116 thoughts on “Hitler on Patent Trolls

  1. Leopold,

    With your ardent attention on anything I post, perhaps you can ‘see’ if I missed anything here…

    LOL

  2. NWPA,

    Perhaps Posner views so-called ‘Trolls” as terrorists…

      Publisher description for Not a suicide pact : the constitution in a time of national emergency / by Richard A. Posner. Eavesdropping on the phone calls of U.S. citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens–many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger. Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis–it is neither “war” nor “crime”–And it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory. One of America’s top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate. OXFORD’S NEW INALIENABLE RIGHTS SERIES This is inaugural volume in Oxford’s new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right–to bear arms, to religious freedom, to free speech–clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms

    It would explain why he feels the need to disband with general law when he feels like it.

  3. actually be manufacturing or using the product

    It should be zero.

    1) the Supreme Court addressed this very situation more than one hundred years ago. (ask Malcolm, who recognizes his ETHICAL duty to acknowledge controlling law and who has not – winkwink – read the case.

    2) many patents are improvement patents and one cannot practice the underlying item because it belongs to someone else.

    Love the “parasitic, rent-seeking” language. Maybe you can go to that single advanced modern country that has abolished all IP laws and live in comfy there? You know the one, right? The one from the short list that ‘obviously’ must be kept secret lest everyone run there, or that the rest of the world’s countries would IMMEDIATELY copy their wonderful law and bring utopia to the world.

    /eyeroll

  4. The companies wont go for fair payments to invention concievers though its in their blood to fight to not pay anything and claim there the inventors or the gainers of the legal rights through one of the 40 methods of cheating the inventor and growing with Obomas help now.

  5. It would be better to have a chart for payment rates for indegent companies payments to patrollers and invention concievers as long as the concievers dont want to startup

  6. Hello to all my fellow parasitic, rent-seeking patent professionals!,

    What are the chances of legislation being proffered to mandate that companies asserting patents against competitors actually be manufacturing or using the product claimed by the asserted patent? Is anybody aware of any such laws being drafted or considered at this time?

  7. Let the record show that Malcolm has failed.

    Failed to find the nuts to admit he was wrong and I was right.
    Failed to defend his pet theory that he tossed on a bonfire of his own making in his first substantive attempt to square Prometheus with the precedent case most on point.
    Failed to deny his own 1ying svckpuppetry (that he had previously sworn he did not do when he was QQng up a storm).

    And my intern just came in with this: Malcolm has posted nearly 21,000 words in one week on something ‘that he doesn’t care about.’

    LOL – nearly 21,000 words of mewling QQ and not word to show he has the nuts to admit the plain FACT that I got the decision and reasoning right and that he was wrong.

    So ends this chapter on Myriad, with a wonderful bookmark to the torching admission by Malcolm and a whole lot said that amounts to nothing.

    Life is good.

  8. You think you see clearly? And you think I bring this up to talk about racism when I explicitly say otherwise?

    What are you on?

  9. Lol – complain. About wingnuts as you are the one with the political rant.

    Do you really think that shiny hat you were reflects these nonsense charges that you do yourself and yet accuse others NOT to stick to you?

  10. NWPA: I am a liberal democrat

    I’ll try to believe you. ;) As a general rule, I remain confident about the demographics. It’d be easy enough to poll it out.

  11. am not a republican? That I have previously assailed BOTH parties and point out that there is no real difference (they are all politicians)?

    You just gotta love the wingnuts and the games that they play with their own fossilized minds.

  12. LOL. Oh, I think I see the situation quite clearly. But I thought you said you wanted to talk about racism – how come you’re suddenly so unwilling to talk?

  13. He will not because he cannot.

    It is an unmitigated unsubstantiated and completely misguided political rant brought about by the severe beatdown he has experienced this past week.

    Does he even care that I am not a republican? That I have previously assailed BOTH parties and point out that there is no real difference (they are all politicians)?

    LOL – about as much as he cares about plain facts and plain law, which is to say, not at all. To Malcolm, Spin is In, and the more the better.

  14. Yup, just checked, still no defense from Malcolm with his ‘ready wit,’ ‘sharp legal acumen,’ and ‘complete mastery of English as a first language’ on the archive page where he self-immolated his pet theory with his first ever substantive attempt at squaring Prometheus with the precedent most on point and unchanged.

    Anything else Malcolm is just blah blah blah QQ QQ.

    mmmm, toasty!

  15. You are trying to get a lot of mileage out this one MM. Probably should use a different case, but come on, let’s not make a big deal of this.

    According to you I am t–b-gger, but I am a liberal democrat who voted for Kerry, Obama, and Obama. How are you going to explain that?

  16. Tr0lboy: Malcolm attempts to square Prometheus and shows that Diehr destroys his pet theory.

    Sure, in Tr0lboy’s tiny mind that might have actually happened. Then again, this is the same Tr0lboy who believes that a Supreme Court decision that merely prevented patentees from protecting new facts with patents is comparable to a decision that “blacks are beings of an inferior order, and altogether unfit to associate with the wh-te race.”

    It’s not just a question of “lacking perspective”. Its a question of : where are the rocks from under which m0-r0ns like Tr0llboy slither?

    As I’ve said before, Tr0lboy: go ahead and assemble your army of patent t–baggers, polish your “armor”, and “storm the citadel” or whatever you think is necessary to “fix” the awful mistakes the Supreme Court has made in interpreting 101. In other words, stop pitching your n-tball verbiage, gather up your stored munitions from your bunker, and bring it on, for real. Maybe you can recruit Greg Girard to help you.

    link to techdirt.com

  17. Tr0lboy: Malcolm attempts to square Prometheus and shows that Diehr destroys his pet theory.

    Sure, in Tr0lboy’s tiny mind that might have actually happened. Then again, this is the same Tr0lboy who believes that a Supreme Court decision that merely prevented patentees from protecting new facts with patents is comparable to a decision that “blacks are beings of an inferior order, and altogether unfit to associate with the white race.”

    It’s not just a question of “lacking perspective”. Its a question of : where are the rocks from under which m0-r0ns like Tr0llboy slither?

    As I’ve said before, Tr0lboy: go ahead and assemble your army of patent t–baggers, polish your “armor”, and “storm the citadel” or whatever you think is necessary to “fix” the awful mistakes the Supreme Court has made in interpreting 101. In other words, stop pitching your n-tball verbiage, gather up your stored munitions from your bunker, and bring it on, for real. Maybe you can recruit Greg Girard to help you.

    link to techdirt.com

  18. Tr0llboy: Malcolm attempts to square Prometheus and shows that Diehr destroys his pet theory.

    Sure, in Tr0llboy’s tiny mind that might have actually happened. Then again, this is the same Tr0llboy who believes that a Supreme Court decision that merely prevented patentees from protecting new facts with patents is comparable to a decision that “blacks are beings of an inferior order, and altogether unfit to associate with the white race.”

    It’s not just a question of “lacking perspective”. Its a question of : where are the rocks from under which m0-r0ns like Tr0llboy slither?

    As I’ve said before, Tr0llboy: go ahead and assemble your army of patent t–baggers, polish your “armor”, and “storm the citadel” or whatever you think is necessary to “fix” the horrible, horrible, horrible mistakes the Supreme Court has made in interpreting 101. In other words, stop pitching your n-tball verbiage, gather up your stored munitions from your bunker, and bring it on, for real. Maybe you can recruit Greg Girard to help you.

    link to techdirt.com

  19. Tr0llboy: Malcolm attempts to square Prometheus and shows that Diehr destroys his pet theory.

    Sure, in Tr0llboy’s tiny mind that might have actually happened. Then again, this is the same Tr0llboy who believes that a Supreme Court decision that merely prevented patentees from protecting new facts with patents is comparable to a decision that “blacks are beings of an inferior order, and altogether unfit to associate with the white race.”

    It’s not just a question of “lacking perspective”. Its a question of : where are the rocks from under which m0r0ns like Tr0llboy slither

    As I’ve said before, Tr0llboy: go ahead and assemble your army of patent t–b-ggers, polish your “armor”, qnd “storm the citadel” or whatever you think is necessary to “fix” the horrible, horrible, horrible mistakes the Supreme Court has made in interpreting 101. In other words, stop pitching your n-tball verbiage, gather up your stored munitions from your bunker, and bring it on for real. Maybe you can recruit Gregory Girard to help you.

    link to techdirt.com

  20. Tr0llboy: Malcolm attempts to square Prometheus and shows that Diehr destroys his pet theory.

    Sure, in Tr0llboy’s tiny mind that might have actually happened. Then again, this is the same Tr0llboy who believes that a Supreme Court decision that merely prevented patentees from protecting new facts with patents is comparable to a decision that “blacks are beings of an inferior order, and altogether unfit to associate with the white race.”

    It’s not just a question of “lacking perspective”. Its a question of : where in the frack do idi-0ts like Tr0llboy come from?

    As I’ve said before, Tr0llboy: go ahead and assemble your army of patent t–b-ggers, polish your “armor”, qnd “storm the citadel” or whatever you think is necessary to “fix” the horrible, horrible, horrible mistakes the Supreme Court has made in interpreting 101. In other words, stop pitching your nutb-ll verbiage, gather up your stored munitions from your bunker, and bring it on for real. Maybe you can recruit Gregory Girard to help you.

    link to techdirt.com

  21. Tr0llboy: Malcolm attempts to square Prometheus and shows that Diehr destroys his pet theory.

    Sure, in Tr0llboy’s tiny mind that might have actually happened. Then again, this is the same Tr0llboy who believes that a Supreme Court decision that merely prevented patentees from protecting new facts with patents is comparable to a decision that “blacks are beings of an inferior order, and altogether unfit to associate with the white race.”

    It’s not just a question of “lacking perspective”. Its a question of : where in the frack do idi-0ts like Tr0llboy come from?

    As I’ve said before, Tr0llboy: go ahead and assemble your army of patent t–b-ggers, polish your “armor”, and “storm the citadel” or whatever the he-l you think is necessary to “fix” the horrible, horrible, horrible mistakes the Supreme Court has made in interpreting 101. In other words, stop pitching your nutb-ll verbiage, gather up your stored munitions from your bunker, and bring it on for real. Maybe you can recruit Gregory Girard to help you.

    link to techdirt.com

  22. Tr0llboy: Malcolm attempts to square Prometheus and shows that Diehr destroys his pet theory.

    Sure, in Tr0llboy’s tiny mind that might have actually happened. Then again, this is the same Tr0llboy who believes that a Supreme Court decision that merely prevented patentees from protecting new facts with patents is comparable to a decision that “blacks are beings of an inferior order, and altogether unfit to associate with the white race.”

    It’s not just a question of “lacking perspective”. Its a question of : where in the frack do do idi0ts like Tr0llboy come from?

    As I’ve said before, Tr0llboy: go ahead and assemble your army of patent t–b-ggers, polish your “armor”, and “storm the citadel” or whatever the he-l you think is necessary to “fix” the horrible, horrible, horrible mistakes the Supreme Court has made in interpreting 101. In other words, stop pitching your nutball verbiage, gather up your stored munitions from your bunker, and bring it on for real. Maybe you can recruit Gregory Girard to help you.

    link to techdirt.com

  23. You’re analogizing the Court’s judgments on patent rights to a decision that denied citizenship to Americans of African descent, and suggesting that the “strong and powerful drivers” associated with the Dred Scott case are comparable to those associated with the issue of patentable subject matter?

    The inner workings of the wingnut mind.

    I’ve said it before, I’ll say it again: find me a patent t–b-gger and I’ll show you a Republican nutcase. They are the same people, with the same paranoid hangups. Water-carriers.

  24. It is like you are agreeing to that trap, which in essence is saying that because you happen to be a white man, you cannot even discuss racism.

    So, you made your comment about 8-and-three-fifths robes on the Supreme Court because you wanted to discuss racism?

    Interesting.

    I do not shy away from the analogy because that analogy has strong and powerful emotional drivers. I choose that analogy because that analogy has strong and powerful emotional drivers. I do not disrespect race. The case is not off limits merely because the case dealt with race. Quite the contrary, to shy away because of the liberal trap would be to disrespect race.

    Who said anything about shying away from the Dred Scott case? For the record, your supposed analogy was not at all clear from your original comment, as Dred Scott is only tangentially related to the three-fifths clause of the Constitution.

    But now that you’ve retroactively made the analogy explicit, I think it’s a ridiculous one, and almost as offensive as the original comment. You’re analogizing the Court’s judgments on patent rights to a decision that denied citizenship to Americans of African descent, and suggesting that the “strong and powerful drivers” associated with the Dred Scott case are comparable to those associated with the issue of patentable subject matter? You might want to get some perspective, anon.

  25. The reason it is so easy to predict these cases is that I predict them from SCOTUS common law and not the 1952 Act.

    Agreed.

    And the case you are thinking about may be Graham v. Deere.

  26. NWPA,

    You are falling into the liberal trap.

    It is like you are agreeing to that trap, which in essence is saying that because you happen to be a white man, you cannot even discuss racism.

    B$.

    I do not shy away from the analogy because that analogy has strong and powerful emotional drivers. I choose that analogy because that analogy has strong and powerful emotional drivers. I do not disrespect race. The case is not off limits merely because the case dealt with race. Quite the contrary, to shy away because of the liberal trap would be to disrespect race.

    Focus on the hubris of the Court.

    Then.

    Now.

  27. Actually, I find it hilarious that the bio anti’s haven’t figured out the relationship with the recent Prometheus case and this one with Diehr, Flook, and Benson. The reason it is so easy to predict these cases is that I predict them from SCOTUS common law and not the 1952 Act.

    Even a moment’s thought tells one that there exceptions and the way they apply does not comply with the 1952 Patent Act. I am pretty sure that J. Rich wrote some articles about these, by the way.

    If you want some good reading, read what J. Rich has to say about the SCOTUS and their patent jurisprudence.

  28. Both can be true anon. Given that some of the bloggers on here use the n word, which I find incredible in this day and age, it still would have been better not to have pressed enter. You can pick another case.

    I agree precisely with your points above. The SCOTUS has never followed the 1952 Patent Act and, in fact, has said in one of the first opinions after the Act (can’t remember which one)that they believed the Act did nothing more than codify their common law.

    I agree exactly that they are hanging their entire common law on 101.

  29. What other case did that august body of nine decide that reeks of that same level of hubris?

    I don’t know; which one do you have in mind?

    What other case would, if still held today, change the required number of robes on that very same august body?

    I don’t know; which one do you have in mind?

    How much Robe would the esteemed Justice Thomas need (if the hubris of the Court were not once in a while left at the gate)?

    You keep talking about “hubris” – is that some kind of secret code for “uppity”?

    I still don’t get it.

  30. I disagree.

    One very important element that should be discussed (and has not been brought up in any academic paper as far as I can tell) is the notion of whether or not the Supremes themselves have stepped over the line in their hubris.

    What else lurks in ‘implicit’ findings?
    Are the judicial exceptions properly there in the words of Congress in 101?
    Do the judicial exceptions rise and fall together?
    Why or why not?

    Contemplate the words in Prometheus: it was not the law that the Court refused to become a dead letter, it was their “interpretation” of the law. Where is the line between “interpretation” and simple re-writing? When is the nose of wax so twisted and deformed that it is ripped from the face of law?

    Contemplate why Stevens lost his majority position in Bilski: his position would have actually negated an entire section of words that Congress DID write.

    What is ironic is that it was Stevens who admonished that 101 was not to be treated as a nose of wax, and yet it was Stevens who attempted to do so.

    The Supreme Court has rendered the nose of 101 into such a mess that the judicial body created by Congress to expressly clarify patent law has thrown up its hands in disgust and said “We cannot fix it.” Go ask Alice.

    I think it entirely appropriate to realize that patent law has reached its Dred Scott moment. There is no asperion to race involved. None intended, and none can be taken if you are being intellectually honest and not trying to kick up dust at the red flag of “anon said.”

  31. I figured it was something like that. Still, the number you used could be interpreted in other ways, so it would probably have been better to not have hit enter on that one.

  32. It is in the ARCHIVES!

    Malcolm attempts to square Prometheus and shows that Diehr destroys his pet theory.

    You were politely asked to DEFEND what you said, and you chose instead to run away.

    That great ‘legal mind’ of yours and that ‘awesome’ command of English as a first language yields in defense: ZERO.

    mmmm, toasty!

  33. But that is not what is required to plead, is it? All one has to do is notify the defendant that he infringes under 271(b). You don’t even have to say that he had knowledge of the patent, AFAIK.

    I’m not sure that I follow you, Ned, but my question isn’t whether the pleading is sufficient to make out a claim, it’s whether a claim that a defendant induced infringement, where the plaintiff’s sole basis for the claim is that the defendant should have done some kind of clearance search, meets the Rule 11 standard. I think those are different questions.

    As to liability for indirect infringement, I think that it has to be based on pre-suit conduct, just as it must for a finding of willfulness, and for the same reasons. But it’s been a while since I’ve done any litigation.

  34. although the week that you volunteered the admission that ‘configured to’ was structural and the week that you volunteered the admission that knew what the controlling law was regarding the exception to the printed matter doctrine are right up there

    Right. That was the week you told us about how you fooled the parole officer into thinking you were at your mom’s house when you were really at the kindergarten working on one of your “drawings.” That was a great week.

  35. attempt to rescue your favorite little theory from the bonfire you tossed it into.

    Does anybody here know what Kookoo McPatentfluffer is talking about?

  36. LOL right back atcha

    Best.
    Week.
    Ever.

    (although the week that you volunteered the admission that ‘configured to’ was structural and the week that you volunteered the admission that knew what the controlling law was regarding the exception to the printed matter doctrine are right up there.)

    But this week, you have been shown to be the self-centered, self-absorbed, unrepentant, accuse-others-of-what-you-do (busted AGAIN for svckpupp3try – which you say you don’t do) blatantly 1ying d0uche who does not have the nuts to admit he was wrong and that I was right, and then volunteers an admission in his first ever attempt to square Prometheus and torches his pet theory.

    Glad you asked.

    Did I miss anything?

  37. NWPA,

    The black robes, sitting on high ‘cannot be wrong.’

    What other case did that august body of nine decide that reeks of that same level of hubris?

    What other case would, if still held today, change the required number of robes on that very same august body?

    How much Robe would the esteemed Justice Thomas need (if the hubris of the Court were not once in a while left at the gate)?

    Now, remember the context.

  38. Your feelings?

    LOL? I ask for what was predicted and you focus on your fee-fees?

    You are more self-absorbed than I thought.

    It’s understandable that you’re not confused

    It’s gotta be that English as a second language…

    /eyeroll

    As far as ‘defending,’ I am still waiting for you (and your great grasp of English as a first language, AND your great grasp of law) to attempt to rescue your favorite little theory from the bonfire you tossed it into.

    Yet another great Malcolm admission against interests.

    No wonder you despise actual substantive discussion.

  39. All one has to do is notify the defendant that he infringes under 271(b).

    In LB’s hypothetical, the allegations are based on the defendant’s alleged failure to satisfy a non-existent duty before the lawsuit was filed and, as a matter of fact, before the patentee knew of the existence of the patent.

    There is no reasonable basis provided for the accusation of willful causation of infringement by others. It seems no different than an allegation of fraud based on the mere hope that, after I do discovery, I’ll find the evidence to support my allegation.

  40. Nice – I look again at another of your posts and find that your QQ is still quite meaningless.

    This is a blog – perfect spelling simply is not required.

    Get over yourself already.

  41. Tell me Malcolm what WAS predicted.

    I think this thread summarizes my feelings about the case pretty accurately.

    link to patentlyo.com

    For example, “So obviously the question presented for cert [are human genes patentable?] is either sadly wrong (in which case a great deal of time is going to be wasted on irrelevant blawoney) or it’s laughably correct and the Supremes are going to issue another short 9-0 decision explaining some really, really basic concepts to the ACLU.”

    And that’s what we got: baloney in, baloney out.

    It’s understandable that you’re not confused, Tr0llboy. That’s because, like Justice Scalia, you really have no clue about the subject matter at issue (DNA), so the best you can do is concoct some senseless “splitting the baby” approach that creates far more problems than it solves. And while you’re at it, you can make some completely false statements about how the claims “are simply not expressed in terms of chemical composition” (the recited sequence is a chemical structure).

    And some completely contradictory statements like “We hold that cDNA is eligible but we say nothing about the patentability of DNA in which the order of the naturally occurring nucleotides has been altered.” Say what? And “they do not rely in any way on the chemical changes that result from the isolation of a particular section of DNA” (except the chemical changes are what distinguishes the claimed compositions from the naturally occuring chromosomes and what enables them to be useful as probes, research tools, etc).

    And then there’s the completely fabricated characterization of Funk Brothers, where it is asserted that the claimed composition was ineligible because the numerous individual elements recited in the claim were not “alter[ed] in any way.” Are you going to defend that part of the Court’s half-axxed “analysis”, too?

  42. LB, I don’t know whether we have models of how to plead willful blindness, but I would think the statement made here would be insufficient to prove willful blindness. But that is not what is required to plead, is it? All one has to do is notify the defendant that he infringes under 271(b). You don’t even have to say that he had knowledge of the patent, AFAIK.

    But such knowledge would be required if one were to prove liability and damages prior to filing suit with respect to 271(b).

    Perhaps you can educate us as to whether the complaint has to allege pre-filing infringement in order to put that liability into the case?

  43. And nobody could ever have predicted that …

    LOL – Tell me Malcolm what WAS predicted.

    You know, like BOTH the result and the reasoning here.

    That little thing called legal reasoning. Funny – your ‘command’ of English as a first language does not seem to be able to help you at all here.

    For anything.

    Not even to save your precious pet theory that you and you alone have ever peddled (notwithstanding the help you receive from Keeping It Real, Robert, Francis, and the rest of the svckpuppets).

    LOL – what was that word? dissembling?

    LOL

  44. QQ up and down, and not one bit of recognition of the FACT of what happened.

    LOL – trainwreck indeed. Just standby and [shrug].

  45. When you try to touch a substantive issue, you put your agenda to the f1ame. Just like you just did in your first substantive attempt to square Prometheus with the precedential cases it stated as most on point and not being changed.

  46. In parts (filter going crazy)

    The trainwrecking is done by you Malcolm.

    Clearly, as I have explained, poor quality blogging comes from ‘spin’ and deception – your tools in trade.

    You misrepresent facts, the law and what others say.

    Your post at 3:51 is a prime example – that’s twice now you QQ about my words of conflation and imputation – but when I offered to show you the dictionary meanings – at the point in time I was using them and in the context I was using them – you disappeared.

    The use of Jane Fonda and her quote is perfectly in line with the political message of the post. Instead of actually discussing the substance, you wait and then kick up dust.

    And we know why.

  47. I didn’t like the film much, nor most of the spoofs based on that segment, but this one made me really giggle. BTW, President Obama was there today, pronouncing a speech just about one city block away where that scene took place (and less than one mile from an EPO facility).

    If I have my German history right …

    Max, I wonder whence you got that bit of information from… ;-)

    About the 3rd Reich and IP, if you ever want to see your jaw drop so deep that you will need a jack to set it back in place, let me recommend the following:

    [August] von Knieriem, “Europäische Vereinheitlichung des gewerblichen Rechtsschutzes und Urheberrechts.”, GRUR, Mai/Juni 1941, pp. 185-193. (“The European unification of Industrial Property and Copyright”)

    Note the year. This is apparently an abridged (and possibly authorized) version of a memorandum the author had submitted to the chancery a few months earlier, on which I’d much like to lay my hands on.

    Von Knieriem was the chief legal counsel of IG Farben, a cartel and conglomerate that operated a pretty nasty little outfit in the Polish countryside called “Monowitz”, described by a Primo Levi. (The mug shot is was taken at Nuremberg).

    The essay begins with the statement “No one of us knows how Europe will look like after the German war victory, and it is pointless to shed much thought about this question.” and continues with a number of general considerations regarding the state of IP as it was in 1939, states that the return of peace shouldn’t mean a return to the status quo, and pleads for the creation of a closely knit economic union which would address at a common level issues like currency, work force mobility, customs duty, etc.

    It then goes on to deplore the classic problem of having to file 30 separate applications before as many European NPOs, dealing with as many different examination procedures, and multiplication of expenses that entails.

    The solution is as deeply disturbing as it is familiar: a centrally granted European Patent, which would explode in a bundle of national rights.

    A difference with the system we know is that the examination would have been performed by the German patent office rather than an “European” one, but look at the physical proximity of the two institutions today in Munich and Berlin. (The branch at the Hague would represent IMO the French and Benelux influence on the system, but that’s another story).

    V. Knieriem then takes on trademarks (also with familiar propositions) and copyright (considering the special problems of newer media, like phonograph records cinema).

    I wonder how much compensation SAP pays its German employee inventors annually.

    You mean the autists, or the ones without a diagnosis? I hope that SAP will pay their new darlings at least the standard rates of pay.

  48. Frankly, no I didn’t get the joke. I still don’t and am disturbed by it.

    It was a really strange comment. I’m pretty sure we won’t be getting an explanation anytime soon.

  49. you certainly 1ied at PatentDocs.

    Sure, I did, Tr0llboy.

    Look, if you really believe that, then why don’t you go ahead and do to the comments at PatentDocs what you did here: create an army of sockpuppets and use them to “trainwreck” every thread. After all, the worse thing ever would be for someone to mistakenly come to the conclusion that there was such a thing as a “bad patent” or a good law that made it more difficult to enforce a “bad patent.”

    So go ahead, Tr0lllboy: assemble the “troops” and polish your “army”. Somebody somewhere is “conflating by imputation” or something equally horrifying. If you don’t act now, Jane Fonda is going to be President and give all our patents to China. Hurry up!

  50. Frankly, no I didn’t get the joke. I still don’t and am disturbed by it. But, I assume there is some explanation and the whole thing is off point. I haven’t seen anon post anything r***ist before, so I assume it was just a joke.

  51. You don’t get it?

    Nobody gets it. NWPA, you read that thread. Did you get Tr0llboy’s “8 3/5 Justices” “joke”? What was the joke?

    Tr0llboy is too embarassed to explain it for everyone, apparently.

  52. Didn’t 6 know who NAL was? Didn’t he say that is was someone at the Office even?

    I will have to try to find that old bookmark where she nailed Malcolm. Funny thing, if I recall it was for using svckpuppets.

    I guess Malcolm has just gotten careless again with his use of svckpuppets all repeating the same banal CRP that no one else in any right frame of mind would repeat.

    LOL – more evidence of just how bad a beatdown this has been for him.

    Best.
    Week.
    Evah!

  53. your blatant 1ying on something you QQ’ed all to h311

    Again, Tr0llboy, you seem to have great difficulty understanding what made your sockpuppetry so revolting. It wasn’t simply that you posted under different pseudoynms here occasionally. I’m sure there are plenty of commenters who still do that. Who cares? Nobody.

    It was the fact that you used literally hundereds of different pseudonyms, sometimes dozens of them a day, to personally harass your “enemies” in your imaginary “battle”. And you denied doing it and you pretended that your sockpuppets represented some imaginary “majority” that was “merely” responding to a “vocal minority”. Your sockpuppets came right out and told everyone that! Dennis is a “shill”. I’m a “shill”. LB is a “shill.” MD is a “shill.” Jason is a shill.” Ned is a “shill.” IANAE is a “shill.” In reality, you were the “vocal minority”. And you still are. You’re the little squawking freak who’s always there to defend any patent and any patentee, no matter how appalling … unless of course it’s a “bio” patent. And nobody could ever have predicted that …

  54. You don’t get it?

    Now THAT is funny.

    And in a sad way, it helps explain why you don’t have the nuts to admit that you were wrong in the Myriad case and that I was right – The concept of you being wrong is not a concept that ever occurs to your alien race.

  55. LOL – I don’t see you 1ying here (yet – on this), although you certainly 1ied at PatentDocs.

    Or do you think that your blatant 1ying on something you QQ’ed all to h311 won’t get Prof. Crouch just a wee bit ticked at you – even though he let’s you run wild otherwise?

    C’est La Vie

  56. your quest

    My “quest” is proceeding quite wonderfully, thank you.

    How’s your “battle” with the “vocal minority” doing, Tr0llboy? LOL.

  57. He was outed there

    LOL. Just like I outed you spouting your racist drivel on the Cheerio’s YouTube thread. That made national news.

  58. What about reading my direct response to you on the Robes jest? You know, the one that pointed out that I had already told you who was being made fun of

    LOL. What about returning to planet Earth where nobody knows what the h-ll you are talking about, Tr0llboy?

    Just explain the 3/5 Robe joke. I didn’t get it. LB didn’t get it. Nobody got it, as far as I know. Who were you making fun of? What’s the joke? Are you ashamed of something? Or is this one of those “email spam filter” things where you pretend that you have explained yourself when in fact you’re just being a psycho d-psh-t?

  59. Let’s work together to end the plague of patent attorneys behaving badly.

    LOL – don’t you pretend to be a patent attorney, Malcolm?

    Start with the man in the mirror on your quest to end the plague of patent attorneys behaving badly.

    Start now.

  60. Worth repeating on this thread:

      And Malcolm continues to CRP all over Dr. Noonan’s blog now.

      He was outed there – and disclaims even knowing who Malcolm Mooney is – at the same time using the very same lame-@$$ stale rhetorical tools and espousing the same lame-@$$ crispy-fried ‘theories’ that no one else has ever ascribed to.

      The beatdown is THAT bad for him.

    As if you CRPPING all over one blog is not bad enough…

  61. What about your sockpuppet harassment, Mr-Accuse-Others-Of-That-Which-You-Do, I-Don’t-Know-Malcolm-Mooney Blatant 1iar?

    What about having the nuts to say that you were wrong in the Myriad case?

    What about reading my direct response to you on the Robes jest? You know, the one that pointed out that I had already told you who was being made fun of with that joke before you tr011ed me.

    Let’s see some answers from you for a change.

    C’mon Malcolm, as if you venturing into substantive posts hasn’t torched your agendas enough – LOL on the burning [oldstep]+[newthought] admission – that one is still burning white-hot.

  62. why bother with your name when he has so many to choose from

    Everyone has millions of names to choose from. NWPA and I were discussing stealing a person’s name to denigrate that person, or manipulating a “crowd” of sockpuppets for the purpose of harassing a person. You’re very, very, very familiar with the tactic, as Dennis informed us all last August.

    Your sockpuppet harassment is banned here, thankfully. But that doesn’t stop you from using dozens of pseudonyms on YouTube when you see a Cheerios video that you find upsetting. Nor does it stop from you posting the same drive-by insults here fifty times a day under your t-rded “anon” moniker.

    By the way, did you ever get around to explaining your “3/5 of a Robe” “joke”? What the heck was that about?

  63. Someone during the NAL chases down MM era used to post under my name and pretend to be me.

    Someone regularly posted under my name for name for many months. There was a lot of sockpuppetry, as you’ll recall. And we learned why last August.

  64. So, hypothetically speaking, a Plaintiff’s sole basis for the knowledge requirement of 271(c) and the specific intent necessary for 271(b) is that the Defendant didn’t take steps to find out about the patent.

    In this hypothetical scenario, are the contributory infringement and inducement claims warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law?

    They sound frivolous to me. Corporations and persons have no duty to competing parties to do a patent search before making and selling any product, and there never will be such a duty unless and until the patent t–b-ggers manage to elect a majority of like-minded stooges into Congress. I don’t see that happening anytime soon.

    A reasonable response by a Court would be sanctions, including but not limited to refusing the patentee from making any further allegations regarding willfulness, and a recommendation that the patentee’s attorneys be suspended from practicing in further patent cases for some period of time (if not permanently).

    Let’s work together to end the plague of patent attorneys behaving badly.

  65. admit that you posted under my name.

    Never happened. Why would I bother?

    NWPA, Malcolm is right, why bother with your name when he has so many to choose from: Keeping It Real, Robert, Francis, and the new ones Shrivan and Vivika M.

    What was that word? dissembling…
    LOL

  66. Yes it was NAL. And, I agree that NAL and anon are very similar, but I would characterize them differently than you have.

    Someone during the NAL chases down MM era used to post under my name and pretend to be me.

  67. She chased you up and down this board.

    You mean the psych ward patient “NAL”? Yes, she did “chase” me, in a manner eerily similar to that employed by Tr0llboy, including the endless misuse of three syllable words and the inability to clarify herself without dissembling.

    She chased me and chased me and chased me until finally the nurses came and took her “home”.

    admit that you posted under my name.

    Never happened. Why would I bother?

  68. Speaking of, er, non-practicing entities, the following is a slightly sanitized excerpt from a recent patent infringement complaint, which included allegations of both contributory infringement and inducement.

    Defendant has or will have knowledge of the Patent, as well as the fact that its customer’s use of its product infringes the Patent, since at least as early as the filing of this lawsuit. Additionally, when it launched its products, Defendant took inadequate steps to determine whether it would be infringing the intellectual property rights of others, such as Plaintiff, and thus was willfully blind to the existence of the Patent. Defendant thus induces/induced and contributes/contributed to acts of direct infringement with the specific intent that others would infringe the Patent.

    For the sake of discussion, let’s assume that Defendant was unaware of the patent before the filing of the suit. So, hypothetically speaking, a Plaintiff’s sole basis for the knowledge requirement of 271(c) and the specific intent necessary for 271(b) is that the Defendant didn’t take steps to find out about the patent.

    In this hypothetical scenario, are the contributory infringement and inducement claims warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law?

  69. “By an incoherent decision written by Justice Thomas”

    Now now, the first two sentences of the holding are emminently coherent. The rest of it is bells and whistles.

  70. Now, MM, don’t deny it. What was her name? She chased you up and down this board. And, come on now, admit that you posted under my name.

  71. You have been humiliated.

    By an incoherent decision written by Justice Thomas, with a concurrence by another Judge admitted that he doesn’t understand the technology? That’s funny.

    But, hey, if you say I’m “humiliated”, then it must be so! Just like Colleen Chien is “devastated”, I suppose, by some imaginary “takedown” trumpted by Tr0llboy.

    Yes, I suppose “reality” is exactly what you and Tr0llboy say it is at any given time. You two be sure to check under bed tonight. Jane Fonda might be hiding there waiting to turn you into a communist vampire.

  72. the last time I watched another blogger tear MM apart (I can’t remember her name), he became vicious. He even posted under NWPA.

    Oh, sure. That actually happened. I also remember watching you get torn apart by a seven year old commenter. You started to cry and you threatened to cut the kid’s arm off.

    This is fun. Anyone have any other fantasies they’d like to share?

  73. Well, the last time I watched another blogger tear MM apart (I can’t remember her name), he became vicious. He even posted under NWPA. He must be a paid blogger because he doesn’t seem to change.

  74. It is bizarre that he can be wrong for years and yet continue to post the same stuff. He must be a paid blogger because –frankly–understanding the recent SCOTUS cases is pretty simple.

  75. LOL – and he still does not have the nuts to admit that I was right and that he was wrong.

    I’ll have my intern run a word count – my guess is that he is at least at 6,500 words typed since the decision came out.

    Hmmm, should I include the words typed under all his svckies at PatentDocs…?

  76. Which is your pattern. You don’t seem to be able to understand patent law or the forces that are shaping it and yet you continue to disparage your intellectual superiors.

    Please. Re-evaluate your pitiful record.

  77. MM: why do you even comment on this board anymore? You have been humiliated. You are unable to understand recent SCOTUS case law. You seem to have serious conceptual problems that may stem from being a paid blogger.

  78. The damage done by the big patent Nazis are thousands of time greater than anything the patent trolls have done.

    LOL.

    they are actually very similar if not the same,

    Maybe next time you should pass on that fourth cup of coffee, “Dad”.

  79. And yet, no one seems to want to pay attention to exactly why the big boys conjured up the pejorative in the first place.

    Hmmm, just like Leopold never seems upset by anything that Malcolm posts, but wave the little red flag of ‘anon said’…

  80. Basically, right. And, there is another big picture item here. Big corporations figured out that they had a hard time innovating long ago. Many big corporations rely on small companies to innovate and then they buy the small companies. Many big companies would love nothing more than get a lower price that would result from the evisceration of the patent system.

  81. I love it. However, most seem to be missing the point. The big corporations, i.e. patent Nazis, want a double standard and are hell bend on world domination of intellectual property. For decades the patent Nazis have been copying the work of small inventors without any compensation and crushing anyone who complained with frivolous patent lawsuits, bleeding the small inventors to death. The patent Nazis would justify their copying as necessary to promote technology, but condemn anyone that even hinted at copying their work, or even their stolen work. The non-practicing entity, i.e. patent trolls, evolved as a result of these blatant abuses. Now the patent Nazis want to make it impossible for small entities to sue them for copying, but easy for them to sue any small competitors with frivolous lawsuits. The damage done by the big patent Nazis are thousands of time greater than anything the patent trolls have done. The main focus should be in stopping the patent Nazis abusive practices, in so doing the abuses of patent trolls would also be stopped as a byproduct because they are actually very similar if not the same, just directed at different entities. A double standard only furthers and promotes abuse.

  82. A couple of years ago there were about a thousand parodies based on this clip posted on YouTube. Everything from critiques of the latest Harry Potter movie to scientific peer review. Unfortunately, Constantin Pictures, the owner of the film Downfall, on which this is “based”, sent a series of takedown notices that effectively ended this great meme. Perhaps it will experience a revival now?

  83. If I have my German history right, it was in Adolf’s time that the law on employee inventions was introduced, the one that sets up a statutory right for compensation for the employee inventor, paid by the employer, in proportion to how much benefit the invention brings the employer, the one that requires the filing of a patent application by the employer (unless the invention is held as a trade secret). Some say it was this law, rather more than a Patents Act as such, that promoted the progress of useful arts in Germany.

    I wonder how much compensation SAP pays its German employee inventors annually. Anybody know?

  84. I wonder what der Fuehrer would do if he had the man responsible for business method patents before him.

    Thankfully that never happened. But for that quirk of history, we might still all be paying for our Braunschweiger sausage with cash.

  85. I was thinking more of the man who the patent bar chose to Sheppard a revision of Frederico's draft patent statute in order to overturn selected Supreme Court cases the bar did not like, and who continued in his later role as judge to rule on his own handiwork without recusal, and who continues to push the line taken by the patent bar throughout his career. He was competent, but he had viewpoint and an agenda.

  86. Who would be that man Ned?

    You are aware that business method patents have been allowed throughout the history of the Office, right?

  87. I wonder what der Fuehrer would do if he had the man responsible for business method patents before him. I don’t think he would praise him as the second coming of Learned Hand.

  88. Precious few?

    Malcolm has been generating literally thousands upon thousands of laughs.

    Sure, not for the little circle…

    Ah, that explains it.

  89. I have this movie in my NetFlix queue. Not sure I want to ever bother watching it at this point.

    Don’t you want to know how it ends?

  90. This clip has been used ad nauseum for everything from patent trolls to HP’s decision to stop producing whatever useless tablet they made.

    I have this movie in my NetFlix queue. Not sure I want to ever bother watching it at this point.

  91. This is the second time that this clip has been used – I think the earlier version followed the finding in Bilski. ON the whole it was funnier the first time.

    There is a decay law for film clips – the rib-tickling quotient of any clip decays exponentially with the number of occasions on which it is used to create a parody.

  92. Do you think your posting of this falls under fair use? Seems like 3:51 is a long portion of the movie particularly for those that can speak German.

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