady regime which undermines the EPO's mission statement


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