Thursday, June 13, 2013

One Nation, Under rule of Isolated Dumb Deities, With Idiocracy and Mediocrity for All

Association of Molecular Pathology v. Myriad Genetics


In the movie, "Idiocracy", actor Luke Wilson plays the role of an Average-IQ Joe ("Joe Bauers") who is transported into a future where every American is so dumb that Joe turns out to be the smartest man in America.
How dumb are they all?

So dumb that they don't know to irrigate their crops with "isolated" (pure) water.
They all believe that a drink called "Brawndo" (a spin on Gatorade) has to be used for everything (including feeding their crops) because ...

because "it's got electrolytes".


They have no clue what these electrolytes are and why they are "good". This taken on pure faith.

Today, June 13th 2013, America has sunken deeper into its inevitable "Idiocracy" future thanks to the U.S. Supreme Court decision on patenting of "genes".


At least one of the Justices (Scalia) admits he has no idea what an "isolated gene" is; but in his being one of the "Supremes", one of the isolated deities who rule America, he must agree that the thing he fails to understand is nonetheless not patent "eligible":
"[Admittedly, I don't grasp the] fine details of molecular biology. [Even though] I am unable to affirm those details on my own knowledge or even my own belief [it] suffices for me to affirm [their idiocracies], having studied the opinions below and the expert briefs presented here, that the portion of DNA isolated from its natural state sought to be patented is identical [...IDENTICAL...] to that portion of the DNA in its natural state; ..."



Welcome to Idiocracy USA --we got electoral college "lytes"


At least a few sites get it on how "sketchy" the Supremes are in their science:
The Supreme Court’s Sketchy Science

Supreme Court bungles the science in DNA patent decision

Wednesday, May 29, 2013

Down the Parrot Hole with CLS and Alice


In law school, students are taught to parrot
the words of "AUTHORITATIVE" sources. The blue pill.
Pith hath no zenith higher
than Blue Book perfect citation to precedential and on point squawking.

Parroting the verbiage of a drunkard who
is discovered foaming at the end of a strip mall alley
buys you no bonus points.
But ah, to quote the learned words
of a Judge Learned Hand,
that be a thing of jurisprudential beauty.

For what doth it gaineth
a legal scholar
to have original thought ...


when quotation from authoritative mouth piece
does so much better (for one's career)?

And so it is that we find ourselves
beating back against the waves
of a judicial Idiocracy emerging out of patent law decisions
such as that of CLS versus Alice

Here, each judge parrots
the gibberish of a previous judge,
and the latter repeats from yet another predecessor,
and so on ad infinitim until the nonsense
rises into the form of a living, breathing monster.

Ultimately, corporations become "people".

Machines become mere "abstractions".

Reality becomes just a draftsman's illusion.
And jurisprudential delusion substitutes in for reality.

Wednesday, May 15, 2013

On Software Patents and Soft Think Judges, Humpty Dumpty Comments


Howdy !


My name is Humpty Dumpty

Come sit a spell with me.


Yes, up here on the wall.
Fresh air.
Sunshine.

You know, it's an odd thing.

When the sun enlightens me,
my thoughts get slightly poached
and then scrambled beyond comprehension.
Do bright things do that for you too?
Consider my deep blue thoughts
on the issue of "Software Patents".


I've always said that
I am the master of my thoughts.
My thoughts are not masters over me.
And therefore, "When I use a word, it means just what I choose it to mean, neither more nor less."
Federal Judges operate under the same principle.
They exert command over reality, not the other way around.
The bright sunlight meanings that they project onto words illuminate us all!

Consider as example, this "brilliant" statement:
"When a claim recites patent-ineligible subject matter it is invalid under 35 U.S.C. §101"
EXAMPLE 1: What is claimed is: A support means for a judge's dairy aire
comprising:
(1) two arm rests;
(2) one buttocks cushioning means;
(3) three flimsy legs to tilt upon; and
(4) a cranial rest means upon which to prop one's heavy headed thoughts.

This claim recites the numbers, 1, 2 and 3; all ineligible.
Ergo, EXAMPLE 1 fails under 35 U.S.C. §101.
One merely needs to seek out the right words within a claim and put a leash around them so as to become their master and not let the other words (the "insignificant" words) clutter one's thoughts.

Let's see how gettin' rid of them "insignificant" words works in another similar situation.
Don't run away
and leave me a sittin' on this wall all alone,
tottering on the edge of excitement.
Hang on.
This next part will be a truly White Rabbit experience for you.
 (Click more to see the next example)

Monday, May 13, 2013

And one pill makes you 10 feet small --Go Ask Alice (v. CLS)

During a tour of the set of the popular TV show "Big Bang Theory",

a tired Judge Pauline Newman collapses into


the chair of one of their props, the H.G. Wells Time Machine.
Her eyes barely start to close when the time wheel behind her spins into motion.
Faster and faster. Crazy fast.

The music begins to blast.

With no warning, it all transforms into an image of a spinning compass needle, "directing" its aim to all manner of targets, real and abstract.

Then it deforms once more, into to a top view of a Wizard of Oz tornado.
The witch on broomstick begins her hideous screech.

With a thunk,

Perilous Pauline finds herself
dead dropped into the Land of the Mental Munchkins

"We represent the anti-software patents league,"
they began in sing song syncopation, ...
"... the anti-software patents league, ... the anti-software patents league, ...

The mayor steps forward.
"Welcome to the County of Go Ask Alice,"
he proclaims

"Here in Go Ask Alice County, all is not as it seems.
A machine is not a machine, a process is not a process.
They are mere words; "tools" if you must.
Tools in an abstract twisty worded world.
Fundamentals of a fundamentally defunded mentality.

We hold these truths to be self evident:
Claims should not be coextensive with a natural law, natural phenomenon, or abstract idea

They should be violative of "science"
and of all mode of rational ideation!
Only "nonabstract" ideas (no such thing) are allowed.
Heads you lose. Tails means patent haters win.

Don't believe me?
Go ask Alice (v. CLS)

Monday, March 18, 2013

AIA 3-16-2013 Willkomen

35 U.S.C. 102
Conditions for patentability; novelty.
(a) NOVELTY; PRIOR ART.
--A person shall be entitled to a patent unless--

(1) the claimed invention
was patented, described in a printed publication, or in public use, on sale,
or otherwise available to the public
before the effective filing date of the claimed invention; or

(2) the claimed invention
was described in a patent issued under section 151,
or in an application for patent
published or deemed published under section 122(b),
in which the patent or application, as the case may be,
names another inventor and
was effectively filed before the effective filing date of the claimed invention.

(b) EXCEPTIONS.-- ...

Wednesday, February 27, 2013

Mr. Gorbachev, We too want to ... Tear Down Our Patent System Walls ... just as you guys did ... so we can HARMonize with you ... be like you

Brick by brick,
and mortar layer
by next layer,
the US Congress is tearing down
the treasured US Patent System
so that we can be in "HARMony"
with them who don't value inventors and their inventions.

So that we can be like ...
Mr. Gorbachev.

So that we can be like ...
the former and collapsed, USSR.

So that we can return to
the Dark ages,
force our Galileo's to recant,
become like ...
other backward nations
who devalue, discard and denigrate
their inventor subpopulation
(North Korea, ...).

Bill Targeting Patent Trolls Could Be First Nail in the Coffin

Trailblazing "inventors" are fakes. The "real" contributors are them who copy the inventors and call that "entrepreneurship" and "INNOVATION".

Friday, February 15, 2013

Obama: Patent and Inventors-hater in Chief?

Jump to time point 16:03/47.03 to see the Q&A

Has Obama become
the Patent/
Inventors-hater
in Chief?

Obama Calls Patent Trolls Extortionists That 'Hijack' People's Ideas

And TECH DIRT is just lovin' it:
from the TD didn't-expect-that dept

Let's roll back the selective amnesia tapes:


Sept. 16, 2011: Obama praises and signs the new & improved America Don't Invent No More Reform Act (ADINM-RA; a.k.a. the Leahy-Smith Patent Act of 2011)

He says: "“I am pleased to sign the America Invents Act. This much-needed reform will speed up the patent process so that innovators and entrepreneurs can turn a new invention into a business as quickly as possible, ... Here in America, our creativity has always set us apart, and in order to continue to grow our economy, we need to encourage that spirit wherever we find it.””

Yes we can
Out-innovate
Out-BS
Out-DoubleSpeak
Any other greatest exceptional nation on this planet,
or better yet
in the whole freakin' Galaxy!

Einstein returns from dead
to brow beat Obama
on his Uncle Tom-foolery
re patents





The
America Don't No More
Patent Act
blow by
anti-inventor
blow


More ....


Bonus video:
Non-lawyer teaches you how to shoot your own IP rights in the foot
Click here for your I want to shoot my foot off kit