Former head of Google patent strategy appointed to run U.S. patent agency - iPhone Disc...
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`Page 1 of 8
`
`Former head of Google patent strategy
`appointed to run U.S. patent agency
`
`(/Profile/12836/AppleInsider) AppleInsider
`(/Profile/12836/AppleInsider)
`Posted: December 12, 2013 12:49AM
`in iPhone (https://forums.appleinsider.com/categories/iphone)
`
`edited January 2014
`
`Michelle Lee, who until July was running Google the firm's patent strategy, has been named the deputy director
`of the US Patent and Trademark Office, and will run the agency until a new director is appointed.
`
`Michelle Lee formerly led Google's patent law division, now runs the USPTO. Photo: Dino Vournas,
`BizJournals.
`
`According to a report (http://finance.yahoo.com/news/former-google-executive-run-u-165952220.html) by
`Reuters, Lee is the "former deputy general counsel and head of patents and patent strategy at Google."
`
`A profile by BizJournals said (http://www.bizjournals.com/sanjose/news/2012/11/16/former-google-ip-attorney-
`michelle-lee.html?page=all) Lee "joined the technology giant in 2003 and built the company's IP legal team
`from scratch."
`
`Lee was cited as saying, "none of the policy positions of my former employers has guided my work. I certainly
`would be very welcoming of everybody's input."
`
`Lee specifically called attention to her desire to "attack the backlog of unexamined patents and work to improve
`patent quality." There are currently over 590,000 unexamined patents, and 697 patents have been challenged.
`
`Reexamining Apple's patents
`
`Apple has seen its iPhone patent receive particular scrutiny since Google announced efforts to "defend
`Android" from a series of patent infringement allegations. Google has paid billions to acquire patent portfolios
`of its own, including the acquisition of Motorola Mobility for $12.5 billion, announced
`(http://appleinsider.com/articles/11/08/15/google_announces_plans_to_acquire_motorola_mobility_for_12_5b.
`html) in August of 2011. That acquisition was led by Lee.
`
`https://forums.appleinsider.com/discussion/161152
`
`Voip-Pal Ex. 2074
`IPR2016-01198 and IPR2016-01201
`1/12/2018
`
`

`

`Former head of Google patent strategy appointed to run U.S. patent agency - iPhone Disc...
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`Page 2 of 8
`
`That was nearly a year after Motorola's October 2010 initiation of a patent war against Apple, seeking an
`International Trade Commission sales ban against Apple's products. Apple retaliated with claims of its own,
`and the case continued until both sides' claims were dismissed by judge Richard Posner June 2012. Apple's
`case against Motorola was resurrected (http://appleinsider.com/articles/13/08/07/apple-wins-appeal-
`reinstating-itc-case-against-googles-motorola) this August.
`
`Apple also pursued successful patent action against Android phone maker HTC, resulting in a licensing
`agreement last November 2012, and against Android licensee Samsung, resulting in a nearly $1 billion award
`for infringement of Apple's patents.
`
`Protect Android at all costs
`
`Several of Apple's touch screen, multitouch and user interface patents in the Samsung case were subjected to
`high-profile reexamination requests
`(http://appleinsider.com/articles/12/05/29/two_important_apple_multitouch_patents_face_anonymous_uspto_c
`hallenges) this year, issued by a party that decided to remain anonymous.
`
`Google would benefit greatly from a reexamination of Apple's patents by the USPTO, particularly if the agency
`decided to take action to effectively grant Google's Android platform full rights to Apple's technology.
`
`In 1992, a U.S. court similarly issued a ruling that gave Microsoft unfettered access to duplicate
`(http://appleinsider.com/articles/13/08/10/xerox-parc-the-apple-inc-macintosh-innovator-duplicator-litigator) all
`of Apple's work on the Macintosh user interface, empowering Bill Gates to release a virtual clone of the
`Macintosh desktop in Windows 95 after a second appeal by Apple was denied in 1994.
`
`If Lee pursues a dismantling of Apple's patent protections within the USPTO, it could turn around Google's
`current bleak prospects (http://appleinsider.com/articles/13/07/29/google-appears-ready-to-ditch-android-over-
`its-intellectual-property-issues) for Android by erasing its expensive, complicated intellectual property
`problems.
`
`One Apple patent, the so-called "Steve Jobs patent," was challenged at the USPTO only to be fully reaffirmed
`(http://appleinsider.com/articles/13/10/17/apples-multitouch-steve-jobs-patent-revalidated-in-full-by-uspto) in a
`form stronger than it was prior to the reexamination in mid October.
`
`A USPTO led by a former patent strategy executive from Google wouldn't necessarily need to deny all of
`Apple's patents in reexaminations in order to disrupt the iPhone maker's attempts to stop infringement by
`Android makers. All it would need to do is keep Apple's patents involved in regular reexaminations long enough
`to delay any justice until enforcement actions were no longer meaningful.
`
`«
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`1 (https://forums.appleinsider.com/discussion/161152/former-head-of-google-patent-strategy-appointed-to-run-
`u-s-patent-agency)
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`2 (https://forums.appleinsider.com/discussion/161152/former-head-of-google-patent-strategy-appointed-to-run-
`u-s-patent-agency/p2)
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`3 (https://forums.appleinsider.com/discussion/161152/former-head-of-google-patent-strategy-appointed-to-run-
`u-s-patent-agency/p3)
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`4 (https://forums.appleinsider.com/discussion/161152/former-head-of-google-patent-strategy-appointed-to-run-
`u-s-patent-agency/p4)
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`5 (https://forums.appleinsider.com/discussion/161152/former-head-of-google-patent-strategy-appointed-to-run-
`u-s-patent-agency/p5)
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`» (https://forums.appleinsider.com/discussion/161152/former-head-of-google-patent-strategy-appointed-to-run-
`u-s-patent-agency/p2)
`
` (/Profile/60296/Digitol) Digitol (/Profile/60296/Digitol)
`
`Reply 1 of 100
`
`Posts: 92
`December 12, 2013 1:14AM (/discussion/comment/2445675/#Comment_2445675)
`
`https://forums.appleinsider.com/discussion/161152
`
`1/12/2018
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`

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`Former head of Google patent strategy appointed to run U.S. patent agency - iPhone Disc...
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`Page 3 of 8
`
`Ridiculous and disappointing. Isn't this a Conflict of interest,or am I missing something? Shameful Google, I
`think.
`
` (/Profile/8853/Iqatedo) Iqatedo (/Profile/8853/Iqatedo)
`
`Reply 2 of 100
`
`Posts: 1,522
`December 12, 2013 1:35AM (/discussion/comment/2445676/#Comment_2445676)
`
`As much as I was disappointed when I read the headline, this woman must be given the benefit of the doubt.
`To suggest that she will pressure staff to rule against Apple simply because of her employment history would
`be quite outrageous.
`
`Reply 3 of 100
` (/Profile/182071/Geoadm) Geoadm (/Profile/182071/Geoadm)
`
`Posts: 81
`December 12, 2013 1:44AM (/discussion/comment/2445677/#Comment_2445677)
`
`Is she still linked with Google in any way? or was she fired for being behind the acquisition of motorola for the
`patents which thus far has been a complete waste of money
`
` (/Profile/21656/Eluard) Eluard (/Profile/21656/Eluard)
`
`Reply 4 of 100
`
`Posts: 319
`December 12, 2013 1:50AM (/discussion/comment/2445680/#Comment_2445680)
`
`Hire a thief to catch a thief --- or let them all get clean away.
`
`Reply 5 of 100
` (/Profile/56361/Macky%20the%20macky) Macky The Macky
`(/Profile/56361/Macky%
`
`20the%20macky)
`Posts: 4,729
`
`December 12, 2013 2:38AM (/discussion/comment/2445684/#Comment_2445684)
`
`Let's see... She's claiming to be separate from Google, who ran her flag to the top of the pole, hmmmm... Her
`last name is Korean, no conflict there, I don't suppose.
`
` (/Profile/185735/Lord%20amhran) Lord Amhran
`(/Profile/185735/Lord%
`
`Reply 6 of 100
`
`20amhran)
`Posts: 902
`
`December 12, 2013 2:59AM (/discussion/comment/2445685/#Comment_2445685)
`
`macky the macky (/profile/56361/macky%20the%20macky) wrote: » (/t/161152/former-head-of-
`google-patent-strategy-appointed-to-run-u-s-patent-agency/0_100#post_2445684)
`....Her last name is Korean, no conflict there, I don't suppose.
`
`https://forums.appleinsider.com/discussion/161152
`
`1/12/2018
`
`

`

`Former head of Google patent strategy appointed to run U.S. patent agency - iPhone Disc...
`
`Page 4 of 8
`
`What does her ethnicity have to do with this?
`
` (/Profile/108858/Bestkeptsecret) Bestkeptsecret
`(/Profile/108858/Bestkeptsecret)
`
`Posts: 2,454
`
`December 12, 2013 3:49AM (/discussion/comment/2445699/#Comment_2445699)
`
`Reply 7 of 100
`
`Just out of curiosity, can a patent that has been granted be examined and re-examined forever? So if a patent
`is re-validated on re-examination, can there be requests to re-examine it again and again? When is the line
`drawn?
`
`As for the news at hand, I agree with IQatEdo. She should be given the benefit of doubt.
`
`Reply 8 of 100
` (/Profile/65272/Philboogie) Philboogie (/Profile/65272/Philboogie)
`
`Posts: 7,367
`December 12, 2013 3:58AM (/discussion/comment/2445702/#Comment_2445702)
`
`Many questions here in the first few posts; so I'm sure someone with extensive knowledge on anything
`Google™ can shed some light on this development.
`
`Reply 9 of 100
` (/Profile/65272/Philboogie) Philboogie (/Profile/65272/Philboogie)
`Posts: 7,367
`December 12, 2013 3:58AM (/discussion/comment/2445703/#Comment_2445703)
`
`Many questions here in the first few posts; so I'm sure someone with extensive knowledge on anything
`Google™ can shed some light on this issue.
`
` (/Profile/199752/J4zb4) J4zb4 (/Profile/199752/J4zb4)
`
`Reply 10 of 100
`
`Posts: 33
`December 12, 2013 4:08AM (/discussion/comment/2445705/#Comment_2445705)
`
`Quote:
`
`Originally Posted by Macky the Macky
`
`(/t/161152/former-head-of-google-patent-strategy-appointed-to-run-u-s-patent-agency#post_2445684)
`
`Let's see... She's claiming to be separate from Google, who ran her flag to the top of the pole, hmmmm... Her
`last name is Korean, no conflict there, I don't suppose.
`
`AFAIK Lee is predominantly Chinese... And you are really taking it too far... Ofcourse there will be doubts...
`But, flaming her for her ethnicity (which you have it wrong I think) and her previous employment is not fair...
`Maybe she knows the underhanded tactics of Google and she might end up backing Apple...
`
`Reply 11 of 100
`
`https://forums.appleinsider.com/discussion/161152
`
`1/12/2018
`
`

`

`Former head of Google patent strategy appointed to run U.S. patent agency - iPhone Disc...
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`Page 5 of 8
`
` (/Profile/19372/Ascii) Ascii (/Profile/19372/Ascii)
`
`Posts: 5,363
`December 12, 2013 5:29AM (/discussion/comment/2445715/#Comment_2445715)
`
`Speaking as a software developer, a lot of the patents I see granted are not really original ideas, just things
`that any qualified engineer would think of.
`
`The ideal person to head this agency would be someone who was a lawyer and a software developer (is there
`such a person?) who could set policies to reduce the number of such patents granted.
`
`Because honestly, it's just stockpiling a lot of legal grief for the future. So in a way I'm glad to see someone
`from a tech company appointed. I can see how some might worry she is a clever strategic move by Google, or
`a plant, but there needs to be hard evidence for claims like that, in the absence of evidence we must give
`people the benefit of the doubt.
`
`Reply 12 of 100
` (/Profile/93571/Newtonrj) Newtonrj (/Profile/93571/Newtonrj)
`
`Posts: 18
`December 12, 2013 5:47AM (/discussion/comment/2445719/#Comment_2445719)
`
`If you can't buy them, join them, I guess.
`
`Reply 13 of 100
` (/Profile/100667/Gatorguy) Gatorguy (/Profile/100667/Gatorguy)
`
`Posts: 17,484
`December 12, 2013 5:48AM (/discussion/comment/2445720/#Comment_2445720)
`
`Michelle Lee has been with the USPTO as a regional director working out of "the valley" since [B]last[/B] year,
`and spent several years before that serving on the USPTO Advisory Panel. Her latest position isn't even
`technically Acting Director due to some Senate rules on appointments. She'll just be doing the things the Acting
`Director would... if she was. :err:
`
`http://www.ipwatchdog.com/2013/12/11/michelle-lee-appointed-deputy-director-of-the-uspto/id=46699/
`(http://www.ipwatchdog.com/2013/12/11/michelle-lee-appointed-deputy-director-of-the-uspto/id=46699/)
`
`Reply 14 of 100
` (/Profile/192909/D4njvrzf) D4njvrzf (/Profile/192909/D4njvrzf)
`
`Posts: 797
`December 12, 2013 6:25AM (/discussion/comment/2445724/#Comment_2445724)
`
`Quote:
`Originally Posted by ascii
`
`(/t/161152/former-head-of-google-patent-strategy-appointed-to-run-u-s-patent-agency#post_2445715)
`
`The ideal person to head this agency would be someone who was a lawyer and a software developer (is there
`such a person?) who could set policies to reduce the number of such patents granted.
`
`How about William Alsup? He reportedly learned Java specifically to prepare for the Oracle vs Google case.
`There was a pretty great exchange between him and David Boies regarding Rangecheck
`(http://www.i-programmer.info/news/193-android/4224-oracle-v-google-judge-is-a-programmer.html
`(http://www.i-programmer.info/news/193-android/4224-oracle-v-google-judge-is-a-programmer.html))
`
`https://forums.appleinsider.com/discussion/161152
`
`1/12/2018
`
`

`

`Former head of Google patent strategy appointed to run U.S. patent agency - iPhone Disc...
`
`Page 6 of 8
`
`Quote:
`
`I have done, and still do, a significant amount of programming (http://www.i-programmer.info/news/193-
`android/4224-oracle-v-google-judge-is-a-programmer.html#) in other languages. I've written blocks of code like
`rangeCheck a hundred times before. I could do it, you could do it. The idea that someone would copy that
`when they could do it themselves just as fast, it was an accident. There's no way you could say that was
`speeding them along to the marketplace. You're one of the best lawyers in America, how could you even make
`that kind of argument?
`
`I think the notion that patents are essential for innovation in the software industry is misguided. Most of the
`fundamental algorithms and data structures that underlying today's software were invented by computer
`scientists and published in papers. These inventions were widely disseminated and advanced computing as a
`whole. Computer science would still be in the stone age if you had to pay someone every time you wanted to
`use quicksort or implement a priority queue.
`
`Reply 15 of 100
` (/Profile/49278/Timgriff84) Timgriff84 (/Profile/49278/Timgriff84)
`
`Posts: 909
`December 12, 2013 6:42AM (/discussion/comment/2445725/#Comment_2445725)
`
`Quote:
`
`Originally Posted by digitol
`
`(/t/161152/former-head-of-google-patent-strategy-appointed-to-run-u-s-patent-agency#post_2445675)
`
`Ridiculous and disappointing. Isn't this a Conflict of interest,or am I missing something? Shameful Google, I
`think.
`
`Not really. Unless the article is missing something it sounds like she no longer works at Google. Very few
`people stay loyal to their previous employer who is no longer paying them. In most cases the opposite happens
`as people poach the good people and ideas from their previous employer.
`
`In this instance Google also now has the disadvantage that the deputy director of the Patent office knows
`everything about their patent strategy. That's not exactly a particularly great position to be in.
`
` (/Profile/185649/Caseevaluator) Caseevaluator
`(/Profile/185649/Caseevaluator)
`
`Reply 16 of 100
`
`Posts: 26
`
`Crazy appointment.
`TC should talk to O'b again.
`Ml
`
`December 12, 2013 7:01AM (/discussion/comment/2445726/#Comment_2445726)
`
` (/Profile/69535/Fake_William_Shatner)
`
`Reply 17 of 100
`
`https://forums.appleinsider.com/discussion/161152
`
`1/12/2018
`
`

`

`Former head of Google patent strategy appointed to run U.S. patent agency - iPhone Disc...
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`Page 7 of 8
`
`Fake_William_Shatner (/Profile/69535/Fake_William_Shatner)
`Posts: 660
`
`December 12, 2013 7:05AM (/discussion/comment/2445728/#Comment_2445728)
`
`We've had lawyers for coal companies head up our Carbon energy oversight, we've had Goldman Sachs
`execs and MORE Goldman Sachs execs head up the Fed and oversight on banking, and we've had war
`criminals in charge of outsourcing to war criminals and now we hire Hessian soldiers (AKA mercenaries --
`historic reference FTW).
`
`No matter what a nice person this is, has anyone NOT realized it's a really bad thing to have people oversee a
`process they were formerly on the receiving end of? Have we given up the notion of not looking corrupt for the
`notion that someone has to be proven corrupt before we give them a high paying and powerful job? Free
`drinks and Single-Click patents all around!
`
`Reply 18 of 100
` (/Profile/69535/Fake_William_Shatner) Fake_William_Shatner
`(/Profile/69535/Fake_William_Shatner)
`Posts: 660
`
`December 12, 2013 7:14AM (/discussion/comment/2445730/#Comment_2445730)
`
`Quote:
`
`Originally Posted by timgriff84
`
`(/t/161152/former-head-of-google-patent-strategy-appointed-to-run-u-s-patent-agency#post_2445725)
`
`Not really. Unless the article is missing something it sounds like she no longer works at Google. Very few
`people stay loyal to their previous employer who is no longer paying them. In most cases the opposite happens
`as people poach the good people and ideas from their previous employer.
`
`In this instance Google also now has the disadvantage that the deputy director of the Patent office knows
`everything about their patent strategy. That's not exactly a particularly great position to be in.
`
`Quote:
`
`Not really. Unless the article is missing something it sounds like she no longer works at Google.
`
`I had to write that sentence again. There's a huge problem with how people have been TRAINED to accept
`crony capitalism and fascism. There are some things that shouldn't be debated -- like gravity. Here is is again;
`in a Democracy; thou shalt not spy on your citizens and thou shalt be transparent. A Democracy that pretends
`to oversee a free market; thou shalt not create a revolving door where people from industries oversee
`those industries. Thou shalt not treat a corporation as an entity with rights. Oh, and thou shalt not torture --
`sure that should also be obvious, but since 2000 I've seen a lot of "meh" on the issue.
`
`https://forums.appleinsider.com/discussion/161152
`
`1/12/2018
`
`

`

`Former head of Google patent strategy appointed to run U.S. patent agency - iPhone Disc...
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`Page 8 of 8
`
`You can't rely on human behavior -- you just DON'T have conflicts of interest. There are thousands of people
`qualified who do not have a conflict of interest -- choose ONE. I'm waiting for a non-conflict-of-interest
`appointment for an example, but they are hard to find these days. It's like the age of Caligula in Washington.
`
`Even having to explain this crap disgusts me, and I am frustrated that the internet cannot just reach through
`the wires, out a computer monitor and smack the stupid out of some people.
`
`The OP here might have made an innocent mistake, this time, but I'm prepared to press the "smack button" on
`my keyboard if it happens again.
`
`Reply 19 of 100
` (/Profile/69535/Fake_William_Shatner) Fake_William_Shatner
`(/Profile/69535/Fake_William_Shatner)
`Posts: 660
`
`December 12, 2013 7:16AM (/discussion/comment/2445732/#Comment_2445732)
`
`IF you use my "if statement" then pay me a royalty!
`
`Yeah, in the early days you just programmed, now you hire a lawyer and program around the patent.
`
` (/Profile/35198/Monstrosity) Monstrosity
`(/Profile/35198/Monstrosity)
`
`Posts: 2,154
`
`December 12, 2013 7:17AM (/discussion/comment/2445733/#Comment_2445733)
`
`Reply 20 of 100
`
`What!!! Oh no.
`
`«
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`1 (https://forums.appleinsider.com/discussion/161152/former-head-of-google-patent-strategy-appointed-to-run-
`u-s-patent-agency)
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`2 (https://forums.appleinsider.com/discussion/161152/former-head-of-google-patent-strategy-appointed-to-run-
`u-s-patent-agency/p2)
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`3 (https://forums.appleinsider.com/discussion/161152/former-head-of-google-patent-strategy-appointed-to-run-
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`u-s-patent-agency/p5)
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