Wednesday, January 29, 2014

State of the Unleashed Dogs Speech (#SOTUDS)

America, it seems, is filled with eager packs of "innovative" smartphone dogs all biting at the chomp for the chance to be "UNLEASHED" onto the free markets so they can "innovate", come up with the next GREAT American Discovery and surge onward and everwards against that forward revolving "Wheel of Progress" --but only of course, if we first rip all the enforcement teeth out of their chomping gums (see HR 3309).

From Obama's 2014 SOTU Speech:

"We know that the nation that goes all-in on innovation today will own the global economy tomorrow. This is an edge America cannot surrender.
Federally-funded research helped lead to the ideas and inventions behind Google and smartphones."

"That’s why Congress should undo the damage done by last year’s cuts to basic research so we can unleash the next Great American Discovery – whether it’s vaccines that stay ahead of drug-resistant bacteria, or paper-thin material that’s stronger than [Reardon] steel. And let’s pass a PATENT REFORM bill (a.k.a. HR 3309)that allows our businesses [(fogetta bout our inventors)] to stay focused on INNOVATION, not costly, needless litigation.

Now, one of the biggest factors in bringing more jobs back is our commitment to American energy. The all-of-the-above energy strategy I announced a few years ago is working, and today, America is closer to energy independence than we’ve been in decades. One of the reasons why is natural gas – if extracted safely, it [METHANE] is the bridge fuel that can power our economy with less of the carbon pollution that causes Climate Change."

"Cory is here tonight. And like the Army he loves, like the America he serves, Sergeant First Class Cory Remsburg never gives up, and he does not quit. My fellow Americans, men and women like Cory remind us that America has never come easy. Our freedom, our democracy, has never been easy. Sometimes we stumble; we make mistakes; we get frustrated or discouraged. But for more than two hundred years, we have put those things aside and placed our collective shoulder to the wheel of progress – to create and build and expand the possibilities of individual achievement; to free other nations from tyranny and fear; to promote justice, and fairness, and equality under the law, so that the words set to paper by our founders [**] are made real for every citizen [(even inventors --nah, not really)]. The America we want for our kids – a rising America where honest work is plentiful and communities are strong; where prosperity is widely shared and opportunity for all lets us go as far as our dreams and toil will take us"

(**Article I, Section 8:
The Congress shall have Power ...
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;

Friday, January 24, 2014

We, the Appellate Jury

When in the course of judicial events, there arises a need for the appellate to pull in the reigns of progress and take over the avocation normally reserved for experts of science, particularly if said experts might opine that things software are worthy of patent protection, then it behooves those of us on the appellate side of the bench to SUMMARILY override the normal route of due process and to find facts on our own without ever giving chance of voice to those who might know better.
Therefore, ...

Hold the Benjamin Franklin presses!
We have let those horses race ahead of us.

Politeness demands that we first introduce the actors
and the stage from which they perform.


The performing actors:
1.) Judge Lourie: Bachelor’s degree from Harvard University (1956), Master’s degree in organic chemistry from the University of Wisconsin (1958), Ph.D. in chemistry from the University of Pennsylvania (1965).
2.) Judge Dyk: A.B. from Harvard College in 1958
3.) Judge Taranto: B.A. from Pomona College in 1977

These "learned hands" have decided on their own that an ordinary doctor can perform in his head the operations of an inferencing engine:

Inference Engine
Inference engines are well known by those of skill in the art and need not be described further herein. Each knowledge base used by an inference engine according to the present invention is a collection of rules and methods authored by a clinical advisory panel of HIV-treating physicians and scientists. A knowledge base may have subjective rules, objective rules, and system-generated rules. Objective rules are based on industry established facts regarding the treatment of HIV using antiretroviral therapy and are drawn from the package insert information of antiretroviral drug manufacturers and from peer reviewed and published journal articles. An example of an objective rule would be an antiretroviral to antiretroviral contraindication such as:
Rule #1: If the eval therapy contains Zidovudine (AZT) and Stavudine (d4T), then reject the therapy.
US 6,188,988