Bonum Certa Men Certa

Paul Janicke, Paul Morinville and Gene Quinn Romanticise a World of Patent Trolls and Frivolous Litigation

Because they profit from that (patent fights, wherein they're the hired participants)

Grrrrrrrr



Summary: The reform/reorg of the US patent system (restricting the scope of patents and litigation) is being constantly blasted not by people who practice technology but by those who practice law (i.e. lawsuits, threatening letters and so on)

Professor Paul M. Janicke, who comes from University of Houston Law Center (i.e. Texas, as the apple doesn't fall far from the tree), has just published this long guest post in a blog of patent maximalists. "I have now been a registered patent attorney for 50 years," he discloses, and "I feel it is time to consider some major surgery on the patent statute..."



OK then, we're all ears. Is the USPTO in need of improving patent quality at long last? No, of course not! The patent maximalists with their lunacy (greed rather) would have us believe that the system is too tough and strict. Or that it needs to be loosened and made more lenient...

"The patent maximalists with their lunacy (greed rather) would have us believe that the system is too tough and strict. Or that it needs to be loosened and made more lenient..."In Janicke's own words: "You usually have to fight [sic] off multiple IPRs in the Patent & Trademark Office, during which time any infringement suits you have filed are likely stayed. If your client’s patents survive [sic] the PTO proceedings, you then have to battle [sic] against the much wider field of prior art established by the America Invents Act. For example, foreign patents used to be effective as prior art as of their grant or publication dates; now they are secret prior art as of their foreign filing dates. Time bars of public use and on sale, formerly limited to U.S. activities, are now expanded to world-wide events. And some kinds of prior art were removable by showing an earlier invention date, but that option is now gone. Meanwhile the remedies section, €§271, has not changed in any meaningful way. No wonder patent infringement suits filings have dropped 30% as of June 30 of this year, compared to two years earlier."

So what? Who suffers from that? Patent law firms, obviously. Like those that paid perhaps million dollars in salaries to Janicke over the years (decades). We've put "sic" in the above in order to highlight Janicke's gross inversion of narratives, wherein the aggressor (plaintiff) is somehow under "attack", merely "fighting" a "battle" to "survive". Guess who started the fight. These people often equate patent judges with "death squads" like they're the "gestapo" or the "SS". It's an abhorrent distortion of reality, but that's just how extreme these people have become. They don't seem to care about justice, about due process, about the facts etc. If prior art exists somewhere to invalidate or refute claims of novelty, how is that a bad thing? We should welcome facts, we should strive for justice. With patents, as with anything else, the burden of proof should be wholly on the accuser.

"We've put "sic" above on order to highlight Janicke's gross inversion of narratives, wherein the aggressor (plaintiff) is somehow under "attack", merely "fighting" a "battle" to "survive".""A Decade Of US Patent Reform Must Be Undone," says Watchtroll's (Paul Morinville and Gene Quinn) latest headline. That's how they started this week or weekend because it's Labor Day in the US. Guess what they profit from... what a bunch of bullies. We don't even wish to bother refuting this nonsense because we've done it many times before. Watchtroll is like a broken telephone, constantly complaining about SCOTUS, the Federal Circuit, the Patent Trial and Appeal Board (PTAB) and inter partes reviews (IPRs), not to mention 35 U.S.C. ۤ 101 which voids a lot of software patents at the U.S. Patent and Trademark Office (USPTO) and outside it.

Steve Brachmann, a hired writer of Quinn (neither of them can be considered a practicing technologist), constantly blasts politicians who side with technology companies. "Tang and Van Slyke Inducted into National Inventors Hall of Fame for Development of OLED Display Technology," says Brachmann in yesterday's headline. Coming from a site that keeps bashing science and attacking technology companies (Watchtroll does this every week; here's a recent example), that's just rather amusing to say the least.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
 
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day