Saturday, January 30, 2016

Where in the room is the "Villainous" pro-patentor?

Find out here: The secret "Villain" at the policy pundits get together

A question often comes up as to who is the odd man out at the poker or other "takers" table.

In the case of the fair and balanced CES 2016 IP policy meeting, it becomes clear who the "secret villain" is and who are the good fellas (takers).

Virginia is not for patent lovers

Thursday, January 28, 2016

Oh the Stuff they Stuff into Supreme Leaders' Head

One of the smartest men on the planet recently explained how the science thing works (sort of):

You get into a situation room with some of your smartest friends.

Oh, and to be fair and balanced, you bring in one dissenting voice (who isn't your friend).
Because you know, you have to hear all sides.
You test competing ideas.

You hear all the arguments, testing prodding.
That's how the scientific process works.

You figure out what makes this country great.
You figure out what the shared reality is.
Introspective soul searching gets you to the right answer.


That's how science works?
Introspective comprehension of how stuff works?

Amazingly, that is how the Supreme leaders at SCOTUS also operate.
Yes we can ---code up any abstract idea over weekend's time.
Yes we can ---splice up DNA just like you pluck a leaf off a tree.
Yes we can ---get smarter every day and promote the progress of science and the useful arts by de-securing exclusive rights of inventors and discoverers to their respective inventions/discoveries so that the truly-innovative ones can have their way.

Wednesday, January 20, 2016

Anonymous Loan Application Process in Pre-Internet Times

Those who are well versed in history know that applying for mortgages "anonymously" was conventional and routine business practice in the good old pre-Internet days.

Therefore there is no "something more" and truly inventive in MORTGAGE GRADER v. FIRST CHOICE LOAN SERVICES (Fed. Cir 2016)

Been there. Done that.
Face the Stark realities.

Federal Circuit Strikes Two Software Patents Under 'Alice'


Question for Patent Hawk: In your 1/22 blog post "The Unpatentable Mind" you are saying that with sarcastic tongue stuck in cheek, right?

Monday, January 18, 2016

2016 "Spirit of Innovation" includes AIA as fundamental building block (make it so)

T'was the day after SOTU
In the year 2016
And about the House of White
Or there in between,
There shone a renewed spirit of innovation, bright and alight.
Like none before seen.

Yes "we" can, shoot for the moon yet aggin' it was said
The Spirit of old St. Louise ain't quite yet dead

Innovation is the middle nucleotide in our name
Brother Biden go ignite Mission Control's faded flame
Beat them cancers and write some computer code too
Any engineerin' student ore' weekend Shirley this can do

Make it is so Captain Stewart says
Back to work you lazy eggs

Back to Work --The Spirit of Innovation


Biden's Cancer Moonshot Aims to Launch Us Deep Into Our Own Genomes

Thursday, January 14, 2016

Executive Level Competence in US "Sciencing the Heck" Out from under Our National and Global Problems

More than one among the post-SOTU 2016 analysts have focused in on the President's fantasies about We the People "Sciencing the Heck" out from under our national and global problems by uttering the same magic incantations that the Magnificent Nine of SCOTUS (Supreme Court of US) have already had us chanting, like "make it so" (Star Trek) or "apply it" (apply the abstract idea) by means of "computer code" or some other of those scientific whatnots that them STEM magicians clearly have buried in their Merlin's bag of tricks and can employ overnight ... or if need be, by way of a sleepless weekend stint.

One such analyst notes the President's call for the magic of "computer code":
"Science came up often in President Barack Obama’s final State of the Union address tonight ... he touched “helping students learn to write computer code” ... his proposals [included those] for advancing technology and invention, clean energy, curing cancer (hello, Joe Biden), and stopping climate change" ... During his wrap-up, Obama mentions that proverbial science student pulling an all-nighter: “I see it in the Dreamer who stays up late to finish her science project, and the teacher who comes in early because with some extra supplies he bought because he knows that young girl might someday cure a disease.”

To be continued? Obama speeches re "innovation"


Post-posting follow up:
Yes Virginia there is more than just the speech:
The Spirits of Innovation Past and Future

America’s spirit of innovation has always led us through any challenge. From walking on the moon to curing disease, [E]dison to the Wright Brothers, Grace Hopper to Sally Ride, we’ve reshaped our world for the better. And in this new century, we’ll need everyone’s ideas and talents to come up with the next big thing.

Investing in Research and Development – Invested in key research programs, including funding for basic research at the National Science Foundation, for energy efficiency and renewable energy, for health breakthroughs at the National Institutes of Health, and for defense research that is modernizing our military. Launched bold new initiatives in areas including brain research, precision medicine, smart cities, advanced materials, data science, and strategic computing and enabled a new era in space exploration, all leading to job creation and economic opportunity as well as new knowledge and prospects for better health and quality of life. Made the Research and Experimentation tax credit permanent, bringing certainty to companies large and small investing in innovation. Read more.

Tuesday, January 12, 2016

SOTU 2106: An Inventorless Union of We the "Innovators"

In State of the Union (SOTU) 2016, the Wright Brothers got honorable mention, not as inventors but as "innovators" as part of the collective, "we".

(Full source is here): ... What was true then can be true now. Our unique strengths as a nation — our optimism and work ethic, our spirit of discovery and innovation, our diversity and commitment to the rule of law — these things give us everything we need to ensure prosperity and security for generations to come.

In fact, it’s that spirit that made the progress of these past seven years possible. It’s how we recovered from the worst economic crisis in generations. It’s how we reformed our health care system, and reinvented our energy sector; how we delivered more care and benefits to our troops and veterans, and how we secured the freedom in every state to marry the person we love.

But such progress is not inevitable. It is the result of choices we make together. And we face such choices right now. Will we respond to the changes of our time with fear, turning inward as a nation, and turning against each other as a people? Or will we face the future with confidence in who we are, what we stand for, and the incredible things we can do together?

So let’s talk about the future, and four big questions that we as a country have to answer — regardless of who the next President is, or who controls the next Congress.

... Second, how do we make technology work for us, and not against us — especially when it comes to solving urgent challenges like climate change?

... In fact, many of our best corporate citizens are also our most creative. This brings me to the second big question we have to answer as a country: how do we reignite that spirit of innovation to meet our biggest challenges?

Sixty years ago, when the Russians beat us into space, we didn’t deny Sputnik was up there. We didn’t argue about the science, or shrink our research and development budget. We built a space program almost overnight, and twelve years later, we were walking on the moon.

That spirit of discovery is in our DNA. [And thus naturally occurring and not patent-able.] We’re Thomas Edison and the Wright Brothers and George Washington Carver. We’re Grace Hopper and Katherine Johnson and Sally Ride. We’re every immigrant and entrepreneur from Boston to Austin to Silicon Valley racing to shape a better world. And over the past seven years, we’ve nurtured that spirit [We've built that].

... We’ve launched next-generation manufacturing hubs, and online tools that give an entrepreneur everything he or she needs to start a business in a single day.

But we can do so much more. Last year, Vice President Biden said that with a new moonshot, America can cure cancer. Last month, he worked with this Congress to give scientists at the National Institutes of Health the strongest resources they’ve had in over a decade. Tonight, I’m announcing a new national effort to get it done. [**] And because he’s gone to the mat for all of us, on so many issues over the past forty years, I’m putting Joe in charge of Mission Control. For the loved ones we’ve all lost, for the family we can still save, let’s make America the country that cures cancer once and for all.


Post Scripts:
On listening again to the President's delivered speech (the above is apparently the pre-speech press release) it appears he replaced "We've done" this and that with "America" did this and that when actually giving the talk.

** Joe, give Justice Kennedy a call. He knows this 2nd year engineering student who can do 'incredible things' over the weekend.

Monday, January 11, 2016

Incompetent at Judging Other People's Incompetence

You already know (even if you didn't) that the Dunning–Kruger effect describes how incompetent people may be too incompetent to recognize their own incompetence.

But were you competent enough to know that it also describes how incompetent people may be too incompetent to recognize the incompetence of other people?

So say for example you are a supremely confident person, in fact a member of the Supreme Court and you got these "friends" of the Court otherwise know as amici curie. They tell you they are competent in matters of high technology. For example, they inform you that gene splitting is just like plucking leaves off of a tree. You believe them of course. They are your "friends". Your very very competent and trustworthy friends.

(See page 20 of BRIEF OF GENEDX AND LAW PROFESSORS "... and for that matter, the first person to climb up a banana tree, pull down a fruit, and peel it would have merited a patent on “isolated and purified” banana fruit")

Saturday, January 9, 2016

Finding Fair and Tilted Balance at CES 2016

A supposedly fair and distributed panel of pro-patent and not quite so pro personalities were slated to discuss the mythical mad hatted "troll" at CES 2016 on Jan. 8th under their "Innovation Policy" umbrella of idea sharing talks.

Among the slated speakers were Mike Masnick (of Tech Dirt fame), Congressman Darrell Issa (of troll slaying fame), and Michelle Lee (formerly with Google but now USPTO Director)

The panel was to explore the issue of "legitimate" inventors versus abused "innovative" businesses that bring good things to life.

According to one report, although the panel featured some of the leading critics of the current patent system and although in general the tech industry hates patent trolls, the industry is nonetheless starting to have good things to say about the government agency (USPTO) that issues the patents those trolls later wield in what amounts to a legalized extortion racket.


Post scripts:

Five (5) Reasons for USA= Great at Innovation does not include patent system

Washington comes to CES 2016 to address patent "trolls"

Troll Fatigue --the panel itself was provocatively [originally] titled “Clubbing the Trolls,” several of the panelists on either side of the debate agreed that they don’t like the term "patent troll”—with reform opponents saying patent asserters have been unfairly categorized as trolls

Tuesday, January 5, 2016

Puttin' Inventor Rights on Ice

Sometimes, ya all know, a patent owner can get an extreme case of the mendacities.

Thinkin' somehow that fancy in-puttin' of info-mation to the tune of a ("while") clock might be a real deal when in fact any reasonable country boy can tell ya all it's objectively unreasonable.

E.D. Tex. Finds Plaintiff’s Massive Litigation Campaign Asserting Patent Invalid Under Alice ‘Exceptional,’ and Awards Defendants Attorneys’ Fees

Case 2:15-cv-00541-JRG Document 133 Filed 12/17/15

"Claim 1 essentially describes the common process of receiving, labeling, and storing information, ... [thus] not prevent[ing] eDekka from obtaining a monopoly over the abstract idea of storing and labeling information. ... Th[is] Court did not need the benefit of claim construction to find that the claims were directed to an abstract idea."

Independent claim 1 of the '674 Patent provides as follows:

1. Method for storing information provided by a user which comprises:
in response to user input, receiving and storing information;
in response to user input, designating the information as data while the information is being received;
in response to user input, designating at least a portion of the information as a label while the information is being received;
in response to user input, traversing a data structure and providing an indication of a location in the data structure;
in response to user input, storing the label at the location in the data structure; and
associating the label with the data.
('674 Patent at col. 18, 11. 3-19.)

On account of said smell of mendacity, Plaintiff will be made to pay so as to stifle this nonsense of inventors assertin' rights they ain't got no business assertin' in the first place.