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fncypants

359 karma · joined February 26, 2015

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fncypants··on British Airways will suspend over 35,000 of its employees
Its not that the companies should have kept the cash, though. Buybacks are not inherently bad. But the US, many buybacks were a direct result of the reduction in corporate tax rate in 2017. Instead of using their greater cash flow to reinvest, raise wages, etc, they bought back stock primarily held by wealthy and institutions. Effectively a transfer from the US Treasury to the wealthy class, leaving the US with fewer options to weather the current storm for its citizens as a whole.
fncypants··on Our Self-Isolating Future: How working from home could reshape society
It seems that only once you have kids you realize how much of society that doesn't make sense to you is the way it is in order to accommodate the logistics of children and schooling.
fncypants··on Andreessen-Horowitz craps on “AI” startups from a great height
Open does not mean patent-free.
fncypants··on Having Kids
Curious about the age of your kid. Mine is 3-4 yrs old, the only one. My life has changed, a lot, over those years. What you describe was the first 18 months for me. The next year was hell with zero productivity. Then 5-day a week pre-K changed everything again. I hear it will change again in a few years even better. Hoping for it.
fncypants··on Having Kids
A good motto with kids is, if you can afford it outsource it. Part of what the US does not do well is provide a basic level of outsourcing (day care) to those who cannot afford to.
fncypants··on Having Kids
Consider that perhaps what they found is actually greater happiness. Not saying it’s true or that everyone should follow the kid path, but I’m experiencing what you describe and can confirm that the hobbies/interests were and still are fun but are turning out to be not the best part of life.
fncypants··on End Software Patents (2007)
I’m curious as to why you think the patent is unenforceable?
fncypants··on The Death of the Sidewalk
The article links to an original NYT publication from the 1890s. What struck me first about it was that it was a reckless police shooting of an unarmed man. And the policeman was arrested and charged and people were upset about it. History repeats itself.
fncypants··on US10144532B2 – Craft using an inertial mass reduction device
Being a patent lawyer, I had to dig a little deeper because there is a record behind every patent.

As you some of you already know, the patent office does not freely give patents for impossible devices. No perpetual motion machines, no magic invisibility cloaks, nothing that an ordinary person in the relevant art could not build after reading the patent. This is a doctrine called “enablement”—the patent, plus what is already known in the art, must be enough to enable one to build a working device without undue experimentation. This is the quid pro quo of the patent system: to get ownership of the invention for 20 years, you must tell everyone enough about it to build it themselves.

This patent almost suffered the fate of non-enablement at the patent office. What led to its issuance is the interesting part because patent examiner tried and tried to reject this patent as not “enabling” the invention. Yet it issued anyways.

I cannot link directly to the patent prosecution documents, but the files are public and you can find them at the USPTO database[0] by searching for the patent's application number 15/141,270.

The patent was filed in April 2016. The first action by the USPTO was in November 2017 with the usual delay and it rejected all claims as not enabling the invention. Simply put the examiner said: “You’re claiming a perpetual motion machine, good-bye.”

The patent examiner and the applicant held an interview in January 2018, which is an ordinary event to try to convince the examiner is wrong. The examiner pointed out “that he still felt there were enablement issues.” The applicant disagreed. No agreement was reached.

A few days later, the applicant filed his formal response to the rejection. He attached a published article under his authorship in AIAA Space Forum[1]. He also cited other publications on how to “generate extremely high EM flux intensities.” Basically, he's saying I'm peer-reviewed here is some other peer-reviewed articles, and it being peer-reviewed that's all you need to know.

But most interestingly, he attached a letter from Dr. James Sheehy, Chief Technical Officer of the Naval Systems Air Command, indicating that the amount of magnetic field and electricity described as being required by the patent “can be created, and thus the invention is enabled.” Dr. James Sheehy is a real dude, with that real title and corresponding resume.[2]

Dr. Sheehy’s letter is fascinating. It asserts that the applicant is currently one year into a project to demonstrate the feasibility of high EM field-energy and flux and has begun experimenting with associated propulsion systems. Dr. Sheehy says he believes the research shows the invention will be a reality. Then he says (seriously, he says) “China is already investing significantly in this area and I would prefer we hold the patent opposed to paying forever more to use this revolutionary technology.”

The examiner at the patent office (who is typically kind of knowledgeable in the field) nevertheless called B.S. Peer-reviewed, shmear-reviewed. He rejected the application again finally in March 2018. He pointed out "for a high energy electromagnetic field to polarize a quantum vacuum as claimed it would take 10^9 teslas and 10^18 V/m." He said "these levels are not feasible with current technology so how would someone of ordinary skill be able to know how to create this craft? The largest magnetic field ever created is 10^3 teslas and a neutron star is 10^ teslas so how are you using a microwave emitter that produces a magnetic field that is three orders of magnitude greater than a neutron star?" And so on... Basically, the examiner said this is bullshit.

As is often done in this situation, the applicant filed an appeal from the patent examiner’s rejection. This is usually a procedure that is next addressed by a board of patent judges, with more briefing, typically oral argument, and takes months to years. But the appeal was never picked up after it was lodged, and it is unclear why. Two months after the appeal was filed, on October 31, 2018, the examiner (for no reason apparent in the file) allowed the patent to issue without comment and on the same day the government paid the fees it owed. The patent was issued in due course.

Whether or not the named inventor was a crank, and whether or not the invention was equally frivolous, this was a patent prosecuted by a Navy attorney, vouched for by the Navy CTO, and pushed through under atypical circumstances, in a public forum.

What's even more intriguing is that, if the Navy wanted, it could obtain the patent under a secrecy order that would keep it from the public's eyes until it was declassified.

Knowing all this, now ask yourself why this impossible sounding patent issued in a public forum with high-level brass support under tax payer dollars.

[0] https://portal.uspto.gov/pair/PublicPair

[1] https://arc.aiaa.org/doi/pdf/10.2514/6.2017-5343

[2] https://www.linkedin.com/in/james-sheehy-28437a8/

fncypants··on Tesla Is Decades Away from Full Self-Driving Cars
Clearly. Not only bad at statistics, and creating a straw man argument from an off handed comment from Musk, but motivated to trash Tesla. The short TLSA disclaimer should be at the top, or better yet in the headline: “Guy that profits from Tesla stock dropping says Tesla is not doing well...”
fncypants··on Lawyer's Led Zeppelin Complaint Is a Work of Art (2014)
Adobe Acrobat has a redaction tool that will add the black box AND remove the underlying text from the document. It is not mere black highlighting.
fncypants··on What Can Small Tech Companies Do About Patent Trolls?
Assuming you mean filing a lawsuit for infringement of a US patent, a foreign company can be sued in any federal district court in the US. It is a special case.
fncypants··on What Can Small Tech Companies Do About Patent Trolls?
It depends. I have obtained three orders to pay my client’s fees and all were paid in full. There is precedent (from an EDTX judge, no less) finding the plaintiff’s lawyer and the individual behind the troll liable when they were ordered to pay fees but tried to play that shell game. [0]

[0] https://insight.rpxcorp.com/news/7795

fncypants··on What Can Small Tech Companies Do About Patent Trolls?
The patent laws contemplate indirect or joint infringement, that could hold multiple entities liable if there is sufficient coordination. What you propose is an interesting investigation, but would quickly run into these issues of multi-party infringement.
fncypants··on What Can Small Tech Companies Do About Patent Trolls?
Some states have enacted bad faith litigation statutes. If the patent owner is not careful in avoiding the appearance of extortion, they can be liable for the defendant’s fees and other damages.
fncypants··on What Can Small Tech Companies Do About Patent Trolls?
Yes, just like any company with a virtual office. But the Supreme Court in TC Heartland last year limited where patent suits can be filed. Now, a _defendant_ needs a physical presence in east Texas to be sued there. Only big box retailers with stores in east Texas towns, or companies with headquarters / offices / storefronts in Dallas suburbs like Frisco or Plano, can be sued there. The virtual office for the patent owner no longer had any effect on the suit being proper in east Texas.
fncypants··on What Can Small Tech Companies Do About Patent Trolls?
In 2014 the Supreme Court ruled in Alice v CLS that computer inventions that claim “abstract ideas” are invalid. What happened in the years following is that the lower courts took this as an opportunity to weed out the crappy patents that were previously good extortion assets. Around the same time, the Supreme Court in Octane Fitness granted lower courts more discretion to shift fees and force losing plaintiffs to pay the defense costs for an unreasonable patent infringement claim. Also, in 2012 Congress passed the American Invents Act that created an Inter Partes Review proceeding at the patent office that lets accused infringers (or others) challenge the invalidity of patents more cheaply than a full trial and often to stop a trial pending its resolution. All these combined have resulted in substantially lower troll demands, and more reluctance by trolls to follow through with an extortionate case.

Good precedent is in Inventor Holdings v. Bed Bath Beyond at the Federal Circuit Court of Appeals. The holding is that a lower court can decide that if a plaintiff turns a blind eye to how bad it’s sotware patent is in light of _Alice_ and doesn’t drop its case, it can award the defendant its attorney fees. This particular case went on far, far too long and the court awarded almost $1M in defendant’s fees to be paid.

fncypants··on What Can Small Tech Companies Do About Patent Trolls?
I am a patent lawyer, and the sentiment from the article is on point. Recent case decisions have flipped the script for small companies targeted by patent trolls. The term “Troll” captures many different kinds of patent lawsuits, but most often now the only trolls willing to sue small companies are looking for a quick small payday and will not tolerate any suggestion that they have to put up a real defense of their case on the merits. It can vary, but I have convinced several trolls to drop their case for small clients for just an hour’s worth of work. They know when I make an appearance for a client that they have to put up a fight and will walk away, and if they don’t I have been successful in several cases getting them to pay the lawyer fees incurred by my clients. Happy to answer any questions about the range of responses that may be necessary to defend against this scourge. But I’m happy to report that the trend is favoring the defendant in these scenarios.
fncypants··on Emails Show FDA Chemists Have Been Finding Glyphosate in Food
I've noticed that Monsanto appears to be on an astroturfing campaign. Half of the ads appearing in my Reddit front page are promoted posts that are pro-glyphosate. They point to legitimate news articles, for example, that report on a study finding that glyphosate is not a carginogen. Of course, these studies contradict other studies that glyphosate is a carcinogen or otherwise a concern.

In truth, I was ready to believe the pro-glypsophate studies until a contrary consensus formed. Because of this astroturfing campaign, I now have doubts.

fncypants··on Sinclair Made Dozens of Local News Anchors Recite the Same Script
No for-profit news organizations? That don't take money in exchange for delivering consumers eyeballs to advertisers I presume?

I hope then that you subscribe to your public broadcasting stations (read: fund PBS and NPR news reporting--are you OK with that?) and have told your representatives to fund those organizations.

If not, then you're looking for something that cannot be achieved and will forever be moving the goalposts. Media in the US or anywhere else, even when it is best, has never been un-biased. But it has been more honest and fair.

fncypants··on Sinclair Made Dozens of Local News Anchors Recite the Same Script
This message was tailored to push the "fake news" narrative of the current administration under the guise of journalistic integrity. It is designed to engender absolute distrust in non-Sinclair media, which given Sinclair's enormous market share[0] is unwarranted and harmful to the democracy.

Why would this be classified by Sinclair a MUST run segment for likely one reason? Easy: to curry favor with the White House to clear the path for further consolidation. Trump speaks glowingly of Sinclair,[1] despite what others consider to be anti-competitive acquisitions and mergers and detrimental to a healthy free press.[2] Yet, Trump has taken action to prevent CNN from merging with Time Warner which is currently being tried in a courtroom.[3] The difference is that CNN's news reporting is very unfavorable to this White House.

This is not how a democracy remains healthy, or, really, how one continues to exist.

[0] https://www.usatoday.com/story/money/business/2017/05/07/sin... [1] https://www.politico.com/story/2018/04/02/trump-defends-sinc... [2] https://www.vox.com/2017/5/15/15598270/sinclair-broadcast-im... [3] http://money.cnn.com/2017/11/21/media/trump-comments-att-tim...

fncypants··on An AI app that generates quizzes from a photograph of a texbook
Copyright laws typically prohibit both identical copies, which appear to be done here by users during image processing / OCR even if only transitory, as well as derivatives of the copy. So the question then becomes, is this "fair use"?

If the use case for the app is personal use by the possessors of the textbook, very likely no problem. For all other uses you should consult a lawyer to make sure you're in the clear.

fncypants··on Stanford, USC, Duke study shows AI can read contracts better than lawyers
Very true.

There is a fundamental role that lawyers play that is an intangible: to pursue justice for the client.

Much of why law is expensive and has been slow to automate is because of intentional and unintentional barriers.

Unintentional because it has developed in evolutionary form, over hundereds of years, and during that time has imperfectly used human language as its protocol. Contracts and statutes are difficult to make perfect using the English language. Lawyers thus argue over what the parties intended and understood when they fixed their promises into words.

Intentional because of, for example regulatory capture. Law is an industry that has taken actions in the past to make itself necessary.

But even if these barriers are fixed and much of law is automated, there remains a notion of what is fair and right, or ought to be fair and right. This is a human concept.

Take for example blockchain and its contracts, which remove some of these barriers. Currency is transferred to/from one address to another because that is what the code intended, and the code is law and the transaction immutable. But what if the other side fraudulently misrepresented who they were? Do you not want a human advocate and arbitrator there to determine what is right in this situation?

fncypants··on Moscow may use Ethereum based voting blockchain system in upcoming election
Using an existing program called Active Citizen, the city of Moscow has been allowing residents to cast votes for measures ranging from the name of their new metro train to the color of the seats in a new sports arena.

Why is this even on the front page? This is not Russia... moving towards a transparent, functioning democratic system.

fncypants··on Many patent holders stop looking to East Texas following Supreme Court ruling
This "documentary" is a defamatory hit job by someone who (rightfully or wrongfully) was on the receiving end of a patent infringement suit. It needs to go away. There is much more serious discussions that need be had about the patent system than the theories and falsities raised by this guy.

The judges and other professionals working in the district are just that--professionals. There is no secret cabal of lawyers conspiring to screw tech companies there. The judges and courts are not biased against defendants and trying to screw them.

There may be a tendency of to protect the district (e.g., avoid transfers of cases out), since the judges see themselves as stewards of the community in which they serve. But that has no bearing on the merits of the case or who wins. And recent changes in the law have significantly mitigated this. The judges are very knowledgeable at patent law, being very experienced in the domain.

Source: Am a lawyer that has practiced over a decade there, represented both sides of the "v.", also appears in numerous other courts around the country, and has obtained multiple decisions from different EDTX judges forcing patent trolls to pay my clients' attorneys' fees for frivolous lawsuits.

fncypants··on Luna 1.0 Beta is out
Oh, ok. But pardon the ignorance, but how do the investors make a return on their investment, freemium language and premium tools?
fncypants··on The MIT License, Line by Line
While much legal jargon can be dispensed with because the intent is clear from simpler language, this one actually has some purpose.

"Arising from/out of X" implies that the claim was caused by X (here, the from/out of is redundant as you point out)

But "in connection with X" implies something more broader, merely that it has a nexus to X.

By joining the two, the drafter sends the signal that the intended scope is as broad as it can reasonably be. If it only said "arising from," some claims that only have a tenuous relationship to X do not fall within the scope. Parties may decide that they want the scope to be narrow, or they want to be be broad, and the language matters.

fncypants··on How to read a patent in 60 seconds (2010)
Any public disclosure of your product (which could be as simple as a demo to potential investors not under NDA or a YouTube video), "publications" including web pages, and "offers to sell" which may include advertising. Announcing the name of your product probably is not a problem, but a splash page that describes how it works or on boarding users could make your idea public. The details can get tricky.

If you think you might want a patent, don't hesitate to talk to a patent lawyer to make sure you are not waiving your rights, otherwise you'll regret it. You can always choose not to spend money on the patent application but make that decision after you know what you are doing.

fncypants··on How to read a patent in 60 seconds (2010)
You may have come up with what you think is a great new idea and several variations that are also useful. You claim the broadest one as an independent claim. And the refinements are dependent claims. The patent office may agree, and issues all claims.

If, later it turns out the big idea was not new, but the refinements are, then you may find yourself with an invalid independent claim but valid dependent claims (which are treated as though they stand on their own). Although you could have filed the dependent claim as independent just the same, it saves paper and cognitive time analyzing it, which is a good thing. And for that reason patent fees are more expensive if you add more independent claims rather than dependent.

fncypants··on How to read a patent in 60 seconds (2010)
Google has an excellent tool for searching US and international patents at https://patents.google.com
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