Posts Tagged: "media"

The media study shows high subjectivity among patent infringement news coverage, with 42% of the articles surveyed advocating a specific narrative… The study, which focused on coverage of patent infringement cases from 15 publications across business, tech and general news, finds that subjectivity in patent infringement coverage may be fostering a narrow view of patents and patent owners within their readership. This subjectivity calls into question the newsworthiness of patent infringement reporting among many major news outlets, including Forbes, Fortune, The New York Times, The Washington Post, Ars Technica and more.

Before you decide to bash the United States patent system or teach Patents 101 in 300 words or less, please acknowledge your limited knowledge of the subject matter. Please tell your audience that your article is only part of a much larger story that can’t be covered in a single column or blog post. Above all, please do not encourage them to take actions that could have serious legal consequences. You are telling an incomplete story.

I spend a lot of time every day and my staff also spends time every day looking through press releases, looking for stories. And I can’t tell you how many times I have come across something that I knew was good but I couldn’t get any information on. I mean literally no information other than the self-congratulating, back slapping stuff that you see in two or three paragraphs in a press release. So that is one of the things I want to talk to you about today. How do you get your story to those journalists and reporters out there who care? Continually there are calls from detractors who want to change the technology transfer system regardless of how wildly successful it has been.

In the late 1970s patents for devices which would accommodate the self-care and mobility needs of the aging and handicapped began to be filed. But it wasn’t until 1990 that the filings increased, numbering about 20 a year. By 2005, they totaled about 50 annually. The current trend in patent applications is now focused on humanoids, that is robots resembling and making movements like human beings. That is exactly the kind of story which attracts considerable media attention, creating the illusion that this robotics niche is taking off.

These first-level-thinkers just assume that information would be disseminated at the same rate without a patent system, which is so ridiculous it is hard to take anyone seriously who actually professes to believe such nonsense. Can anyone really believe that? This is why it seems overwhelmingly clear to me that there is an anti-patent agenda in many newsrooms across the country. No intelligent person who has reviewed history and has any knowledge about how business works would think that businesses would randomly disclose proprietary information in the volume that occurs today absent a patent system that incentivizes such disclosure.

In a recently published Forbes.com article titled”The Federal Circuit, Not the Supreme Court, Legalized Software Patents,” Lee doubled down with his absurd and provably incorrect assertions regarding the patentability of software patents. But he also more or less sheepishly admitted that his reading of the most relevant case is not one that is widely accepted as correct by anyone other than himself. He wrote: “To be clear, plenty of people disagree with me about how Diehr should be interpreted.” Thus, Lee admits that his primary assertion is one he created from whole cloth and contrary to the widely held views to the contrary. Of course, the fact that his radical views are in the minority was conveniently omitted from his ?Ars Technica? article. If Lee has any integrity he will issue a public apology to the Federal Circuit and issue a retraction. If Lee doesn’t come to his senses and do the right thing in the face of overwhelming evidence that he is wrong then Forbes.com and Ars Technica should step in and do what needs to be done.

Indeed, few articles have struck a nerve in me quite the way that a recent Ars Technica article did. The article is titled How a rogue appeals court wrecked the patent system??. It is a cheap shot, factually inaccurate and embarrassingly incorrect “news” story that concludes the Federal Circuit is at the heart of all the problems in the patent system. A real Pinocchio tale. Ars Technica? should be ashamed at having published such an inaccurate attack piece. If they are not going to properly vet articles in advance of publication then what have they become? Little more than an online technology specific version of those tabloids with the salacious headings. The patent system is far to important to the U.S. economy and our way of life to suffer from that level of journalistic ignorance and bias.