Bonum Certa Men Certa

The Federal Circuit Bar Association (FCBA) Will Spread the Berkheimer Lie While Legal Certainty Associated With Patents Remains Low and Few Lawsuits Filed

Recent: Number of US Patent Lawsuits Was More Than 50% Higher Half a Decade Ago

Summary: New figures regarding patent litigation in the United States (number of lawsuits) show a decrease by about a tenth in just one year; there's still no sign of software patents making any kind of return/rebound in the United States, contrary to lies told by the litigation 'industry' (those who profit from frivolous lawsuits/threats)

THE U.S. Patent and Trademark Office (USPTO) can grant all the patents it wants; that still does not mean that such patents are necessarily enforceable.



Meanwhile, the European Patent Office (EPO) keeps promoting software patents in Europe -- a matter that escalated under António Campinos and a subject we shall cover tomorrow.

"Things will only exacerbate if Iancu (of the litigation ‘industry’) further reduces the standards of examination and squashes Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) little by little."The more these patent offices diverge/deviate from courts, the worse the presumption of validity will get. They voluntarily reduce the legal certainty associated with their patents (US patents and European Patents).

Earlier today Patent Docs published this ad for FCBA (intentionally misleading name), which is pushing the Berkheimer lie. This was then boosted by Janal Kalis and said:

The Federal Circuit Bar Association (FCBA) Patent Litigation Committee will be offering a webcast entitled "Litigating ۤ 101 Issues After Berkheimer" on November 14, 2018 from 3:00 pm to 4:30 pm (EST). Irene Yang of Sidley Austin LLP will moderate a panel consisting of Peter Menell, Koret Professor of Law, The University of California, Berkeley School of Law; and Jared Bobrow of Herrington & Sutcliffe LLP. The panel will discuss the legal underpinnings of Berkheimer, the implications of Berkheimer for resolving ۤ 101 issues before trial, and practices for litigating and trying ۤ 101 issues in district court.


So a panel moderated by the litigation 'industry' will consist of a law professor and the litigation 'industry'. Where are the people who actually deal with technology? Conveniently omitted/excluded as usual? Of course.

In talking about "ۤ 101 issues in district court[s]" they will just prop up the lie that Berkheimer was something revolutionary -- a claim that we've debunked about half a dozen times before, citing relevant data.

Regardless of what they say about district courts or even the Federal Circuit (which they are not associated with, regardless of their dishonest name), the numbers continue to speak for themselves.

Sanjana Kapila, a Managing IP writer from London, is citing Docket Navigator (whose docket reports suddenly stopped at the end of summer). According to this, patent litigation data/figures in the US show a "8% decrease from the third quarter of 2017," continuing a trend that has lasted about half a decade, not only because of 35 U.S.C. ۤ 101 and Alice/SCOTUS (2014). To quote Kapila:

Data: US patent case filing in the third quarter continued the 2018 trend of lower levels of litigation. Managing IP reveals the rankings for the first nine months of 2018

Data pulled from Docket Navigator on November 7 shows that 1,035 district court patent litigation cases were filed in the third quarter of the year. This is an 8% decrease from the third quarter of 2017 when 1,123 cases were filed.


The certainty associated with bogus software patents is so low that few even bother filing lawsuits. Things will only exacerbate if Iancu (of the litigation 'industry') further reduces the standards of examination and squashes Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) little by little.

Recent Techrights' Posts

Loss of Technical Merit(ocracy)
"buzzword diplomas"
World Wide Web: Only Criminals Would Want Real Security and Vouch for Themselves When They Use Encryption
In "modern" browsers, the podlock icon probably does not mean what users might think it means
[Meme] OSI Digging Its Very Own Grave (With Microsoft)
The very latest blog post from OSI is a hoot
Geminispace is More Trustworthy (and Private) Than the World Wide Web
Unlike the Web, Geminispace does not route the lion's share of traffic through a collective of spying companies
 
Links 10/10/2024: TikTok's Legal Problems, WeblogPoMo Challenges
Links for the day
[Meme] European Patent Convention and Vienna Convention Became Only Fictions (Laws and Constitutions Are Now Works of Fiction in Europe)
A political crisis and blunder
Almost a Thousand EPO Staff Protesting to EPO Member States That the Office Illegally Grants Software Patents and Other Invalid European Patents
"The outcome confirms that the concerns about the EPO’s ability to grant legally sound patents remain"
Junk Science
science is being compromised for business purposes
[Meme] Dismantling .io (Stick a Fork, the Hype is Done)
NVIDIA is an excellent new example of hype driving up fictional "value"
UNIX is 55 This Year, It is 6 Years Older Than Microsoft
It should be noted that the surviving co-creator of UNIX, Ken Thompson, 'moved' to GNU/Linux (Debian) in recent years
This Year, for the First Time Since August 2019 (Bill Gates MIT Scandal, Jeffrey Epstein Bribes), libreplanet-discuss Was Inactive an Entire Month
The MIT injustice remains and recent "libreplanet" events were held in a venue that's not MIT and far less prestigious than MIT (the "Wentworth" imitation)
[Meme] Different Ending for Jurassic Park
UNIX in old movies
Evolution of Hype
Passing fads and rebranding
Groklaw Will Hopefully Come Back
Sites should be able to run for decades with hardly any human role/interaction, but that's not where we are...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 09, 2024
IRC logs for Wednesday, October 09, 2024
Gemini Links 09/10/2024: YouTube Woes, Post-Truth Slop
Links for the day
Nothing Will Be Secure and Robust to Failure Until Microsoft Windows is Eradicated and/or Disconnected From the Internet
Every system has limited capacity, Windows botnets push things to their limits
GNU/Linux Took Off at the BSDs' Expense (Amid Telecom Lawsuit) and the Rivalry Persists Because Microsoft is Negligible in the Server Space
UNIX or POSIX is the future
Links 09/10/2024: Samsung's Fall, Tensions Growing Near China
Links for the day
Gemini Links 09/10/2024: Retroware and gmlgcd 2.0
Links for the day
Links 09/10/2024: Microsoft's Surface Duo 2 Officially Dead, X/Twitter Shutdown in Brazil, and "OpenAI Is A Bad Business"
Links for the day
Technology: rights or responsibilities? - Part III
By Dr. Andy Farnell
[Meme] Bill Gates With a Side of "Linux"
Linux Foundation is trolling us with Bill Gates
Once Again Linux Foundation Makes It Clear It's Being 'Absorbed' by Bill Gates
Linux Foundation devotes about 2% of its budget to Linux
Links 08/10/2024: Australian Fines for Twitter (X), Fake Patent Courts Still Not Scuttled
Links for the day
World Wide Slop
If it quacks like a duck...
IBM is a Boys' Club
If IBM collapsed, the Red Hat engineers who work on GNU and Linux would simply work elsewhere (on the same projects)
The Miserable State of GAFAM
Looking for government handouts
Microsoft is Acting Like a Company That's Running Out of Money (But Still Pretends to be Wealthy in Order to Attract or Retain Shareholders)
Azure has had mass layoffs every year since 2020, yet Microsoft keeps telling shareholders that "clown computing" is growing
Dr. Andy Farnell's Article on Societal Disorganised Attachment and the Role of Social Control Media
The article is quite long and typos were still being fixed as recently as last night
Smear Alert: Linus Torvalds Asking for Better Commit Messages Makes Linus a (Grammar) Nazi
Maybe the "mainstream media" is looking for clickbait or maybe it's actively looking to make a scandal - a phony controversy with which to make the job of coordinating Linux unpleasant
Gemini Links 09/10/2024: Climate Doom and Clagrange
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 08, 2024
IRC logs for Tuesday, October 08, 2024
Dr. Andy Farnell's Article on Why Passwords Still Rock
"Seven for a secret never to be told"
[Meme] Driver Issues
Where do you want to drive today?
The Problem Isn't That New Cars Use Electricity But That They Use Too Many Bits of Electronics
"...and proprietary software wrapped in proprietary APIs and protocols all without a modicum of compartmentalisation," an associate adds
We're Turning 18 in 30 Days
30 days from now the site turns 18
GNOME Foundation Says It's Nearly Broke (Again), It's Getting Rid of More People (Only Women Get the Boot), and It Will Improve Communications and Transparency Even Though It Secretly Ousts People From the GNOME Foundation Board (for Secret Reasons)
It only talks about this months later (under strict gag orders, only public shaming of a person)
Gemini Links 08/10/2024: Guilt by Association, Workers vs Owners
Links for the day
Links 08/10/2024: War Updates, Samsung's Layoffs, and Gemini
Links for the day
Another Dose of Fake 'Articles' About Linux
Don't give visibility to the nonsense of Microsoft
Links 08/10/2024: Microsoft Deleting Office Documents Instead of Saving Them, "Threads Still Sucks"
Links for the day
gemini.techrights.org and techrights.org (Same Server, Not the Same Protocol)
We're reminding readers that everything in this site is fully accessible via gemini.techrights.org in Gemini Protocol
X Has Axed Itself. This is Great News and Further Affirmation of Everything We've Said About Social Control Media.
Don't waste any more time on social control media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 07, 2024
IRC logs for Monday, October 07, 2024
Gemini Links 08/10/2024: Contingency Begets Complexity, Playing With Bezier Curves
Links for the day