Bonum Certa Men Certa

Abolish the Supreme Court and Congressional Take on Patents, Says David Kappos, Just Listen to Mr. Kappos and Reinforce Software Patents

David Kappos Source: 2013 interview



Summary: David Kappos has turned from Director of the USPTO into a raving proponent of software patents, to the point of discrediting Congressional intervention and corrective judgments from the highest court in the United States

Some public officials are acting like professionals (don't mind EPO leadership). Some academics act professionally too. Professor Dennis Crouch, for instance, now finds himself growingly interested in the Supreme Court's cases and he wrote about an upcoming event on Monday (Intellectual Property in the Supreme Court): "I’m looking forward to the Federalist Society teleforum this Friday, April 8, 2016 at 2:00 pm EST on the topic: Intellectual Property in the Supreme Court."



"Mr. Kappos is a patent lawyer, a patents maximalist and increasingly a lobbyist for the rich and powerful."With all its flaws notwithstanding, the Supreme Court of the US is reasonably important and quite highly regarded, especially or more so after Antonin Scalia died. Who would be silly enough to chastise the Supreme Court and even Congress? Apparently the former director of the USPTO. How tactless.

David Kappos complained about SCOTUS in New York a week ago. He doesn't seem to accept the fact that software patents are dying in the US, owing to the historic judgment of the highest judges. Kappos is no judge and not much of an accomplisher either; he just spent many years at IBM, which is a software patents aggressor, then leaped into the USPTO, whose biggest client was IBM. Now he's lobbying for software patents, profiting from software patents, and writing papers in favour of software patents. Here is his latest such move ("Law360 Opinion: Time For Congress To Leave The Patent System Alone, by David Kappos").

"Maybe Kappos simply found out that there's more money in fame and lobbying than there is in other jobs."To quote Kappos: "The U.S. patent system has undergone a number of dramatic changes in recent years, including passage and implementation of the 2011 America Invents Act, six U.S. Supreme Court cases impacting patent laws, new administrative rules by the U.S. Judicial Conference, and actions by the Federal Trade Commission and state attorneys general. Many of these changes were needed to address abuses in the system, where frivolous patent suits have been used by “bad actors” to essentially extort payments from businesses after unfairly accusing them of infringement. However, the powerful effects from these changes undertaken by multiple branches of government strongly suggest Congress can prudently step back from further reshaping the patent system. It is time to let the system embrace its major recent changes and work out implementation issues before further reform is seriously considered."

Mr. Kappos is a patent lawyer, a patents maximalist and increasingly a lobbyist for the rich and powerful. He even writes whitepapers in favour of software patents. When is this going to stop? It's inapproriate as it makes both IBM and the USPTO look as though they intervene with policy and interfere with judge's work, even Supreme Court Justices.

The other day patents maximalists (also huge proponents of software patents) noted that the "resignation of David Kappos [...] coincidentally happened shortly after he gave a strong pro-software patent speech."

"How much further can one allow these opportunists to go?"Maybe Kappos simply found out that there's more money in fame and lobbying than there is in other jobs. We truly hope he'll stop. This discredits the whole framework of patents in the US.

According to this new article about PTAB the USPTO folks are trying to "tilt the playing field just a little bit back in their favour." To quote the whole thing: "Since they came into force in September 2012 the post-issuance reviews introduced by the America Invents Act have helped make life far tougher for US patent owners. Last week, however, the USPTO announced some changes to the rules governing the process which just might tilt the playing field just a little bit back in their favour."

How much further can one allow these opportunists to go? No doubt a lot of patent lawyers are concerned because more patents just mean more business to them, in the same sense that more wars mean more profit to arms manufacturers. "Several heads of new firms told C&E they've pursued patent protection despite business method and software patents facing greater scrutiny from the U.S. Patent and Trademark Office," says this new article. It later blames Alice (at SCOTUS) by stating: "These moves fit a pattern, established by Audience Partners, of pursuing patents of processes that most people in the industry believe can’t be patented. Moreover, they’re coming in wake of Alice Corp. v. CLS Bank International, the June 2014 Supreme Court ruling that seemed to tighten eligibility while invalidating some software and business-method patents. In fact, the Software Freedom Law Center, which represents not-for-profit developers, said at the time that the decision was “one more step towards the abolition of patents on software inventions.” "

"As the world moves further away from software patents (the US included) Kappos is working to do the very opposite."Patent lawyers only pay attention to Alice when software patents withstand scrutiny, as another new article ("One-Court Alice Backlash: Delaware’s Judge Robinson, Critical of Recent Trends, Upholds Software Patents in Three Cases") serves to show. To quote: "The trend? In applying €§ 101 since Alice Corp. Pty. Ltd. v. CLS Bank Int’l., 134 S. Ct. 2347 (2014), courts have given software patents a rough go of it. District courts frequently cite Alice to strike down software patents. And as Judge Robinson notes, the Federal Circuit, for its part, has not upheld a computer-implemented patent under €§ 101 since DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245 (Fed. Cir. 2014), the sole post-Alice victory for a software patent owner, issued a few months after Alice came down. See Improved Search at 8 & n. 4 (citing eight Fed. Cir. decisions striking down computer-implemented patents)."

To know that Mr. Kappos is some kind of anti-Alice (at SCOTUS) warrior these days helps us map him accordingly. As the world moves further away from software patents (the US included) Kappos is working to do the very opposite.

Update: It has just been pointed out to us [1, 2] that Kappos now works on a front group for several prominent proponents of software patents, including IBM (former employer), Apple, Microsoft, and HP. The following screenshot is self explanatory.

Kappos PAI

Recent Techrights' Posts

How Techrights Search Works
Hopefully bots won't use it
Techrights Became a Lot More Productive as a Result of Attacks on It
By default, it's safe to assume anything on the Web is garbage, especially in social control media
Unverified Rumours: IBM Cuts Will Continue Another ~10 Days, Managers Will Invite Those Impacted for 1-on-1 Meetings
Right now IBM likes diversity because with adoption of low-paid demographies it gets to pay workers less for the same work
analytics.usa.gov: Vista 11 Scarcely Used, GNU/Linux Increasingly Dominant (Microsoft Loses "Goodwill", Depletes Cash Equivalents, and Debt Soars)
"Total current assets" fell by more than 2 billion dollars in the past 3 months
Not Only Mass Layoffs at IBM But Complete Shutdowns "Amid A.I. Boom"
apparently about 10,000 layoffs, not counting those who got pushed out by PIPs and other means
Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
 
Early Unverified Figures About Scale of Latest IBM Layoffs
the real scale of the RAs will remain elusive
Coming Soon: Part 4 About the EPO's Substance Abuse (Breaking Laws to Fake 'Production' and Profiting From Unlawful Monopolies)
Notice how quiet the EPO's management has been lately
For the Record: We Never Named Staff of the Law Firm That's Attacking Us, Except the One the Firm is Named After!
Just to affirm and be sure, I've used our new search facility
Links 05/11/2025: Medicare Privatisation and "Breaker Box Economy"
Links for the day
Techrights Search Will Come Early
Maybe tomorrow
It Seems Like GNOME/IBM Don't Like Women and When Budget is Limited Only Women Take the Fall
Seems like a very patriarchal, GAFAM-controlled Foundation
"Last Day" as in "IBM Sacked Me" (Cruel Euphemisms)
"The entire design and research technical leadership at IBM was laid off in the past year, including this round"
Shadow Crew and Ads Disguised as Articles
That The Register MS runs articles that are paid-for fluff isn't unprecedented
Vista 11 "Market Share" Has Fallen This Month, Based on statCounter
The US government's own data shows the same thing this month
This is How Mainstream Media, Boosted or Parroted by Slopfarms, Spins IBM's Commercial Failure and Mass Layoffs as "AI"
Some say "software focus", but most just resort to buzzwords and blame-shifting hype
Resisting Misogynists
Rianne has already added close to 100,000 pages to this site
Starting November on a Strong Note
All in all, this month started well for us as we have good, accurate publications with considerable impact
Fake Retirements Help IBM Keep the Layoff Figures Down
Yesterday we read that it was quite cruel how IBM (or Red Hat) compelled staff to pretend to be happily leaving or "retiring" when the reality was, they had been pushed out with some "package"
Cocaine at the European Patent Office Now a Subject in YouTube, Media Will Revisit the Topic
"The Cocaine Patent Office" is no joking matter
Gemini Links 05/11/2025: "Wuthering Heights" and "Winter is Coming"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 04, 2025
IRC logs for Tuesday, November 04, 2025
2 Days Until Site Anniversary Party, Search Likely to Launch Same Day
We're now just two days away from the nineteenth anniversary of the site
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025