Wednesday, May 25, 2016

The Alice Witch Hunt Trials

Enough Salem-style witch trial and Troll Inquisition proceedings have taken place for us to see them for what they are.

A mass witch hunt hysteria erupted among our judicial intelligentsia.

These overly rational people are too smart and too supreme to be fooled by witches disguised as trolls disguised as real by draftsman deceptions when in "fact" (and per backdoor admitted evidence) they are spiritual apparitions dwelling in the mind and known to be the mere abstract ideas they are accused of being unless they can come up with something significantly more to prove they are not witches. In the mean time, burn them. Burn them all. (PoTAB= Put'em on Trial And Burn)

But first we must pretend to give them a fair and balanced trial using the magical claim direction force field detector and the something-more tilted balance scale. We wouldn't want to be accused of being torch bearing Spanish Inquisitors hell bent on smelling lots of scorched flesh, would we?

Saturday, May 21, 2016

Framing Fantasy Castles Atop Thermally Overloaded Air

Hard it is now to recall when and how the fantastical narrative first took wing and soared.

Somewhere, not that long ago, in a valley full of mystical silicon clouds and tranquil coffee shops sat an enterprising 2nd year engineering student, hunched over his generic laptop, sipping on code sustaining java juice, staring at a blue sky screen and waiting. Waiting for the idea man to show.

Show he does. With abstract idea dripping through tightly cupped hands. He spills what remains across the table top. "There it is," he gasps, Make it so." "I have the idea, you have the computing chops. Go forth now and apply it. I will reward you commensurately."

With only momentary hesitation, our student genuflects before the master and rushes off, not to be seen for whole weekend's time. And then behold. He reappears with code fully coded into his lone generic computational machine. It is a thing of wonder and beauty. It gives forth whatever magic had been conjured out of the fluid abstraction splashed so long ago across that coffee shop table.

"As thou have wished master --it is done," bows the student, ogre-like. "It tookith but no more than a Gigabyte."

"Mine. Mine!" squeals the idea dropper as he yanks the laptop away. His face transmogrifies into that of a horrific troll.

"Now I will patent it. Sue everybody (even goats at school crossings) and become rich. Greedily and undeservibly rich!"

Just then the back door smacks open.
Hurray. It is the superheroes of the Supreme Ct. Justice League.

"Be gone you troll," they bark.
"And take your abstract idea patent with you."

"We know what you are."
"We know what you do."
"Your generic computer and weekend's done abstract idea will not fool us!"
"We have been to Nature's mountaintop. Mother has given us her laws."
"She also gave us this magic compass and lead-laden off-balance scale."
"The compass detects the directional force fields of abstract ideas."
"The off-balance scale tells if by accident there is something significantly more."

But as for you hideous patent troll, there is no more.
You are history.

Squirt. Squirt.
Bah bye.

Tuesday, May 17, 2016

The Lord Giveth and the Lord Takith it all back (per Lordly Prerogatives)

Just as practitioners in the abstract arts were rejoicing in view of Enfish v. Microsoft, now comes TLI COMMUNICATIONS LLC v. AV AUTOMOTIVE, L.L.C. to take it all back.

The TLI COMMUNICATIONS panel justifies itself as follows: [TBC]

"On its face, representative claim 17 is drawn to the concept of classifying an image and storing the image based on its classification. ... the specification makes clear that the recited physical components merely provide a generic environment in which to carry out the abstract idea of classifying and storing digital images in an organized manner. And the specification's emphasis that the present invention "relates to a method for recording, communicating and administering [a] digital image" underscores that claim 17 is directed to an abstract concept. ... Contrary to TLI's arguments on appeal, the claims here are not directed to a specific improvement to computer functionality"

Wednesday, May 11, 2016

Moonshooting ourselves in the foot

The Moonshot is back!

We are sciencing the heck out of ourselves by convincing others to work for free for the greater good.

The brave new world of conquering them there cancers once and for all is unfolding itself (self-disassembly) in the Median strip of our intellectual super highway.

More to the point, if only "we" all collaborate and freely share, we will surely unleash, unlock, de-clog the dam that has been holding back the inevitable rush of progress including the Moonshot that will cure all cancers once and for all.

It's simply a matter of convincing the evil self-centered scientists to forego their careers for the greater good.
"... to advance discovery and innovation, we need to break down the barriers that are preventing it. ... academics are discouraged from releasing their data for fear of being “scooped” and therefore denied opportunities to publish and advance their careers."

One sees the same meme when talking about those "patent trolls".
Clearly, any non-corporate inventor who holds back on giving away for free the fruits of his or her labors is a hideous, lazy, non-practicing creature (NPE) who lives under a bridge and takes advantage of innocent baby goats.

Big government knows how to deal with such monsters by promising them the moon and then shooting them in their IPRs. (You had it coming oh evil inventors and your Egor-like legal assistants.)

Death to the inventor class. Death to their IP practitioner abetters. Long live "true" innovation.

/end sarcasm --in case you took the end tag to be a universal truth and law of nature

Monday, April 25, 2016

The end justifies the vaporization of that which never should have existed in first place

It's time to blow up the world.

Maybe it should have never existed in the first place?
Because one of the lines on the map is ambiguous.
Because whoever got that extra territory did not make a good showing on his one last chance.
Because all these hurt other folk are showing up lately demanding elimination.

That logic is good enough to justify vaporization.


See Cuzzo oral arguments here.


According to Breyer J:
"And so what we're trying to do with this process is to tell the [Patent] Office, You've been doing too much too fast. [Jack was too nimble, too quick. Shouldn't have jumped over that candle stick.]

Go back and let people who are hurt by this come in and get rid of those [contempt worthy] patents that shouldn't have been issued [in the first place or even before that -you see what I mean? Like King Tut and his abacus man you know? He says stop. His grandma says stop. Stop hurting all those innocent hurt people].

Now, we will give you [the evil so-called overlord inventor, humph], again, once [(one time only)] the same chance we gave you before, and that is you can amend it once if you convince the judge you should have done it before.

But if, on the broadest possible interpretation, you know, [oh did I not misspeak myself?] "reasonable" interpretation, it shouldn't have been issued, we're canceling it [the whole thing]. And -and that is for the benefit of those people who were suffering from too many patents that shouldn't have been issued in the first place. I don't know. [meaning I am all knowing, all powerful, the chief wizard of this inquisition -visualize smug face here, visualize]"

Post Scripts: ____________________________________

Link to Patent Docs review of Cuzzo oral hearings here

Link to Patent Docs analysis of The Fantastical World of Breyer J here

Wall Street J's "Grapple" article:
"Many technology companies, including ... favor the new procedure as an effective way to attack patents that never should have been approved [in the zeroth place]."
"Justice Stephen Breyer said it is possible the new legal rules make sense if the government’s goal is to weed out bad patents and take on patent-licensing firms, which critics call “patent trolls. ... the Patent Office’s approach “is for the benefit of those people who were suffering from too many patents that shouldn’t have been issued in the first place,” Justice Breyer said.”

Wednesday, April 20, 2016

Boo Hoo, The other side dares to shoot back

One anti-patent web site now cries with crocodile tears.

Imagine.
The other side shoots back.
What a concept.
Maybe they can patent that?

Snippet: "That’s like asking, “what should we do about the Supreme Court [due to Alice]?” IBM seems arrogant enough to attack or discredit the highest court via Kappos (IBM)."

Discredit the "Supremes"?
Seems like they need no help in that department.
They do it on their own.

Corporations are people too. Right.

Elections in USA are all honest and need no supervision. Right.

Mother Nature hath descended from her mountain top and hath given onto the Supremes her "laws" inscribed on two clay tablets. Unquestionable.

The US Constitution does not permit patents for "discoveries", only for something significantly and elusively more.

Yes, that's it. Only the truly arrogant would attack and discredit the incredible undiscredible highest court.

Friday, April 15, 2016

If only Palin had screeched not against Nye but against SCOTUS Sci-Fi

In her latest screed Sarah Palin calls Bill Nye (Mech. Engineering Degree 1977 Cornell U.) a kid show clown.

But if she wanted real science carnival chicanery she would have called out the SCOTUS Magnificent Nine for their lucid proclamations on laws of nature and fundamentals of discovery in the storehouse of human knowledge ala' Alice in Blunderland.

Bill Nye is a science guy. (Who puts money behind mouth.)

Sarah Palin on the other hand is a political carnival barker.

And so too are the SCOTUS "Supremes" in their belief there ain't no science mountain high enough to block them from getting to the legal "truth" about molecular biology, the workings of geriatric computers and that illusive something "significantly more" (Myriad, Mayo, Alice and Bilski) that converts an "apply it" abstraction into an at-long-last patent eligible thing.