Patentlyo Bits and Bytes by Anthony McCain

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About Anthony McCain

Anthony McCain is a law student at Mizzou where he is focusing on intellectual property; He has a background in mechanical engineering.

20 thoughts on “Patentlyo Bits and Bytes by Anthony McCain

  1. 1

    “They lose everything when a shady judge in Marshall, TX uses an even shadier interpretation of an outdated intellectual property law to enforce a patent that the troll owns.” (Stephen Jenei: Indie Comedy Film “Trolls” Takes On Patent Trolls)

    Can you believe this?

    1. 1.1

      May I suggest that any definition of a troll cannot included the enforcement of a patent in court. The smear being perpetrated by you know who has gone way to far and is implicating the patent system as a whole. The patent system itself is being ridiculed when it is functioning in the way it was intended and is still being held up for this kind of ridicule.

      1. 1.1.1

        The patent system itself is being ridiculed when it is functioning in the way it was intended

        Since when has the US patent system functioned in the “way it was intended”?

        Not for the last 20 or 30 years, at least.


          MM, agree in principle that the patent system has not been functioning the way it was intended ever since at least State Street Bank.

          And the people behind the removal from the MPEP of the “business method exception” that preceded State Street Bank should also be held in infamy, if not sued for all the damages they caused America.


            And, might I suggest, that the people in power at the AIPLA that did not argue against business method patents but instead promoted them need to be taken to the woodshed.


            There never was a “business method exception” in the law as written by Congress.

            Wise up son – your propaganda is transperant.

      2. 1.1.2

        any definition of a troll cannot included the enforcement of a patent in court.

        Nobody is going to buy that definition.

      1. 1.2.1

        How you can keep a straight face while concluding that 112(f) does not permit functional claiming.


          Sorry to interject here, but Mr. Really, could you define what you mean by “functional claiming?”


            I see what you did there! For shame, sir. MM is of the opinion that “logic and reasoning” leads one to conclude that 112(f) does not permit any functional claiming. I’m merely asking where I can hear him speak on the subject.


              Mr. really, I think that you and MM are operating on two different assumptions or definitions of “functional claiming” so that you are not really communicating.


                Not so Ned.

                There is little surprise that you “jump” to Malcolm’s defense, seeing as he aligns with your curse-ades against software and business method patents.

                To be clear then, Malcolm’s avoidance of actually speaking on point (in an inte11ectually honest manner) to Really’s point will actually be but a shadow to Malcolm’s avoidance of addressing the Congress-permitted, outside of 112(f) Vast Middle Ground of claims that are not PURELY described in functional terms (with structure and functional terms).

                I note that this is something even you run away from, as you have abandoned our discussions on Federico’s noting that Congress changed the game on this point in 1952.

                I will have to see if I can find the thread in the archives that has those deeply detailed (and painful for you) expositions.

                1. LOL – of what exactly…?

                  Pull your fingers out of your ears, stop your chanting and unclench your eyes.

                  What part of “curse-ade against software and business method patents” did you not understand?

                2. anon, there is a crusade here — in favor of business methods and functionally claiming inventions. There are windmills involved in this story. There are aging fools mounted on horseback thinking they are glorious knights of old. There are lost causes and their champions.

                  But, anon, to the extent that you think that the story is about someone else than those business-method-drug-addled practitioners whose businesses are collapsing in face of a tidal wave of opposition, you have another think coming.

                3. That’s funny Ned, as my view aligns with real law and real facts.

                  You? Windmill Ho and denigration tactics.

                  (You need a shower – that slime buildup is repugnant)

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