Wednesday, August 16, 2017

Shellacking the Chicken Shell

Which came first, the chicken or the unscrambled egg?

The abstract idea or the adding on of the generic computer?

The irrational thought or the false logic?

Ignorance or basking in its bliss?

Those skilled in the rhetorical art of false choice menus will appreciate that many a proposition are defective even before they are hatched. For example, by proposing that the abstract egg came first and then the generic hen was added on to sit on that egg for reason of conventional and routine development ignores the possibility that the egg came from someplace, perchance a non-abstract and non-conventional laying hen. A something more of significance to those who can comprehend it.

In the case of:
VISUAL MEMORY LLC v. NVIDIA CORPORATION

the question is whether the claims are an independent shell with no connection to the specification (a black box onto itself) or whether the claims are part of an integral whole in which the specification concludes with the claims.

Appellate Judge HUGHES(dissenting) argues:
"Claim 1, for instance, claims a system comprising a main memory and a cache connected to a bus, with a "programmable operational characteristic" that "determines a type of data stored by said cache." '740 patent col. 6 11. 28-38. The claim does not provide any specific limitations on the "programmable operational characteristic," making it a purely functional component. The "programmable operational characteristic" is nothing more than a black box for performing the abstract idea of storing data based on its characteristic, and the patent lacks any details about how that is achieved. The remaining computer elements in the claims (cache, memory, bus) are nothing more than a collection of conventional computing components found in any computer."

Blindsight is of course 20/20 times * zero (0).
The subject US Patent 5953740 dates back to 1990 and
uses an archaic Computer Design descriptor Language known as CDL
The microfiche of the patent describes in detail the modules of Fig. 2 using the CDL language.

Does Judge HUGHES(dissenting, BA Harvard 1989) understand any of this?
Highly unlikely.

Thursday, July 6, 2017

One thing We Americans don't need: Inventors

Today's title of the post is a take off on this op-ed:
"One thing we don’t need is stronger patents"

That's right.
If God had meant us to invent,
He would have evolved us to have brains.
D'Oh!

Wednesday, May 17, 2017

Easy it comes to us, Easy it goes to us

Whom is this "us" to which inventions come easy?
And to whom inventions go easy?

Why, it's U.S.; your trustable, reliable, honest as Abe government.

EASYWEB INNOVATIONS v. TWITTER

Yes, you sucker-born-yesterday inventors worked hard to come up with your inventions in the first place.

Yes, you gullible-believer inventors paid large moneys to your attorneys to scriven up the detailed applications.

Yes, you trusting inventors fought hard with the Patent Office to get your claims allowed (and paid the Patent Office AND your lawyers for the entire process).
It was a hard fought upward battle.

Yes, the US Government stamped your applications approved and led you to believe you had "exclusive" rights in "your" inventions.

Yes, the US Constitution says its your invention or discovery and the government is supposed to "secure" exclusive rights for you in "your" respective invention or discovery.

But as they say, ha ha, a new sucker is born every day.
Easy come, easy wipe out.

EASYWEB INNOVATIONS v. TWITTER

"In sum, all the claims are directed to the abstract idea of receiving, authenticating, and publishing data, and fail to recite any inventive concepts sufficient to transform the abstract idea into a patent eligible invention."

Thursday, April 20, 2017

Trade secrecy versus the progress of science and the useful arts

(Click on image to read about "Guilds".)

Trade secrecy is not only anti-innovation, it is anti-science.

Science requires that the proponent of a new theory/hypothesis lay out all his/her cards on the table so that others can rigorously test it.

If you say that you have a new data encryption scheme that others cannot easily crack with current technology then put it out on the table and let the hackers have a go at it.

If you say that you have a new cancer treatment protocol that has higher efficacy, then put it out on the table and let the clinical trial labs actually field test it.

What Mr. Levy is proposing (in this web positing) is anti-science. It is the anathema of real science for biotech companies to forever hide their secret sauces and not let others test them.

This exactly why patents are necessary.

So that real science can take place on a transparent playing field.

So we can “promote” the progress of science and the useful arts.

Friday, April 14, 2017

Crash Landing on Planet of the Orange-Haired Apes

It already happened.
So get over it.
We ARE on the Planet of the Orange-Haired Apes.

The problem at hand is how to tell them ....
"Take your stinking paws off my science you damn simpleton primates!"

It would not be an insurmountable problem if it were JUST the leader of the "free world" who was scientifically illiterate.

Or if it was also the Supreme judges who were scientifically illiterate. (Which they clearly are.)

It's the fake news aping press that's the problem.
Even these critters, the ones who are supposed to stand guard at the gates and yell about the Emperor marching with no clothes on in cases where all other checks and balances have failed, they too can't get anything right. That is a grand scale insurmountable problem.

Take this Gawker article where the author gets it 180 degrees wrong.
It wasn't Justice Scalia who was half way off his rocker. It was the rest of the Supreme bench and the reporter as well. Scalia to his credit was having a tinge of doubt where in fact the rest of the Court was in the wrong chemistry class (the fake science class). An "isolated" molecular fragment is not identical to the long chain compound from which it was selectively cleaved. (Hint: methane is not "identical" to heptane. If you think otherwise you fail organic chemistry 101.)

Or take this other article posted under the name of the American Council on Science and Health.

They got part of it right in noting: "The [Supreme Court] Justices tried to simplify the argument by making analogies to things like chocolate chip cookies, Amazonian jungle plants [plucking leaves off banana trees] and [lathing] baseball bats."

But then they go on to back up one of the Justices: "Justice Sonia Sotomayor said that if someone invented a new way to extract the ingredients of a cookie, a company still wouldn't be able to patent its ingredients. I can't imagine getting a patent simply on the basic items of salt, flour and eggs, simply because I've created a new use or a new product from those ingredients, she said."

At the end to their credit, they question the wisdom of the Myriad decision: "... preventing innovators, even (or especially) in biologicals and biotechnology from making sufficient profit on their work will have a strong chilling effect on R&D in this field."

However, consider next this Richard Dwakins Foundation article... "In one puzzling opinion, he [Justice Scalia] admitted that he wasn’t sure whether he accepted the reality of molecular biology. In another, he wrote that “creation science” (that is, creationism) was a legitimate “body of scientific knowledge” and that public schools can teach “whatever scientific evidence there may be against evolution.” And in a dissent contesting the federal government’s duty to combat climate change, he shrugged that the court’s “alarm over global warming may or may not be justified.”(to be continued)

Friday, March 24, 2017

The Hitchiker's Guide through the Judicial Hall of Patent Pending Shame

One ancient adviser said, "Forgive them for they know not what they do."

Is that the correct stance?
Do they forgive others as they willst forgiveness unto themselves?

Or maybe we should say, "Understand them for they know not what they do, but forgive them not"?

Welcome to the Judicial Hall of Patent Pending Shame.

First up on our wall of shame is Justice Stephen Breyer, philosopher king and historian extraordinaire .... According to Breyer J. Egypt's King Tut had an all powerful Abacus Man. Breyer's 'Bacus Man could do extraordinary things. Like tallying up all the chits in Egypt's entire kingdom on his tiny 4 beads per symbol bronze abacus machine. Breyer's 'Bacus Man could also telepathically connect instantaneously to all corners of the realm so that he knew in real time when "solvency" ceased to exist for any of the kingdom's numerous accounts. What a man!

We should try to "understand" the debating points made by the Honorable Breyer J. After all, he majored in "philosophy" while going for his undergraduate at Stanford and then in a combination of "philosophy" and "economics" at Magdelen College at Oxford University.

Mind you there is nothing "fundamentally" wrong with studying "philosophy" and "economics" except for one minor detail.

You see, these areas of scholastic effort are wholly divorced from physical reality.

They don't account for the friction between the shell beads and bronze rods of the Tut's 'Bacus Man abacus. Or for the amount of energy needed to make those beads whiz back and forth along the metal rods as the chit data comes flashing in by carrier pigeon at 100,000 bead bits per second. Then there is the wear and tear on these parts and time out for repair and replacement.

Of course, in Plato's cave all is merely shadow flashing as illusions on the cave wall. So Breyer is freed from concerns about physics, metallurgy, chemistry, thermodynamics, Shannon's theory of information transfer and what not. He can make up fantastical hypotheticals that include characters with omnipotent powers and tunnel visions. The Supremes themselves have tunnel vision when they don't want to admit that Le Roy v. Tatham (SCt. 1852) got "metallurgy" wrong. The strain cooled lead is different from cast lead. Strain cooled lead can have a significantly different micro-structure. But heck. What's reality got to do with it when you enter Philosopher Breyer's cave?

Second up on our wall of shame are the dumbnamic duo of Justice Anton Scalia and Clarence Thomas.
No one celebrates the recent passing of Justice Scalia.
However, that said, it can't be ignored that this "originalist" deliberately ignored the Constitutional recognition of inventors having "rights" to "their" respective discoveries per Article I, section 8, clause 8 of that sacred document.

Scalia writes: "I join the judgment of the Court, and all of its opinion except Part I—A and some portions of the rest of the opinion going into fine details of molecular biology. I am unable to affirm those details on my own knowledge or even my own belief. It suffices for me to affirm, 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 to that portion of the DNA in its natural state; and that complementary DNA (cDNA) is a synthetic creation not normally present in nature." --ASSOCIATION FOR MOLECULAR PATHOLOGY v. MYRIAD GENETICS, INC. (SCt. 6/13/2013)

JUSTICE THOMAS delivered the opinion of the Court and writes: "For the reasons that follow, we hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, ... the study of genetics can lead to valuable medical breakthroughs. ... Myriad after it made one such medical breakthrough. Myriad discovered the precise location and sequence of what are now known as the BRCA1 and BRCA2 genes. ... Myriad was not the only entity to offer BRCA testing after it discovered the genes. ... Judges Lourie and Moore agreed that Myriad's claims were patent eligible under §101 but disagreed on the rationale. Judge Lourie relied on the fact that the entire DNA molecule is held together by chemical bonds and that the covalent bonds at both ends of the segment must be severed in order to isolate segments of DNA. This process technically creates new molecules with unique chemical compositions. ... Myriad did not create or alter any of the genetic information encoded in the BRCA1 and BRCA2 genes. The location and order of the nucleotides existed in nature before Myriad found them. ... Myriad did not create anything. To be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention. ... Myriad found the location of the BRCA1 and BRCA2 genes, but that discovery, by itself, does not render the BRCA genes "new . . . composition[s] of matter," §101, that are patent eligible. ... "

Sunday, March 12, 2017

Silence of the Autistic Savant Lambs

Why do inventors get taken advantage of?

And by advantage, I don't mean simply in the business world.

Calling inventors, autistic savant lambs is an extreme exaggeration of course. Most are not Rain Man. Instead some may have a slight tint of introversion, preferring to deal with things as opposed to people.

There are however, many a ruthless business people all too eager to take advantage of the lack or lessening of people skills among the inventor class. That constitutes taking advantage at level one of Dante's underworld.

Way way lower, deeper in the bowls of Dante's realm, reside those who are supposed to be acting in loco parentis, to protect the legal rights of the inventor class. These include the courts, the Patent Office and the IP centric academia.

We are talking about those who, instead of protecting, take gleeful joy in dissecting and destroying the vulnerable inventor class.

(("Nice of you to ask Clarisse. I'm having an old friend for dinner."))

Food for thought (so to speak) ... still under consideration and construction