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

Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
 
SLAPP Censorship - Part 180 Out of 200: A Third Act, (Mis)Using Your Client's Application to the Court for Your Own Purposes as a Law Firm (Reputation Management and Censorship)
How much can a lawfare firm get away with?
Canonical Has Withdrawn Ubuntu 24.04.5 Installer Due to a Critical Bug Connected to Microsoft-Controlled Restricted Boot and TPM
already breaking systems running GNU/Linux [...] Who asked for TPM in Linux?
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026