Monday, August 12, 2013

Hunting for FOXSEs under Troll Tale Bridge

Once Upon a Time ...

was asked to
write a business plan
on cleaning out the hen house.

The FOXSE (What is a FOXSE?)
proposed to eliminate the hens
and to pile on more and deeper Sh8 (PhD)
in order to hide the fact that the
real producers (the hens) were gone.

All the King's men
and all the full of Sh8 rears of horses
loved the "innovative" new idea.

If you shovel enough of the stuff
it will bury the truth.
(That the real producers are gone and
the facility is now 100% filled with PhD stuff.)

(What is a "FOXSE"?)
A FOXSE is a Full Of Xtra-Sh8 Entity
One that likes to make up Tall Troll Tales
instead of dealing with truth ...

One truth is that many a FOXSE don't
even know what a "patent" is.
(Click "More" for details)

In one article (here) about patents, a particular FOXSE (Posner) poses:

"The purpose of patent protection is to encourage innovation by giving the creative inventor temporary insulation from competition, to enable him to recover his upfront costs. ... Actually few markets have the characteristics of the pharmaceutical drug market. It seems to be the lone poster child for the patent system. There is a widespread belief among economists, scientists, and business people that the patent system is vastly overextended—patents granted too casually, patent terms too long, patent litigation too expensive and unreliable. "

Is it that hard for even a federal judge to understand what the patent system is about?


The one who comes in first
takes the tape
and takes home the prize.

All Johnny come seconds
go home empty handed
--even if they tried really really hard (boo hoo).

The Founding Fathers were not that dim
witted to not understand that "innovation"
would "eventually" happen.

They understood about "Global" competition.
They saw that the young America was losing the technology race
to the Brits, who were out-innovating, out-smarting the Americans
on almost all technological fronts. This was the "Sputnik" of 1776!

The Founding Fathers understood that they had
to create a competitive race inside the USA:

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

So wrote Thomas Jefferson (to Isaac McPherson August 1813)
(Almost exactly 200 YEARS AGO!)
"It has been pretended by some, (and in England especially,) that inventors have a natural and exclusive right to their inventions ... I am informed, that England was, until we copied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. ... it may be observed that the nations which refuse monopolies of invention, are [not quite] as fruitful as England in new and useful devices. ... the exclusive right to invention is given not of natural right, but for the benefit of society"

Commissioners for the Promotion of the Useful Arts; Edmund Randolph Henry Knox Thomas Jefferson]
In July 1790, the Patent Board approved a patent for Samuel Hopkins (1765-1840) of Pittsford, Vermont. On July 31, 1790, at the first national capital in New York City, the papers were signed by all the necessary parties and issued as a patent for a method of making potash and pearl ash by burning wood ashes a second time before dissolving them to extract potash. [footnote 5] Because the invention was in chemistry, probably no model was furnished. With no model required, it would have been possible to file the Hopkins application more quickly than was possible with applications for mechanical inventions. (source)

So far ...

We have merely
demonstrated that FOXSEs
don't know what "patents" are for
(why the Founding Fathers favored them)

So why do such FOSEs (Full Of Sh8 Entities)
deserve their X FACTOR?

(the factor that earns them the Xtra "X" in their FOXSE label)

It's not merely because they are so FOS
they don't know that they don't know
what patents are for

It's that they add all this Xtra
nonsense about "trolls"
about "Non-Practicing" entities
about "innovation".

The Pope is a "Non-Practicing" entity
(well in some things)
and that does not make him an evil troll.

Pure "Designers"
(those who design but do not "build that")
are "Non-Practicing" entities

Henry Ford (pictured on right)
did not personally mass produce
all those Model T's.

He merely issued instructions (a form of "ideas")
to his underlings who then
issued instructions to their underlings who then ...

is an "NPE". Indeed in the recent case of
Hamilton Beach Brands, Inc. v. Sunbeam
we discover that even among the big boys, they "didn't build that"
and instead they sent out a RFQ for someone else to "practice" it.

what this Troll-smackdown site asserts:

You may be asking yourself, what exactly is a patent troll? A “patent troll” is defined by the Ninth Circuit Court of Appeals as “a small company who enforces patent rights against accused infringers in an attempt to collect licensing fees, but does not [itself directly] manufacture products or supply services based upon the patents in question.” Essentially, a patent troll is someone who has an economic interest in the patent, but is not using the patent to create [directly manufacture?] his or her own products or services...

Do you realize how insane this is?
The "purpose" of a patent is to:
(1) Collect royalties from licensees
(2) Block competitors from practicing the claimed invention

One never "uses" one's patent to practice one's invention.

The FOXSEes lurk under the bridge ...
They need to be medicated.

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