Violence done to Justice and Law by the Thugs

Even though we all know the world is unfair, it doesn’t have to be. And if it is, then it must be out of the greediness and ugliness of some very shameless people.

After the case was transferred to district court of Northern California, Google et al. went ahead with their preemptive strike. They alleged the ‘797 patent as invalid and moved for an early summary judgment.

Their story was the original filed application (a continuation-in-part application, “CIP”) did not disclose or support the “No Charge” claim limitations of the ‘797 patent, but in fact, the CIP does have “No Charge” limitations in its claims. See Tse's Petition For a Writ of Certiorari.

To make things happen look like normal, Google et al. played a very dirty but simple trick, they submitted a copy of an amendment filed with the Patent Office by Tse back in 2001, and alleged the “No Charge” limitations were later introduced into the claims by the amendment, and lied that no “No Charge” limitation in the original filed claims.

Despite Tse tried every way to urge the court to have a look at the originally filed claims which contain “No Charge” limitations, all his efforts were in vain.

And, believe it or not, in Dec 2013, their summary judgment motion was granted. The district court bought their transparent lie, so wholeheartedly that it extraordinarily closed the case on the very same day the summary judgment was granted, depriving Tse of his opportunity to move for a reconsideration.

Then, Tse appealed to the Federal Circuit, however, the Federal Circuit summarily affirmed the summary judgment with no opinion, again despite all Tse's efforts in urging the Federal Circuit to have a look at the originally filed claims.

This is a crystal clear case of corruption, to see it in any other way would be an insult to one's wisdom. Tse repeatedly emailed (classified as “confidential” temporarily, but may be laid open to the public when necessary) Google et al.’ attorneys, making a serious accusation that Google et al. corrupted the courts, and warning them of all the consequences. As expected, those highest-paid-in-the-world attorneys didn’t even say a word in response. Perhaps, they were too busy to open champagne.

Consequences

While the technology thugs Google et al. may still be happily enjoying heir champagne, the crimes they committed, including but not limited to, corrupting federal courts and patent infringement, are going to have some very undesirable consequences, to them and to some other people.

Because it is a superficial fact (See Petition For a Writ of Certiorari) that the district court had never had a look at the CIP’s claims in granting the summary judgment and thereafter, the Federal Circuit affirmed the summary judgment without an opinion, the summary judgment is legally VOID, for its violation of Tse’s Fifth Amendment Constitutional right, which guarantees “No person shall ... be deprived of life, liberty, or property, without due process of law ....” and, the requirements of due process includes, “Requirement that the tribunal prepare written findings of fact and reasons for its decision.”   

Moreover, owing to some technical problem, Google et al. didn’t invalidate all the claims of the ‘797 patent, with their summary judgment motion, and Tse may still sue any party infringing his patent freely, including those who are involved in Google’s infringement activities, that is, selling DRM (digital rights management) protected digital contents, for contributorily infringement.

However, unless Tse successfully appeals to Supreme Court, he would be legally forbidden to pursue his case against Google. Likewise, Google would have no standing for it to join, even if it wanted to, as a co-defendant, into Tse’s future lawsuits against the contributorily infringing parties. Those people would not have to face a lawsuit and stands as a defendant all alone, if not for the sake of Google.   

Now, it is up to this ugly-looking technology thug itself to decide whether it should play the game fairly, turn itself in by telling the Supreme Court the truth, and then face the lawsuit itself; or leave the mess it created foolishly for someone else to suffer, and continue to enjoy the fake victory that it obtained illegally and shamelessly!  

Download :

Google's Answer(amended) -- Forget all its hypocrisy! When it is evil enough to lie to a court for nothing else other than money, it can tell any lie to any body. And, it even ultimately corrupted the courts.

Tse's Petition For a Writ of Certiorari to the Supreme Court.

'797 patent

CIP (continuation-in-part application, later matured into the '797 patent, with “No Charge” limitations in its claims 1, 12 highlighted.)