Patently-O Bits and Bytes No. 25

 

40 thoughts on “Patently-O Bits and Bytes No. 25

  1. 40

    Denis i suggest you read “empires of light” which i posted here before – to disabuse yourself of this notion that little guys have never sued big companies before. Get out and read some history – if you are going to opine on it.

  2. 39

    In my very rough interpretation, the “view from Japan” seems to be that it is difficult to simply look at the after effects and vestiges of early conditions in Japan and apply some sort of mathematical algorithm or natural law to explain Japan today. I couldn’t have said it better myself.

  3. 38

    To GP: It appears that everything you know about Japan is pre-Meiji restoration, like from when you read Clavell’s SHOGUN.

    I guess if we look far enough back in our own history, we can talk about how callous men let their women die in childbirth in the snow on the way through the western mountains. I guess everything changes.

    Your concept of Japanese women also seems to be stuck in some sort of romanticized past. Japanese women are some of the most liberated women in the world and hold their own in Japanese society (just ask any Japanese man). And to the guy who talks about Asian women enjoying some sort of something. I think its pretty universal that pretty much all women enjoy men who act like men (sorry Mooney).

    When I say service, cooperation and mutual respect I mean only that. You don’t really see a bunch of ego monsters out for themselves only at any level – its bad for business. Most of the crappy middle management dysfunctional bully bosses that predominate the ranks of U.S. business simply don’t exist in Japan. And if middle managers do exist, they work harder and are more patient and pleasant than anyone you’ve ever met, like a big brother or sister who, instead of acting as if in some sort of destructive competition with juniors, actually takes care of them. And the staff people are respected throughout the organization because they are of the highest professional caliber.

  4. 37

    Jan,

    I agree — Dennis does do a good job. This blog is very useful and even entertaining on occasion. Thank you, Dennis, for your hard work.

  5. 36

    Mr. Mooney

    I believe that Mr. Niro in his interview claimed that he had received direct threats and that there was a significant delay between the posting of the original threat on PTT and the deletion of the threat. I am not going to go back and listen a second time.

    It is an open question what standard can reasonably be expected of bloggers to know what is being posted in their comments section. Mr. Couch seems to keep a fairly close eye on matters even though he gets a lot of long, barely intelligible, posts. Given the ease with which flame wars can erupt and destroy a board’s usefulness, prudent self interest would seem to demand some vigilance from a blogger. Too many comment posters, anonymous or not, forget that they are the blogger’s guest.

  6. 35

    “One has to sympathize with Niro if he was receiving personal threats.”

    I’m not aware of any evidence that happened. My understanding is that some silly person posted some vaguely threatening crap anonymously on the comments section of a blog. There is no evidence that the threat was credible.

    “It was probably wrong for Frenkel to not notice and delete a death threat on PTT”

    Again, correct me if I’m wrong, but Frenkel did delete the objectionable comment immediately after the comment was brought to Frenkel’s attention. What’s the problem?

    upthread, anonymous wrote

    “I’m no fan of Niro, but he was entitled to respond as he did. He’s entitled to state his opinion of Frenkel publicly, and he’s (legally, at least) entitled to offer money to other people to do legal things to out Frenkel.”

    Of course he is “entitled” to do those things and you’ll kindly take care to note that nobody has claimed otherwise. The question is: is offering a bounty for revealing the identity of a person who wishes to remain anonymous the “civilized” way to respond under these circumstances?

    It doesn’t seem so to me. It seems like a crybaby response. The excuse that Niro didn’t want to get into a “flame war” is equally pathetic. You’ll note that in the “interview” referred to above, Niro also fails to respond to the substance of Frenkel’s blog postings. Listening to Niro in the absence of any other information, you’d think that Frenkel was encouraging folks to put flaming bags of dog doo on Niro’s doorstep.

    “Niro’s not the one who filed the defamation suit against Frenkel.”

    I never claimed that he did. Niro is the one who offered the reward, however, and led the charge to derail PTT.

    Niro also seems to suggest that it is “wrong” to influence people without revealing one’s biases. That is absurd. As Dennis points out in his response, educated people understand how to evaluate the truth of various matters. Perhaps Niro believes that judges and juries should be kept in the dark about certain aspects of his client’s business practices. That is not an unreasonable position, of course, for a zealous advocate to take.

  7. 34

    Interesting interviews.

    One has to sympathize with Niro if he was receiving personal threats. It was probably wrong for Frenkel to not notice and delete a death threat on PTT but it’s still a stretch for Niro to blame the hostility directed at him by others on the fact that Frenkel tried to be anonymous. It was interesting that Niro says “I am going to be taking his [presumably Frenkel’s] deposition in a case shortly” and so would be able to find out about the involvement of other employees at Cisco. Is Niro acting on the libel action against Frenkel and Cisco in some capacity?

    In your interview you attribute the current hostility to patents as a general reflection of the disregard of many young people to intellectual property rights. While there may be wide spread hostility among young people to the efforts of record companies to stop file sharing that probably does not translate into a widespread hostility to efforts by small inventors to obtain royalties from the likes of Microsoft. I suspect that the hostility you see to the efforts of companies like Global Patent Holdings to enforce the “jpeg on a website patent” is coming specifically from “computer nerd” types who are offended by the triviality of some of the patents being claimed, granted and enforced and who tend to be smart but poorly socialized.

  8. 33

    “As for the guy who didn’t know MP reached Japan – well, you learn something every day.

    As for the Japanese apologists, save it. I don’t buy it and I won’t.”

    GP: Got something I can read about MP visiting Japan?

    Also, do you own a TV, computer, wristwatch, radio, and/or 747? If so, you own something that was wholly or partially made in Japan. Don’t see how that’s escapable unless you’re out in the woods somewhere.

    And if you’re going to be political/principled about what you buy, you should probably stop buying stuff made in China, too. Treatment or women, human rights, free speech, etc. I don’t see how Japan could be worse, especially these days.

    If, on the other hand, this stems back to the war, then there are a whole lot of other countries whose products you should avoid as well, namely, Germany, Italy, Finland, portions of France, etc.

    I could go on.

  9. 32

    I’m going to have to disagree with you GP, at least on the women portion. I don’t know how each individual in Japan treats his lady, but having an asian gf myself I can tell you that they are simply a different breed over there. If my gf is any indication (which she is, based on my own previous gf’s, and other people whom I know’s experiences) they genuinely enjoy being dominated (notice not abused). It’s quite different from the average American women’s feelings on the matter. American, and more recently, European women somewhat, are the exception to women’s behavior throughout the history, not the rule. Don’t ask me why all that is the case, it’s quite strange to me, and quite a change of pace from my usual involvements with American raised girls. So again, the Japanese have exactly what they want. Maybe some little ladies rail against the system sure, and who knows, maybe they’ll soon run rampant like the ones over here are, but for now they’re not a vocal majority taking back their rights from their “oppressors”. And btw, you and I both know that’s the only way for people free of oppression to arise, to take their rights back through excersize of power (be it sexual, military, political etc)

    Now if you’re saying they’re a bunch of wife-beaters, well … we kind of have that problem in this country too in case you hadn’t noticed, but that doesn’t mean everyone does it.

  10. 31

    Friday Happy Hour starts at 4pm EST, hey that’s right about now…

  11. 30

    Dear GP ( 尻 の 穴 ):

    Re:
    “For the guy raving about his son – dude, there is nothing worse than doting fathers raving about their brats.”

    Our brats, GP, all our American brats; I said:

    “What impresses me most, however, is that my son’s achievements are not atypical; throughout his schooling, his classmates have also been among American finest.”

    BTW, there are treatments for depression you may want to consider. And youtoobe can be happy—try repeating this a few times:
    link to youtube.com

    I bet dinner you’ll be smiling before you’ve seen it the third time. You won’t be able to help yourself, guaranteed, or your money back, Jps.

  12. 29

    私がそれを難しいと感じる 不可能ではない場合には、同等のものが101節について議論し始める 全ての意味深長な分かりやすいガイダンスの欠如で「心理作用」のように「数学のアルゴリズム」、「自然法則」、などがどのような条件に病気のままなのかが定義した。

  13. 28

    “As to the original question, why don’t you think more simply?
    Japanese entities file 10 applications in Japan and 5 (relatively important inventions) among the 10 in the U.S.
    US entites file 5 applications in the U.S. and 2.5 among the 5 in Japan. Thus, 20% from US entites in Japan, and 50% from Japanese entities in US. This is simple calculation.”

    I thought the Asians were stereotypically good in math.

    “Everything coming out of Nippon is the best quality”.

    Oh brother.

    We’ve got it all in this thread, don’t we?

    For the guy using Word to spell check, just switch to Firefox as your browser. As I’m typing these words on the PatentlyO Website, Firefox is underlining misspellings. If you right click on an underlined word in FF, it makes suggestions.

    For the guy raving about his son – dude, there is nothing worse than doting fathers raving about their brats.

    So your kid speaks Chinese and wants to learn Navajo?

    As Tim Foley would say, “la de Frickin Da”.

    To the guy going on about “growing up in the Number One country” – sir, stop eating so much American Pie.

    While America may lay claim to being the best at many things, our list includes – meddling all around the world, thereby engendering hatred, polluting our own environment, and, indirectly, the world’s, invading sovereign nations for their oil wealth, their ties to communism, or because we don’t like the leader, assassinating democratically elected leaders (Chile), . . .

    So save it. Be a little more humble. We are not “the best” and we are not “number one” and if you parrot that crap then you are voluntarily taking the medication that has cost 4,000 kids their lives in sands over oil.

    As for the guy who didn’t know MP reached Japan – well, you learn something every day.

    As for the Japanese apologists, save it. I don’t buy it and I won’t.

    When women aren’t treated like dogs in Japan I’ll consider it.

  14. 27

    ‘And by the way, the Japanese economy has not “stagnated” so much as “not grown”.’

    That parrot is not dead, it’s resting.

  15. 26

    Caveman and Sir or Madman made good points, and it is true that Japan-market-only items are the best quality in the world.
    The U.S. industries must learn more from Japan instead of sticking to the good old days.

    As to the original question, why don’t you think more simply?
    Japanese entities file 10 applications in Japan and 5 (relatively important inventions) among the 10 in the U.S.
    US entites file 5 applications in the U.S. and 2.5 among the 5 in Japan.
    Thus, 20% from US entites in Japan, and 50% from Japanese entities in US. This is simple calculation.

    Further, I’d like to point out that the linked article relies on old data (about ten years ago). For example, the Japanese Supreme Court clarified the requirements for DOE in 1998, and thereafter, the Japanese courts frequently applied DOE. In addition, in response to the pro-patent policy by Japanese government in the early 2000’s, the courts interpret patent claims more broadly, at least compared with ten years ago. I think the author of the linked article need refresh the data.

  16. 25

    “When Marco Polo first landed on the shores of Japan, the first thing the local ruler did was throw him to the ground and urinate on him.”

    It’s news to me that Marco Polo went to Japan.

    Caveman made some good points. In addition, pretty much every manufactured item that comes out of Japan is very high quality. Japan-market-only items are even better.

  17. 24

    “MM I do believe you were re to Cave, not me.”

    My apologies. Hasn’t Dennis read that survey yet? ;)

  18. 23

    PS: He also writes jazz, plays the Saxophone, rebuilds musical instruments we buy at garage sales, and he was dubbed the “cat whisperer” when he did volunteer work at the ASPCA acclimating new arrivals.

  19. 22

    Dear lower,

    I don’t read Mandarin, but I discover the translator yesterday on “igoogle.com”. I also discovered Patently-O accepts many foreign language alphabets, just Cut and Paste. Most often I write my comments in Word (my spelling sucks but Word corrects for that) and I cut and paste into Patently-O.

    I am proud to say, however, that my 18 year old “Renaissance Scholar” son won an Academic Award two years ago for his achievements in Foreign Languages, including his ability to fluently speak, read and write beautiful Mandarin, and he has been to China twice on student exchange programs. He is currently taking an advanced language course in college and he is fascinated with Navajo. He is a natural scientist and also excells philosphy, but he doesn’t like to talk politics with me. I wonder why?

    I sent my son this comment yesterday (the one with several alphabets in it):

    link to patentlyo.com

    and I used this subject line: “Use to be, like father like son, but now, like son like father.”

    Being such a blessed and proud father influences why I passionately want America to lead, not follow, and why I want my son to grow up is the most prestigious number One nation, Just as I did.

    To be fair, my son has always had the advantage of going to Magnet Schools with advanced programs. What impresses me most, however, is that my son’s achievements are not atypical; throughout his schooling, his classmates have also been among American finest.

  20. 21

    And by the way, the Japanese economy has not “stagnated” so much as “not grown”.

    The ultimate and greatest failing of the 21st century will be disclosed when the concept of “neverending growth” is finally seen to be the destructive force that it is.

    To quote the Oracle – if you expect the stock market to go up 10% a year, then you expect the Dow to be at 1,000,000 by 2100.

    The definition of a “healthy” economy as one that is constantly growing is incorrect as a matter of common mathematical sense.

    And all but a handful of countries would have been happy to change economies with the Japanese over the last 20 years.

    Don’t be fooled. The Japanese have exactly what they want.

  21. 19

    Caveman wrote: “Treatment of foreigner entities looks a certain way from the outside, but its a practical way, culturally refined over thousands of years, to protect the glue that holds Japan together, which is the strong sense of service, teamwork, cooperation, and mutual respect.”

    What a load.

    Respect? Respect for whom?

    Tell that to women in Japan.

    Tell that to any non-Japanese in WWII or any of the hundreds of wars Japan instigated in the prior 1000 years.

    Any “respect” show by Japanese officials/companies is shown only if it benefits the country/company.

    When Marco Polo first landed on the shores of Japan, the first thing the local ruler did was throw him to the ground and urinate on him.

    That, in an anecdote, is why the Japanese system is the way it is.

    “respect and understanding”

    riiiiiiiiiiiiight. That’s what it is.

  22. 18

    To my new friend Leo—
    I extend my warmest “Thank You.”

    * * * * *

    (上 午 分 別 時 用 語) 再 會
    Good morning Mr. CaveMan,

    Re:
    “Its ‘blog-o-riffic’ ramblings from posters like you #6K that are going to drive me away …”

    I’ve learned to fight my intellectual curiosity urge and simply scroll past 6K altogether, and by doing so, the annoyance level of this blog dropped almost to zero. If there was a bit of software available on Patently-O that allowed a reader to program his PC to skip certain commenters, or by request to Professor Crouch to lock out for individual readers other individual readers, such customization would result in a more rewarding experience and increase readership significantly for the reason you mention above – the number of readers tuning out because of the annoyance level would drop considerably.

    How about this for a software invention: A type of “spam” filter but instead of spam, it searched for spelling and or grammar errors, and upon counting say, a dozen in a given submission, or a number which is determined in part or solely by the length (e.g., word count) of the submitted comment, to automatically, w/o human intervention, issue a “reject” to the would-be poster. (If I decide to file an application, I understand I have a year to do so and claim priority to this comment posted today, but only in America, right?)
    (Or would this invention of mine be considered an unacceptable “profiling” scheme against those who are mentally-challenged ?) (o^õ)

    Also, this may sound somewhat silly, but when I feel annoyed, or, e.g., get served with papers, I like to tune to this 45 second link— it never fails to lighten my spirit:
    link to youtube.com

    On another note, like the Obama-Pastor story, the Cisco Systems, Inc-Fraud story (“Cisco=Fraud”) is going to play out for a long, long time to come.

    As the number of law suits seeking damages v. Cisco rises over the ensuing months, it will become increasingly apparent to fair-minded citizens that there has never been a more clear cut, offensive and dam-ning example of IBOB (International Big Organized Business) hijacking the American branches of government. It may very well prove to be a high point in American history, Just the foothold needed for We the American People to start to take back our Government. With the upcoming election, the timing is quite advantageous.

    過 好 一 天

    只 是 一 個 普 通 的 發 明(技 術 備 忘 錄)

  23. 17

    Its “blog-o-riffic” ramblings from posters like you #6K that are going to drive me away from this site, perhaps to your glee. But I can guarantee you that if you and Mooney wind up being the pillars that hold PatentlyO commentary up, it will indeed become a sorry, sorry place. Like I said, a race to the bottom.

    And annon does have a point. Niro isn’t the one suing Frenkel and Cisco.

  24. 16

    “It’s also not a particularly fair fight when 2 people debate and only one of them is anonymous.”

    I disagree, JD’s been doing it for quite awhile now and he does just fine. He is an online patent status quo champion if they ever had one. Take a lesson from him, stick hard to your guns no matter the cost in reason etc. If you ever bother to google him, you’ll see really fast that there is ample ammunition to blast him with personally. But we respect him a bit, if for no other reason than his admittedly knowledgeable stance, so we can refrain from the majority of such. But see, Niro didn’t do that. Everyone on the interwebs should know that the first thing an angry netizen does when they find out another netizen that they don’t like’s name is google you, find out where you work, your wife’s maiden name, your children’s names and school locations (complete with playgrounds), when/where you graduated, your (perhaps unlisted) phone numbers for the last 6 years, and then proceed to hack your myspace to put up questionable images regarding your personal preferences in certain areas. And you have to finish it off with a death threat or two. That’s what happend to Niro, standard issue encounter with a standard Anon. If you guys would get to exploring the landscape of the net a bit you’d know this by now. You’d also know that the standard issue defense against such netizens are typically a dog and curtains. As long as you have those, it’s rumored you’ll be perfectly safe.

  25. 15

    MM I do believe you were re to Cave, not me.

    I’m going to have to disagree with you saying this “Anyone who thinks that Super Civilized Niro freaked because “he’s old” or because some nutcase anonymous commenter allegedly threatened to physically harm him is naive.”

    at least in that the physically harm him part. You’ve gotta remember, he’s NOT your standard netizen, he’s extorting big $$$ from companies based on their USE OF JPEG. That kind of a$$hattery will get you a few RL death threats, which I for one would be surprised if he hasn’t had more than a few of already.

  26. 14

    I’m no fan of Niro, but he was entitled to respond as he did. He’s entitled to state his opinion of Frenkel publicly, and he’s (legally, at least) entitled to offer money to other people to do legal things to out Frenkel.

    Also, Niro’s not the one who filed the defamation suit against Frenkel.

    Malcolm, given your experience with blog comments, you must understand why Niro thought it was a better use of his time and money to offer a bounty rather than comment on PTT. Him responding to PTT with a rebuttal would just start a flame war. It’s also not a particularly fair fight when 2 people debate and only one of them is anonymous.

  27. 13

    “to be successful you have to be some kind of uncompromising prig and destroy everyone around you with an “I win-you lose” mentality (again, Mooney comes to mind)”

    Uh, schizophrenic much? It’s the internet, remember? The only thing that is being “destroyed” when you post here, ex#6k, is your tan.

    Getting back to the subject at hand, this same sort of misplaced obsession with “getting along” and “working things out so everyone is happy” is the most pathetic aspect of Niro’s whining. Super Civilized Niro can’t stand that somebody talks about him without Super Civilized Niro being able to respond the way Super Civilized Niro mistakenly believes that he is entitled to respond. Super Civilized Niro was free to post on the PTT’s blog and provide his rebuttals and facts. Why didn’t he do that?

    I agree with Dennis that there are generational differences in American society but I don’t believe that Super Civilized Niro’s reaction to PTT has anything do with that difference. To put it plainly, PTT simply got Super Civilized Niro’s goat and Super Civilized Niro freaked. Anyone who thinks that Super Civilized Niro freaked because “he’s old” or because some nutcase anonymous commenter allegedly threatened to physically harm him is naive.

    Super Civilized Niro freaked because he and his clients simply could not bear to have the facts laid out and analyzed — apparently reasonably — in such an easily accessible fashion. And the irony is that not that many people were paying attention BEFORE Super Civilized Niro freaked. But many more will be paying attention in the future. That should be obvious to anyone, including Niro, regardless of his advancing age.

  28. 12

    “And I don’t mean settlements, I mean creative, mutually beneficial, business deals.

    The main problem is the cultural mentality. The business and law schools in the U.S. seem to be somehow geared toward producing nothing but brats with a sense of entitlement and a notion that to be successful you have to be some kind of uncompromising prig and destroy everyone around you with an “I win-you lose” mentality (again, Mooney comes to mind) and not toward getting big things done in a win-win spirit. That, my friend, is neither success nor good business. Its kid stuff.”

    Quoted for truth, also fixed “One”. The thing is also that the powers that be behind the scenes of our great society like it just this very way. And I say that in a very non-conspiracy theorist way.

  29. 11

    I figured that was what happened. In any case, seems like a good summary. Sorry for getting all uncivilized, but frankly, where I come from in young people land it “is” civilized. One speaks for *srs* when one is serious. When one is on the “interwebz” shooting the balogna with your fellow netizens then you’re not speaking for srs, you’re speaking for lulz (laugh out louds at other’s expense or over less than proper subject matter), and everyone knows it. You may also be making a poignant commentary about the subject matter at hand, or otherwise steering the conversation into a more appropriate waste of one’s time. Everyone can tell this, and understands why it must be so.

    Why is this the case? Because as Dennis states for us, everyone can broadcast themselves at little (not 0) cost to themselves so they will do as they please. You well-civilized upper class boyz are getting a refresher in humanity that you strive to separate yourself from, like I do when I walk to 711. Welcome to a place where we’re not separated by class/money/power to have the uncensored (by law or societal norms) truth of what we believe heard.

    I also have to look into what Dennis was talking about on his show about the game being mostly played by the big boys in the years of yore, because that is probably one of the most crucial factors in the new notions on what is reasonable in IP.

    Oh, and Cave, fyi, I do represent the newer generation’s beliefs. Not directly of course, but as a general representation. I see them every day, I talk to them, they are my friends. I know ones at the office, ones in industry, ones in graduate programs, and ones of lesser education than anyone is proud of. I’m probably right smack mid center in terms of my views on what is reasonable in IP. The ones that I don’t represent of course are the ones who are trying to break into the well entrenched industries of today using the crutch of an ailing patent system. My only comment on that is that there are many barriers to entry besides another company copying their particular obvious combination and that using the brokenness of our patent system as a band-aid is not a good fix. Oh, I also don’t represent the young 3L’s who are well brain washed by their 1-2L teachers as to the application and “sanctity” of the law. The law has its place, and decency to ones nieghbors (and the world at large) also has its place. We’re more of a generation that values the decency to one’s neighbor above the over litigated days of recent yesteryore. We are a generation raised on the tails of outrageous litigation, divorce, pollution, and government involvement. Does the recent turn-out in favor of Barack surprise you in any way? There is hardly a young person alive (sans a die hard “Young Sons of Republicans” that secretly thinks Barack is OK, or a die hard racist) that doesn’t think he’s AT LEAST a decent candidate. You know why? Because he spouts NONSTOP about change. And this even in the fact that Barack isrepresenting the Democrats, historically believed to bring more big gov. And this is even in the face of him having attended that church with Mr. bad preacher or whatever. We HA TE litigation, we HA TE divorce, we HA TE over pollution, and we especially HA TE government involvement, we fear all 4 moreso than we ha te them, and that’s just the way it is. Deal with it.

    This is me speaking on my own beliefs about the current generation, and I’d like to make it clear that I do NOT endorse Barack nor any other candidate.

  30. 10

    One thing that Japan does better than anyone else is work together to produce things. One reason for the way the system is is that the idea of destructive competition is crazy to the typical Japanese person. When you live in a small country like Japan the size of California with 130M people, you begin to realize what a disaster it would be with destructive ego monsters, like, say, Mooney, running around everywhere being all adversarial all the time. Treatment of foreigner entities looks a certain way from the outside, but its a practical way, culturally refined over thousands of years, to protect the glue that holds Japan together, which is the strong sense of service, teamwork, cooperation, and mutual respect.

    For example, in an unprecedented move that could never occur in the U.S. (in part because of antitrust laws), major consumer display producers around the Pacific Rim including Japan and Korea are teaming rather than “competing” to cooperate in the production of high definition panel displays. The result will most likely be cheap, multi-standard compliant large panel displays available in large numbers. Everyone wins.

    And to say that there is “no competition” on the islands is crazy. For example, you have Honda, Kawasaki, Yamaha and many more all making motorcycles for the Japan and international markets. Do they compete? I would say it better that they cooperatively coexist. No one from outside can really compete, but not because of protectionism. There are Harleys and Ducatis and other non-Japanese bikes in Japan. Its just that the world wants Japanese bikes.

    The U.S. could learn some lessons – especially where it comes to mutual respect and cooperation. For example, rather than attempting to “destroy the competition” all of the time (a tiresome race to the bottom that produces nothing but human residue, just look at Mooney), companies could work harder to get deals done before cases go to court. And I don’t mean settlements, I mean creative, mutually beneficial, business deals.

    One problem is the cultural mentality. The business and law schools in the U.S. seem to be somehow geared toward producing nothing but brats with a sense of entitlement and a notion that to be successful you have to be some kind of uncompromising prig and destroy everyone around you with an “I win-you lose” mentality (again, Mooney comes to mind) and not toward getting big things done in a win-win spirit. That, my friend, is neither success nor good business. Its kid stuff.

  31. 8

    Dennis — great job on that interview, especially your summary. I guess I would have appreciated a more direct rebuttal of some (or all) of Ray’s baloney. Perhaps I’ll take that up myself after JAOI transcribes Ray’s portion of the interview for me.

  32. 7

    Ray Niro says he feels genuinely sorry for Frenkel because Frenkel is going to regret saying certain things.

    Right. Does anyone here believe Ray when he says that?

  33. 6

    e#6k, Ray Niro is an even more pathetic crybaby than I ever imagined. Right off the bat he plays the “civilized” card, i.e., bloggers and blog commenters are oh-so-uncivilized according to his definition. Boo hoo hoo hoo hoo. Someone said a “hurtful” thing on a website! Society is crumbling, etc.

    Lame.

  34. 4

    This has got to be one of the most funny things I’ve ever heard, if anyone hasn’t listened to Niro and Dennis on the radio above you definitely should check it out.

  35. 3

    Dennis:

    Do you know if there is a deadline by which the judge has to reach a decision in Tafas v Dudas?

  36. 2

    “Nice deal if you can get it.”

    Except that it is just part of the rigidity of Japanese society generally which has caused their economy to stagnate for 20 years.

    You forgot to mention Japanese nationalism as the cause of the war in the Pacific from 1941 to 1945.

  37. 1

    The linked article on Japan notes:

    “There are several important legal differences between the U.S. and Japanese patent systems. Most notably, Japanese patent law (like most jurisdictions around the world) is based on the first-to-file principle.”

    I’d differ.

    I’d say that, most notably, the (unwritten) Japanese patent law is based on the first-Japanese-to-file principle.

    I will give the article this:
    It broaches the issue of Japanese nationalism as a potential cause for the disparity in filings.

    It does no more than broach, however, and, in order to understand why most companies won’t throw money down a “wat hole” by filing in Japan, only a cursory analysis is required.

    Preliminarily, Japanese are extremely nationalistic. This is a cultural phenomenon that is the direct cause of the current patent system.

    Japan has a differentiated immigration policy for asians and non-asians. Don’t get ahead of me. The asians are more restricted than the non-asians. What else do you need to know?

    It’s about race, it’s about nation, it’s about Emperor and empires – it always has been that way with the Japanese and will likely be that way into the distant future.

    The Japanese have the exact system they want.

    Their “patent” system functions to limit outside companies from entering the economy.

    It does so admirably well.

    Barriers include, but are not limited to, “narrow” claim interpretation, interpretations limited to examples shown, costly fees, and many other artifices that exist only to make filing in Japan not worth the hassle.

    Japan has it made, patent wise.

    Their companies exist with little or no competition on the islands of Japan, and with little or no threat of being enjoined by a court order of infringement (although that seems to have gone by the by in the U.S. now anyway), and with the ability to compete on equal footing in the U.S. and EPO patent system.

    Nice deal if you can get it.

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