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Patents Roundup: IAM's Claims About India, Lawyers' Patent Bias, ITC for Microsoft, and PTAB Against Kyle Bass

Urbis



Summary: Another weekly summary, focusing on issues that pertain to or affect Free software in particular

THIS post looks at the past week's news and groups the news by topic.

Software Patents in India



The patent maximalists from IAM wrote at the very beginning of this week that "India is becoming more receptive to software patents", despite the fact that software patents are not allowed in India. IAM is framing India's policy as a bad thing: "Two subject areas have long dominated critiques of the Indian patent system by foreign (and especially US) companies and government bodies: pharmaceuticals and software. But, the recent release of new guidelines for the examination of computer related inventions (CRIs) by the Indian Patent office (IPO) provides the latest sign that the country may be headed in a more software-friendly direction. That has the potential to affect not just filing activity in the country, but also efforts to sign up licensees there."

We have not seen this anywhere else in the media, only in IAM, which is strongly biased on favour of software patents. India is hopefully not falling into the software patents trap at the same time that the US is cracking down on software patents (court rulings post-Alice and consequently new examination guidelines).

ITC Defends Microsoft



"For years, despite lack of fairness, the ITC has helped Apple (US-based company) ban rival imports."The 'International' Trade Commission is not international at all; it's a US apparatus for US megacorporations, as we have shown before. Now that Microsoft hypocritically complains the ITC defends one patent troll (Microsoft) from another (smaller) patent troll, based on several news reports [1, 2, 3, 4].

This whole episode mostly serves to show how biased the ITC really is. For years, despite lack of fairness, the ITC systematically helped Apple (a US-based company) ban rival imports. This affected only rivals from east Asia. The ITC bureaucracy ought to be challenged. Who does it really serve?

Patent Bias



Watch patent lawyers and propagandists at IP Watchdog pretending everything is great and that even patents on business methods are possible, post-Alice. They're asking questions like, "Are Patents Getting Their Mojo Back?" Well, the very opposite is true.

Prof. Mark Lemley of Stanford Law School recently came up with an eye-catching headline, "Faith-Based Intellectual Property". It's the title of a paper whose abstract bemoans policies that are based on dogma rather than reality. The abstract states: "The traditional justification for intellectual property (IP) rights has been utilitarian. We grant exclusive rights because we think the world will be a better place as a result. But what evidence we have doesn’t fully justify IP rights in their current strong form. Rather than following the evidence and questioning strong IP rights, more and more scholars have begun to retreat from evidence toward what I call faith-based IP, justifying IP as a moral end in itself rather than on the basis of how it affects the world. I argue that these moral claims are ultimately unpersuasive and a step backward in a rational society."

The term "faith-based IP" (ignoring facts, embracing dogma) resembles the terms often used in the copyright debate, where the wishes and the interests of the very few (moguls and middlemen) outweigh public interests. It's class war. Controversial new laws are being used to authorise passage of wealth and power to few plutocrats' hands -- plutocrats who also happen to bribe politicians for these laws to be passed.

Meanwhile, a plutocrats' oppressive tyranny uses a famous casino's hotel (I was there earlier this year just to look around) in order to harbour more ‘IP’ nonsense, as covered by IP Kat (with its new policy for comments) in a four-part series [1, 2, 3, 4], concluded by this final (belated) part. Watch how lawyers collude or conspire in super-expensive places to just monopolise things; public input has zero impact on their decisions or findings.

PTAB Versus Kyle Bass



Kyle Bass was mentioned before, but rarely regarding the patent pressure he was using to crash companies (we covered this once before, but not in great depth). According to this, "Kyle Bass, the hedge fund manager who filed a number of inter partes review petitions against pharmaceutical companies, has struck terror into the shriveled hearts of the pharmaceutical industry. The first petitions he filed were against Acorda Therapeutics, and its stock dropped on the news.

"The pharmaceutical industry immediately started lobbying to change IPR procedures to make themselves invulnerable. Senator Coons even offered an amendment to the PATENT Act to block IPR petitions from anyone who hasn’t been sued for patent infringement. (The amendment failed.)"

PTAB's involvement is noteworthy here. There's more about PTAB in IP Kat and bigger sites for lawyers [via]. To quote the most prominent article: "Kamholz was on the front lines as the America Invents Act (AIA) remade the PTAB and created new proceedings that revolutionized patent litigation. About 60 new administrative judges, many with prestigious resumes in private practice and government service, have joined about 25 veterans of the PTAB’s predecessor, the Board of Patent Appeals and Interferences, to take on most of the inter partes reviews (IPRs) and covered business method reviews to date."

Here too we have patents being used by billionaires (or at least millionaires) to rig the market. When will more people out there realise who the patent regime really serves?

Recent Techrights' Posts

[Meme] His Lips Moved
Here is your national "news" for today
statCounter: GNU/Linux Exceeded 6% in Asia Last Month (Compared to 4% Just 12 Months Earlier)
numbers may be biased
What the End of Journalism Looks Like
All on the same day
Links 01/03/2024: Microsoft 'Retiring' More Services and Raspberry Pi Celebrates 3rd Birthday (Launched on February 29th, 2012)
Links for the day
Women's Empowerment
Sponsored by Bill Gates
Gemini Links 01/03/2024: Speed Bumps and Analog Stuff
Links for the day
[Meme] Those Greedy EPO Examiners
Says the litigation industry, charging 300 euros an hour per attorney
EPO Discriminates Against Families of Its Own Workers, the Union Explains Legal Basis Upon Which It's Likely Illegal and Must be Challenged
To the Council, the EPO boasts about its wealth (seeking to impress by how much breaking the law "pays off")
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 29, 2024
IRC logs for Thursday, February 29, 2024
Links 01/03/2024: Misuse of Surveillance Against UK-Based Journalism, EPO Conflict Now in the Media
Links for the day
Taking a Break From Paid Promotion of the Illegal, Unconstitutional Kangaroo Court for Patents (UPC)
JUVE returns to its 'roots'?
FSFE admits losing funds from bequest by insulting and ignoring Fellowship representative
Reprinted with permission from Daniel Pocock
Gemini Links 29/02/2024: Raspberry Pi Incus Cluster and Aya 0.5.0 Coming Soon
Links for the day
Links 29/02/2024: Layoffs at Apple, Expedia, and Electronic Arts
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Gemini Links 29/02/2024: Web Enshittification and Firefox user-agents
Links for the day
Spiked Piece/Censoreed Piece: 'Microsoft Copilot is a gimmick', says top CIO
Issues relate to connectivity and cost
Enrico Zini, Mattia Rizzolo, Plagiarism & Debian
Reprinted with permission from Daniel Pocock
[Meme] Clergy of GNU/Linux (Corporations Like IBM)
Volunteers as powerless "followers" of companies that "harvest" their labour
There Will Be Lots More Apple Layoffs (Already Years in the Making)
The corporate media still tries to shape the narrative to prevent panic or delay market hysteria
Latest SUEPO (Staff Union of EPO) Report For The Hague Reveals EPO Does Not Obey Court Orders, Refuses to Allow Workers to Freely Talk to One Another
working in a place where communication itself is restricted
[Meme] The Oppression Will Continue Until EPO 'Quality' Improves
wonder why EPO morale is so low?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 28, 2024
IRC logs for Wednesday, February 28, 2024
Outreachy, GSoC-mentors & Debian-Private may soon become public records in federal court
Reprinted with permission from Daniel Pocock
Links 28/02/2024: Many War Updates and Censorship
Links for the day
Gemini Links 28/02/2024: Social Control Media Notifications and Gemini Protocol Extended
Links for the day
Links 28/02/2024: Microsoft the Plagiarist is Projecting, Food Sector Adopts Surge Pricing
Links for the day
Helping Microsoft 'Hijack' Developers (to Make Them Work for Microsoft, Not the Competition)
VS Code is proprietary spyware of Microsoft. Jack Wallen keeps promoting its use.
Gemini Links 28/02/2024: Groupthink and the 'Problem' With Linux
Links for the day
Android Rising (Windows Down to All-Time Lows, Internationally)
This month was a bloodbath for Microsoft
HexChat Looks for Successors to Keep IRC Growing
IRC is far from dead
[Meme] Just Make Him Happy
Y U no produce more monopolies?
End of a Long February
top 10 posts
[Meme] The EPO's Relationship With Patent Examiners
Nobody is "safe"
New Pension Scheme (NPS) at the European Patent Office Explained at the General Assembly
Investing in the future, or...
Donald Trump & FSFE Matthias Kirschner election denial
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 27, 2024
IRC logs for Tuesday, February 27, 2024