Summary: A look at who keeps lobbying against Alice and where/how; also our assessment of why such lobbying won’t be getting them anywhere any time soon
AS PROMISED in our previous long post, here are some details about the lobby against Alice (i.e. for software patenting). The USPTO continues granting such patents, but in our previous post we showed that almost none of these can “survive” the courts. In other words, there’s a great disparity between granting and assertion in this domain. Certainty is extremely low for software patents.
“So he basically frames the rejection of software patents as “discrimination”. Amazing.”IBM and Watchtroll are probably the worst culprits when it comes to the lobbying; even more so than Microsoft. Here is IBM’s Manny Schecter citing Watchtroll/Gene Quinn (quite frequent an occurrence and Schecter also habitually writes for Watchtroll). “The patent system should not discriminate against certain technologies,” he wrote.
So he basically frames the rejection of software patents as “discrimination”. Amazing.
Watchtroll said: “Alice Who? Over Half the U.S. Utility Patents Issued Annually are Software Related!”
“Software is everywhere. But that does not mean that everywhere technology is used it boils down to software.”Terms like “software related” are nonsensical. Benjamin Henrion already responded to them with , “you mean it does not fit some technologies?”
Software is everywhere. But that does not mean that everywhere technology is used it boils down to software. Yet that’s the kind of ‘logic’ software patents proponents are attempting to leverage. The underlying article IBM links to is from a patent attorney, i.e. part of the patent microcosm.
“Microsoft too is among those trying to change the law in the US, in order to allow software patents chaos to resume (Microsoft’s blackmail relies on that).”“It is time to define the term ‘Abstract Idea’,” Watchtroll added. It couldn’t get any more obvious; they want Alice struck down under the guise of “clarity” that IBM pays David Kappos to play with.
It’s despicable. Microsoft too is among those trying to change the law in the US, in order to allow software patents chaos to resume (Microsoft’s blackmail relies on that). As this recent report put it: “The issue’s importance to biopharmaceutical companies was illustrated March 15 by an unlikely source—an executive from the software industry–which often has been at odds with the biopharma sector on Section 101. Speaking on the topic, Microsoft Corp.’s David Jones said, “The people having the hardest time, as much as we complain about software, are the ones with gene patents.””
Further down it refers to the IBM-led IPO initiative by stating: “The IPO proposed three new parts of Section 101. Section 101(a) would read: “Whoever invents or discovers and claims as an invention any useful process, machine, manufacture, composition of matter, or any useful improvement thereto, shall be entitled to a patent for a claimed invention thereof, subject only to the exceptions, conditions and requirements set forth in this Title.””
“Will all that lobbying manage to warp the debate though?”So it is crystal clear that they are still attempting to resurrect abstract patents, including software patents. Having said that, a lot of the above is from May and June (John T. Aquino’s article is from May) and things have been quiet since then. Back in May there were many articles like “IPO, AIPLA and ABA IP Section Propose Legislative Fixes for Section 101″, “AIPLA offers proposals to alter section 101″ and “AIPLA On Board with Statutory Reform of 101″. A month later there was almost nothing about it and in July there was nothing at all. It’s like they vanished. We should not, however, assume that they stopped trying. Arguably, what they worked on at the time (and to a certain degree did accomplish) is this notorious bill, the “STRONGER Patents Act” which is going nowhere (not even patent extremists like IAM believe it will ever materialise).
Will all that lobbying manage to warp the debate though?
“More reports that Examiners in 3600 are being instructed to conduct less stringent Alice analyses,” Patent Buddy wrote. Have they ‘scandalised’ Alice enough to have it de-emphasised? Well, maybe only at the patent office, but not the courts. The USPTO does not decide what patents will be upheld by judges. Back in May, patent attorney Mark Summerfield wrote about the subject and regarding a particular case, J Nicholas Gross (also patent microcosm) said: “In contrast to PTO, Fed judges continue to rely on principle of “no preemption” to deem patents eligible under 101…”
“The patent microcosm is focusing on exceptions to the norm, i.e. cases where software patents are miraculously upheld (even if by a low court).”Well, they actually do their job correctly. Even if examiners continue to grant software patents, judge will throw these away, merely reducing confidence in US patents and damaging the credibility of the US patent office.
The case at hand is Tecsec Inc. v Adobe Inc. and Mercedes Meyer wrote about it that “EDVA [Eastern District of Virginia] DENIES 12(B)(6) ELIGIBILITY MOTION – claims on 4 patents do not preempt and are inventive; Tecsec Inc. v. Adobe Inc. (5/23/17)…”
So it’s yet another one of many cases where software patents are ruled invalid.
Regarding another Tecsec case, Tecsec Inc. v International Business Machines Corporation (IBM), Docket Report wrote this: “The court denied defendant’s motion for summary judgment on the ground that plaintiff’s encryption patents encompassed unpatentable subject matter because the asserted claims were not directed toward an abstract idea.”
As noted in our previous report, this was the sole case (which we are aware of so far this summer) where software patents were tolerated, and these were only tolerated by a low court. The patent microcosm is focusing on exceptions to the norm, i.e. cases where software patents are miraculously upheld (even if by a low court).
“It seems clear that their last remaining hopes are on this piece of legislation that is already being opposed and condemned even by large corporations…”Is there much of a future (or any) to software patents? Well, that “STRONGER Patents Act” (misleading name) is dead in the water and we expect the momentum of the above lobby to have already been lost in the midst of SCOTUS rulings. We oughtn’t, however, lose sight of the lobbyists. The last thing they want is visibility (when they do their dirty deeds). A vocal software patents ‘lobbyist’, Steve Lundberg, is going mental over the demise of “medical”-washed software patents and other vocal ‘lobbyists’ seem equally perturbed. They can’t seem to get their way. Steve Lundberg is starting to sound like Bill Lumbergh with: “If you could grant me a software patent, That Would Be Great!”
Here is what he wrote:
One of the most disturbing stats related to medical software innovation. Inexplicably, it has been targeted as constituting largely only “abstract ideas” not worthy of patenting. This is another strong indication that the U.S. patent system is sorely in need of a legislative solution to the Section 101 problem that is now a runaway train on course to do major damage to the U.S. patent system and U.S. competitiveness in the technical software arts.
A couple of months later the Bill Lumbergh-like Steve Lundberg wrote in favour of stuff like “STRONGER Patents Act” (promoted also by Bastian Best).
It seems clear that their last remaining hopes are on this piece of legislation that is already being opposed and condemned even by large corporations (except the likes of IBM and Microsoft, which like to shake down companies and extort them for ‘protection’ money). █
STRASBOURG: Representative of Lufthansa Accused of Corruption
According to some international sources, it was on account of the corrupt and criminal tendencies with which he has been endowed by nature and which he used to assist international corporations in protecting dubious patents in the Republic of Croatia that Željko Topić was rewarded with a position at the EPO in Munich, although his skills and mindset indicate that he does not belong there. This is also indicated by the fact that this complex-ridden individual recently changed his place of residence in Zagreb.
IBM and Watchtroll, Together With Microsoft, Among the Driving Forces for Resurgence of Software Patents
A look at who keeps lobbying against Alice and where/how; also our assessment of why such lobbying won’t be getting them anywhere any time soon
Alice/U.S.C. § 101 is a Done Deal, Meaning Software Patents Are Effectively Dead in the US
A look back at this summer’s patent cases where software patents are consistently (almost without exception) invalidated by courts, owing to § 101 (U.S.C./SCOTUS/Supreme Court)
Patents Roundup: Cisco and Arista, MP3 Liberated, and ‘Phone (Patent) Tax’ Estimated
Some of the very latest reports about patents in the US and how these impact the market (costs, availability, and viability of Free/Libre Open Source software)
Links 23/7/2017: Wine 2.13, Krita 3.2.0 Second Beta, KDE Applications 17.08 Beta, GNOME 3.25.4, Debian 9.1 and 8.9
Links for the day
Patent Troll MPEG-LA Expands From Software Patents to Patents on Life While USPTO is Virtually Headless
The travesty of software patents, such as patents on multimedia compression and playback, may soon be made worse as patents on genome are being aggregated by a notorious patent aggressor
Lack of Independence of the Boards of Appeal at the European Patent Organisation (EPO) a Fatal Blow for the UPC
Issues associated with the EPC, namely the lack of separation of powers at the EPO, may mean that the UPC is merely a zombie waiting to accept its permanent death
[DE] STRASBOURG: Vertreter der Lufthansa wegen Korruption angeklagt
Laut manche internationale Quellen wurde Željko Topić gerade wegen korruptiven und kriminellen Neigungen, mit welchen er von Natur begabt ist und mit welchen er den internationalen Korporationen beim Schutz von zwielichtigen Patenten in der Republik Kroatien geholfen hat, eigentlich belohnt mit der Arbeitsstelle in EPO in München, obwohl er laut seine Kenntnisse und seine Mentalität dorthin nicht gehört. Dafür spricht auch die Angabe, daß er als Person mit Komplexen neulich seinen Wohnsitz in Zagreb geändert hat.
Links 21/7/2017: New Wine, Ubuntu EoL
Links for the day
The Bizarre World of US Patents and Ongoing Pursuit/Granting of Software Patents in Spite of Section 101
A survey of recent patents that are either far too trivial, pertain purely to software, promote surveillance, or are pursued purely for vanity (when a court is likely to deem these invalid anyway)
Battistelli’s EPO Abuses May Soon Lead to the Death of the UPC and Return of the Old Order (‘EPO Glory’)
Having severely damaged the EPO, in a selfish effort to make Europe attractive to patent trolls and bullies, Team Battistelli gradually goes away along with the UPC
Links 20/7/2017: Qt Creator 4.4 Beta, Libgcrypt 1.8.0
Links for the day
Microsoft is Googlebombing “Linux” This Week in Order to Sell Proprietary Software That Does Not Run on GNU/Linux (and While Blackmailing OEMs Over Linux)
A reminder of the fact that Microsoft very much hates GNU/Linux, lobbies against it (e.g. in Munich), blackmails companies that distribute it (using software patents) and shares all data stored by its software through back doors (for access by the NSA and other Western spy agencies)
PTAB Persists and AIA Dominates in Spite of Smears and Bullying From Patent Extremists Including Watchtroll
The America Invents Act (AIA) and the Patent Trial and Appeal Board (PTAB) maintain and gain prominence in spite of nefarious tactics of attack sites such as Watchtroll
Patent Reform in the United States is Led by the Supreme Court, Not Industrial Lobbies
Although lobbying by large corporations has served to change the patent landscape in the US, a lot of the big changes become possible because Justices with no vested interests (in patents and patent lawsuits) overturn decisions from the Court of Appeals for the Federal Circuit
Unified Patent Court (UPC): A Conspiracy of Lies and Silence
The impasse which makes impossible any progress on the Unified Patent Court (UPC) is simply being ignored — as if it never happened — by Team UPC
The British Government May be Pulling Out of the UPC Fantasy, Team UPC in Panic or Denial About It
The latest news about the UPC — news that Team UPC conveniently ignores — is that the British government “withdrew motion on Unified Patent Court with no notice”
Links 19/7/2017: MPV 0.26, Netrunner Rolling 2017.07
Links for the day
Links 18/7/2017: Sparky 5.0, Krita 3.2 Beta, Mageia 6, Slackware Turns 24
Links for the day
New Paper Explains Why UPC Ratification Efforts Have Been Just About as Corrupt as EPO Under Battistelli
Yesterday, Dr. Ingve Björn Stjerna revealed serious Constitutional issues with the campaign for the Unified Patent Court, which resembles an aggressive Battistelli-esque coup, not a democratic process by any stretch of imagination
Anti-Patent Trolls Reform in the US Evolves Nicely and Rogue Judges Get Named, Shamed
A quick look at today’s coverage regarding the battle against patent trolls in the US, as well as the patent microcosm’s war on the Patent Trial and Appeal Board (PTAB)
Software Patents Lobbying at IAM Strives to Reinforce the Positions of Patent Maximalists
The latest push for software patents in the software powerhouse which is India and rants about the EPO’s admission about overpatenting, only after pressure from the European Commission
UPC Puff Piece in the Scottish Media is Just an Advertisement by Marks & Clerk
Advertising in the form of an ‘article’ (complete with self-serving bias and falsehoods) in The Scotsman today, courtesy of Team UPC
From East to West and Even Down South at the Eastern District of Texas Patent Trolls Are Losing Everything
Patent trolls that are accustomed to friendly judges, typically in the Eastern District of Texas, will be circling down the drain if the trend of “fee award” (to the vindicated defendant) continues
Those Who Endlessly Attacked Michelle Lee Now Attack Supporters of PTAB, Not Just PTAB
Watchtroll, which combats patent progress by character assassination of instrumental figures, continues in its warpath today
In the Face of Malicious Lobbying, High Tech Inventors Alliance (HTIA) and Computer and Communications Industry Association (CCIA) Protect PTAB
A new push by the patent microcosm to eliminate PTAB and marginalise Section 101 (which helps suppress software patents) is quickly met with opposition from concerned politicians and groups that represent actual technology companies
Weakening of Patents Assigned to Google and Another New Patent Lawsuit Against Uber
Project Loon patent canceled, Google’s lawsuit against Uber gets ‘diluted’ by 75%, and Uber faces a new lawsuit in the Eastern District of Texas (capital of patent trolls)
After the ‘Fall’ of Texas, Patent Trolls Struggle and Some Are on the Retreat
Things are getting out of hand for patent trolls, which find themselves on the defensive (from challenges to all their patents) and try to escape the cases they started in order to dodge paying fees (to no avail)
Immersion, FitBit, Jawbone, and Creative Chose to be a Pile of Patents Rather Than Real Companies
FitBit is the latest company to be slapped by Immersion (having already driven Jawbone out of business) and there’s news about Creative, which uses old patents to shake down Apple and Android OEMs
Debate About Software Patentability in India Still Dominated by Patent Lawyers Rather Than Software Developers
The warped debate in English-speaking media gives the impression that India should open the door to software patents even though it’s perfectly clear that such patents would harm India’s interests