Bonum Certa Men Certa

Stupid Blogs, Stupid Lawsuits, and Stupid Patents

The troll hunter
Original



Summary: The stupidity of the patent microcosm, which would like to see everything in the world patented and which would gleefully smear or even sue its critics (the EFF was sued several times for libel over its "Stupid Patent of the Month" series)

GRANTING patents just for the sake of having more granted patents would be missing the point; that should be obvious. The more patents an office grants in error, the lower the perceived value of all. The EPO ignores such common sense, whereas the USPTO belatedly adopts it. A lot of US patents got invalidated in recent years, many of which after lengthy and expensive court battles. This left the perceived value of many others (tested neither by the Patent Trial and Appeal Board nor the courts) low enough to merit no lawsuit or 'assertion' attempts.



"A lot of US patents got invalidated in recent years, many of which after lengthy and expensive court battles."Patent maximalists aren't happy. Watchtroll is furious and frustrated. It has been posting lots of unrelated cruft/dross lately, not about patents or even so-called 'IP'. But yesterday Mr. Quinn (Watchtroll himself) was once again quote-mining Iancu -- the second time in a week -- to smear the status quo in the gradually-healed US patent system. Mr. Quinn then proceeded to his latest attack on judges, courts etc. The headline this time around (yesterday) was: "Did the Supreme Court intentionally destroy the U.S. patent system?"

He has been producing many headlines like this, especially in recent weeks. It is becoming rather laughable at this stage. An outsider who isn't from the patent microcosm might as well say, "what a stupid blog!"

To us, Watchtroll has always been like the 'Fox News' of the patent microcosm.

Speaking of stupid blogs, how about Patently-O, which has been feeding Watchtroll with links? As it turns out, there's a stupid new lawsuit against the USPTO. "Hyatt has filed a new mandamus action against the USPTO," Patently-O said yesterday, "as the next step in the 40+ year battle over his microcomputer patent applications. Hyatt has over 300 patents applications pending before the USPTO."

"To us, Watchtroll has always been like the 'Fox News' of the patent microcosm."So what? Anyone can submit an application. That doesn't mean anything. Patently-O recently gave attention also to a publicity stunt class-action lawsuit over PTAB. If it suits Patently-O's agenda, then hey, why the heck not?

Last but not least, in light of Facebook's history of patent aggression, the EFF's Joe Mullin has just announced the latest "Stupid Patent of the Month," alluding to "poor-quality Internet patents" from Facebook. As Mullin put it:

Earlier this month, Facebook announced that it will wedge its way into an already-crowded corner of online commerce. The social networking site plans to use its giant storehouse of personal data to create a dating service, promising to help users find “meaningful relationships,” not just “hookups,” as Facebook CEO Mark Zuckerberg put it.

It remains to be seen whether Facebook’s new service be a “Tinder-killer” that users flock to, or a flop for a company that’s long been beset with privacy concerns. But there’s one thing Facebook, its competitors, and its detractors should all be able to agree on. When a new dating service launches, it should rise or fall based on whether it can win the trust of users—not an arbitrary race to the Patent Office.

Unfortunately, well before it built and launched an actual dating service, Facebook engaged in just such a race. The company applied for a stupid patent on “social dating” back in 2013, and earlier this year, the Patent Office granted the application.

[...]

To be fair to Facebook, the company may have felt compelled to get its own stupid patent because there are so many other stupid online dating patents out there. In a phenomenon that’s the patent equivalent of “mutually assured destruction,” many tech companies have stockpiled poor-quality Internet patents simply to have a threat to fight off other companies’ poor-quality Internet patents. This arms race, of course, costs many millions of dollars and benefits no one other than patent system insiders.

In the world of online dating, wasteful, anti-competitive patent litigation isn’t just theoretical. Earlier this year, Match Group sued up-and-comer Bumble for patent infringement. The suit was brought shortly after Match reportedly tried to purchase Bumble. And in 2015, Jdate sued Jswipe, accusing their competitor of infringing U.S. Patent No. 5,950,200, which tried to claim the idea of notifying people that they “feel reciprocal interest for each other.” It was a basic patent that sought to encompass just about the whole concept of a dating service.


We cannot stress strongly enough that we're not against patents; we are pro patent quality. We believe that the number of patents should be limited based on strict scope and merit thresholds. Sites like Watchtroll, on the other hand, want us to believe the lie that the more patents get granted, the better off innovation will be. In practice, overpatenting has the exact opposite effect. People who are genuinely interested in innovation and contribute to innovation often ask for restrictions on patent scope, fearing the prospect of unwanted lawsuits.

Recent Techrights' Posts

Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
 
Chris Rutter, ARM Ltd IPO, Winchester College & Debian
Reprinted with permission from disguised.work
[Video] Microsoft Got Its Systems Cracked (Breached) Again, This Time by Russia, and It Uses Its Moles in the Press and So-called 'Linux' Foundation to Change the Subject
If they control the narrative (or buy the narrative), they can do anything
Links 19/04/2024: Israel Fires Back at Iran and Many Layoffs in the US
Links for the day
Russell Coker & Debian: September 11 Islamist sympathy
Reprinted with permission from disguised.work
Sven Luther, Thomas Bushnell & Debian's September 11 discussion
Reprinted with permission from disguised.work
G.A.I./Hey Hi (AI) Bubble Bursting With More Mass Layoffs
it's happening already
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 18, 2024
IRC logs for Thursday, April 18, 2024
Coroner's Report: Lucy Wayland & Debian Abuse Culture
Reprinted with permission from disguised.work
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day
North America, Home of Microsoft and of Windows, is Moving to GNU/Linux
Can it top 5% by year's end?
[Meme] The Heart of Staff Rep
Rowan heartily grateful
Management-Friendly Staff Representatives at the EPO Voted Out (or Simply Did Not Run Anymore)
The good news is that they're no longer in a position of authority
Microsofters in 'Linux Foundation' Clothing Continue to Shift Security Scrutiny to 'Linux'
Pay closer attention to the latest Microsoft breach and security catastrophes
Links 17/04/2024: Free-Market Policies Wane, China Marks Economic Recovery
Links for the day
Gemini Links 17/04/2024: "Failure Is An Option", Profectus Alpha 0.5 From a Microsofter Trying to Dethrone Gemini
Links for the day
How does unpaid Debian work impact our families?
Reprinted with permission from Daniel Pocock
Microsoft's Windows Falls to All-Time Low and Layoffs Reported by Managers in the Windows Division
One manager probably broke an NDA or two when he spoke about it in social control media
When you give money to Debian, where does it go?
Reprinted with permission from Daniel Pocock
How do teams work in Debian?
Reprinted with permission from Daniel Pocock
Joint Authors & Debian Family Legitimate Interests
Reprinted with permission from Daniel Pocock
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day