Bonum Certa Men Certa

Patent Law Firms Have Become Debased and Intolerant of Courts/Judges, Just Like EPO Management

Patent quality is against their business model, which strives for many patent awards and lawsuits (like weapon sales and wars, respectively)

Book of judges



Summary: A few new observations regarding the unreasonable position of patent law firms, which wrongly assume that a patent being granted implies it oughtn't be scrutinised any longer (they want something like a religion, not science where mere claims/hypotheses can be questioned based on their merit)

THE management of the EPO is renowned (or notorious) for attacking judges, refusing to obey court orders, and consciously breaking many laws, knowing that it enjoys diplomatic immunity and thus wouldn't be held accountable. If accountability existed, there would already have been many arrests at the EPO (of the management). There are dozens of possible counts/charges. What we like about the US patent system is that no diplomatic immunity exists there, which means that officials cannot just do as they please without consequences. There are in fact many lawsuits against the USPTO (their directors, e.g. Lee, Iancu etc.) and the USPTO often loses these cases.

"What we like about the US patent system is that no diplomatic immunity exists there, which means that officials cannot just do as they please without consequences."Recently, a case against revocation of patents was lost at the highest level. Oil States determined (or Justices decided) that it's perfectly OK for the USPTO to take patent away (after granting them). The patent microcosm was up in arms and rants on the subject have since then gradually subsided. They just have to learn to live with it.

Joseph Robinson and Robert Schaffer are almost two weeks late in covering this Patent Trial and Appeal Board (PTAB) case which saw an inter partes review (IPR) burden of proof passed to the patent holder. To quote Watchtroll (yesterday's post):

Sirona Dental Systems GmbH appealed the final written decision of the Patent Trial and Appeal Board (“Board”) holding claims 1-8 of U.S. Patent No. 6,319,006 were unpatentable as obvious over the combination of German Patent No. 195 10 294 (“Bannuscher”) and U.S. Patent No. 5,842,858 (“Truppe”), and denying Sirona’s contingent motion to amend the claims. Institut Straumann AG and Dental Wings Inc. (collectively, “Petitioners”) cross-appealed the Board’s decision holding patentable claims 9-10 of the ‘006 patent. The Federal Circuit, in an opinion authored by Judge Moore and joined by Chief Judge Prost and Judge Stoll, affirmed-in-part, vacated-in-part, and remanded-in-part. Sirona Dental Sys. GMBH v. Institut Straumann AG, Nos. 2017-1341, 2017-1403, 2018 (Fed. Cir. June 19, 2018).


In our view, the burden of proof should always be 100% on the claimant. No patents should be presumed valid, especially in an atmosphere of trigger-happy patent trolls and grant-leaning examiners. This is the only way to assure true justice, as we argued in our previous post.

"In our view, the burden of proof should always be 100% on the claimant. No patents should be presumed valid, especially in an atmosphere of trigger-happy patent trolls and grant-leaning examiners."Patent maximalists do not agree with us because they're paid to think differently. To them, making it harder to pursue patents and to sue is an impediment to their 'free market' of recklessness (sending threatening letters, fooling examiners and so on). Case of point? Charles Bieneman.

Lacking any recent outcome in favour of software patents at the Federal Circuit, Charles Bieneman now cherry-picks a district court case, looking at a case almost 3 weeks old! (June 12th, 2018)

It's about 35 USC ۤ 101 (Alice/Mayo) and Bieneman wrote:

Patent claims directed to providing output in tactile patterns on a mobile device to provide an encoded message have survived a 35 USC €§ 101 patent-eligibility challenges under the Alice/Mayo test. In Ironworks Patents LLC v. Apple, Inc., No. 17-1399-RGA (D. Del. June 12, 2018), the court denied the defendant’s motion to dismiss for failure to state a claim under FRCP 12(b)(6).


Appeal to the Federal Circuit and see how this gets overturned, as usual.

"The courts are belatedly correcting decades of errors, which yielded millions of low-quality patents and tens of thousands of lawsuits."Charles Bieneman then wrote about prior art (mostly Section 102 (35 USC ۤ 102), the subject of an upcoming SCOTUS case). He said this:

Where distinct physical concepts recited in a patent claim and applied prior art are related and can achieve same results, do not count on being able to distinguish teachings of the prior art. In Mobileye Vision Technologies Ltd. v. iOn Road, Ltd., No. 2017-1984 (Fed. Cir. June 12, 2018) (non-precedential), a patent claim recited determining “a likelihood of collision responsive to whether or not the lateral displacement substantially uniformly approaches zero.” The Federal Circuit held this claim obvious, under 35 U.S.C. €§ 103, over prior art showing use of a constant lateral velocity, rather than lateral displacement, to determine a point of intersection. Accordingly, the court agreed with both the patent examiner in inter partes review, and the Patent Trial and Appeal Board (PTAB), that claim 6 of US Patent No. 7,113,867 would have been obvious over a combination of references including US Patent No. 4,257,703. Where distinct physical concepts recited in a patent claim and applied prior art are related and can achieve same results, do not count on being able to distinguish teachings of the prior art. In Mobileye Vision Technologies Ltd. v. iOn Road, Ltd., No. 2017-1984 (Fed. Cir. June 12, 2018) (non-precedential), a patent claim recited determining “a likelihood of collision responsive to whether or not the lateral displacement substantially uniformly approaches zero.” The Federal Circuit held this claim obvious, under 35 U.S.C. €§ 103, over prior art showing use of a constant lateral velocity, rather than lateral displacement, to determine a point of intersection. Accordingly, the court agreed with both the patent examiner in inter partes review, and the Patent Trial and Appeal Board (PTAB), that claim 6 of US Patent No. 7,113,867 would have been obvious over a combination of references including US Patent No. 4,257,703.


This is a fairly recent example where the Federal Circuit -- not some district court -- does the usual thing. As we noted a couple of hours ago, the Federal Circuit is increasingly the subject of attacks from the patent microcosm and, as we noted last night, SCOTUS as well. This is getting ridiculous. What next? Will patent lawyers just march with pitchforks to the headquarters (main office) of the USPTO? These people very clearly forget what the patent system was originally made for (before it got hijacked by the patent 'industry'). The courts are belatedly correcting decades of errors, which yielded millions of low-quality patents and tens of thousands of lawsuits.

Recent Techrights' Posts

Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
 
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work