Bonum Certa Men Certa

Patent Lawyers, Having Lost Much of the Battle for Software Patents in the US, Resort to Harmful Measures and Spin

The gentler equivalent of Donald Trump discrediting a US-born judge for being "Mexican"?

Justice Breyer ad hominem



Summary: A quick glance at how patent lawyers and their lobbyists/advocates have reacted to the latest decision from the US Supreme Court (Justice Breyer)

TECHRIGHTS isn't too shy to mock those who mislead the public in order to attract business. They're selling snake oil.



Earlier today we found this piece from IP Watch which took the side of patent holders [sic] as if they and they alone are the ones who matter. This is rather typical and very much expected from so-called 'IP' sites. Dugie Standeford (publishing behind a paywall) tells/covers only one side of this debate -- the much smaller side. The narrative is not complete.

"Personal attacks on SCOTUS Justices (especially Justice Breyer) are again quite tactlessly thrown into the mix, with focus on the same Justice whose intelligence was attacked before (see above)."IAM, which is funded by patent law firms and even patent trolls, is once again lobbying for software patents, trolls and many others that lose in the Cuozzo decision last covered here this morning (yesterday's rant was apparently not enough for this author). Earlier today he selectively mentioned people supportive of his position (i.e. IAM's sponsors). Just remember that IAM is not a news site but a lobbying campaign dressed up as 'reporting'. It's an advocacy site for EPO management as well, so it's important to see what these guys (yes, all male) are up to.

Personal attacks on SCOTUS Justices (especially Justice Breyer) are again quite tactlessly thrown into the mix, with focus on the same Justice whose intelligence was attacked before (see above). And for what? Simply for daring to put an end to (or helping towards the end of) software patents and by extension patent trolls in the US? Watch the ad hominem parts therein. How shameful. Over at Patently-O, which is a lot more professional, two related decisions are named as "their impact could shape the business model of patents licenses as property."

Actually, patents are not property but a time-limited monopoly on an idea, a concept, and sometimes a mechanical design or chemical recipe etc. SCOTUS is not in any way challenging property rights. There's nothing physical at stake.

"Actually, patents are not property but a time-limited monopoly on an idea, a concept, and sometimes a mechanical design or chemical recipe etc."Speaking of physical things, this new post from the Docket Report indicates that €§ 101 has just eliminated another bogus patent. To quote the original: "Similarly, a lawyer’s legal assistant may provide her with messages or mail in a manner that does not interfere with her primary activity: participating in a conference call. This could be accomplished at a certain time (delivering the message between telephone calls) or in a certain location (placing the message in the corner of her desk)."

It is truly satisfying and increasingly nice to see that all those bogus patents (on old ideas implemented in software) drop like flies. With few exceptions, no doubt, software patents continue to die in the US. For the first time in over a decade (since I started getting involved in this area), patent lawyers are on the defensive and they're terrified. Their software patents bubble is bursting and they might have to downsize a bit (maybe no yacht and one Ferrari fewer). Patents on algorithms are sinking like the Titanic in the very birthplace of software patents (it has been two years since Alice at SCOTUS; many patent applications get rejected now). It's great, unless one is a patent lawyer. Having been let down by SCOTUS, lawyers and attorneys now lean on [1, 2] CAFC, the nepotists' court that gave the US software patents in the first place (several decades ago with Martin Goetz). Incidentally, Patently-O writes about the very same case (Immersion Corp. v HTC Corp., which is effectively against Android/Linux) and it's not about patentability of software patents at all; it's about timing. Not much will come out of it and they're trying to find some small victory to distract themselves from the major defeat (Cuozzo).

"As always, we remain committed to fighting software patents wherever they appear."Funnily enough, in light of the Cuozzo decision Apple advocacy sites now pretend that Apple is fighting patent trolls when in fact it is Apple that acts like a massive troll, especially when it comes to its war on Android OEMs. Here is one such Apple advocacy site reminding us of Apple's patents hoard. Another site warns that "LinkedIn’s portfolio of over 1,000 families of granted patents, though only roughly half the size of Facebook’s, is on a par with Twitter’s." The LinkedIn deal with Microsoft "has a patent profile," says the headline. These are two companies which are very hostile with software patents, especially against GNU/Linux and Free software.

As always, we remain committed to fighting software patents wherever they appear. Software developers do not want them, whereas many of the above-mentioned parasites want them, in order to claw/grab the money earned by hard-working professionals that actually produce things.

Recent Techrights' Posts

[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
 
Nigeria: Windows Down to 6%, Android at All-Time High of 77%
Google is becoming the "new monopoly" in some places
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day