Patent Hawk Files Supreme Court Brief On Behalf Of All Oregon; Oregon Officials Say 'Who?'

from the good-work! dept

Thu, Aug 13th 2009 4:14pm — Mike Masnick

You may recall that a guy named Gary Odom, who refers to himself often in the third person as "Patent Hawk," has been known to stop by here every so often to insult us without ever, you know, backing up a point. His day job is helping companies do patent/prior art searches. Last year, he made a bit of news by suing Microsoft for a patent he held on "editable toolbars" (exciting stuff). Microsoft later accused him of violating a contract, in that Odom (whoops) had worked for Microsoft, and had an agreement about not filing for certain types of patents, or asserting them against Microsoft.

Now, with the Supreme Court agreeing to hear the Bilski case, which could have a big impact on the patentability of software and business models, a bunch of folks have been dutifully filing their amici briefs attempting to convince the Supreme Court one way or the other. These latest briefs more or less reflect what was in the original briefs filed prior to the CAFC ruling. Still, there was one interesting one: Odom and a buddy filed their own brief (which Odom, again in the third person praised his own brief as being "cogently potent in its brevity and conservatism" -- nothing like patting oneself on the back).

The brief itself is fine (though I believe a bit misleading in what it leaves out... but that's what these briefs tend to do). However, what stood out, was the odd claim on the brief that it was filed on behalf of the State of Oregon (where Odom resides). That's quite a claim... and it appears the State of Oregon, in the form of its Attorney General, doesn't agree with Odom that this represents the state:

Tony Green, a spokesman for the Oregon Attorney General, said no one in his office had heard of Odom's purported statewide representation before [Joe Mullin at The Prior Art] called. "It is our preference that people accurately convey who they're writing an amicus brief on behalf of," says Green. "We neither authorized this or had any knowledge of it."

Of course, Green also points out that the Supreme Court figured out that Odom's claim to represent the State of Oregon was backed up with about as much weight as his typical insults, and properly filed the brief as just being from Odom and his friend, rather than the state of Oregon.

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Filed Under: bilski, gary odom, oregon, patent hawk

22 Comments

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DJ (profile), 13 Aug 2009 @ 5:04pm

Really?
"...refers to himself often in the third person..."

Often?

Mike, c'mon.
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DJ (profile), 13 Aug 2009 @ 5:05pm

Re: Really?
Sorry, the S.A.B. in me couldn't help it.
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ChowHound, 13 Aug 2009 @ 5:11pm

Re: Re: Really?
Actually, you're more of an S.O.B., and some have (correctly) referred to you as an S.O.W.
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DJ (profile), 13 Aug 2009 @ 5:40pm

Re: Re: Re: Really?
wow. I was just being a Smart Ass Bastard (S.A.B.), but you had to go and insult me? What, exactly, makes that appropriate?
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HolaJohnny (profile), 13 Aug 2009 @ 6:00pm

Re: Re: Re: Re: Really?
I hope you don't have a patent on S.A.B. because I'm going to have to steal it for my own use...
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Fred (profile), 13 Aug 2009 @ 6:08pm

Right
I'm too sexy for Gary Odom.
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DJ (profile), 13 Aug 2009 @ 6:13pm

Re: Re: Re: Re: Re: Really?
sorry, it's trademarked "DJ Enterprises, S.A.B., Inc."
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CleverName, 13 Aug 2009 @ 6:17pm

Impersonation of a Person in Authority or just Fraud ?
Is the state of Oregon going to file charges?
They should.
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HolaJohnny (profile), 13 Aug 2009 @ 9:52pm

Re: Re: Re: Re: Re: Re: Really?
I'm going to have to petition the authorities on that trademark referencing prior art in the many bastards and smart asses who came long before we were born. Hitler was a bastard. And I'm pretty sure Ben Franklin was a smart ass as a boy... Either way its a excellent description to dub yourself with. I once had a coworker ask me if there was anything anyone could say to me without getting a smartass remark... I told him no, where's the fun in that?
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Pandazing, 14 Aug 2009 @ 1:16am

Bleh!
As a proud Oregonian, I take offense to Mr. Odom's actions.

Perhaps I should sue him for mental distress. :-P
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vic kley, 14 Aug 2009 @ 5:47am

Patent Hawk
Masnick why should we care about Odom? Is it just because you allege he insulted you?

If you want to find prickly over ripe ego's look no farther then your own clients at M$.

Keep your day job.
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Killer_Tofu (profile), 14 Aug 2009 @ 6:11am

Re: Impersonation of a Person in Authority or just Fraud ?
That would be great.

Odom obvioulsy doesn't care about his reputation.
Pulling stuff like this, how can people really take him seriously?
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Hephaestus (profile), 14 Aug 2009 @ 6:18am

Re: Patent Hawk
Dude seek counseling .... speaking in the third person could be a sign of Schizophrenia, certain anxiety disorders, Codependency, the list goes on.
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angry dude, 14 Aug 2009 @ 6:30am

Leave Hawkie alone !
You, punk !!!!!!!!!!!!!!!!
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Anonymous Coward, 14 Aug 2009 @ 6:31am

Actually, Mr. Odom presented a very thought provoking brief (a brief that is surprisingly brief) that in my view, after having read the vast majority of the briefs filed to date, quite effectively presents the points he and his co-author are making in a concise and understandable manner.

With so many briefs basically hiding their points within long winded dissertations, it is a pleasure to read one that isn't.
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Mike, 14 Aug 2009 @ 6:40am

Smart guy, bad tactics
I've been impressed by some of the individual insights that come from Gary Odom, but this is par for the course with him. Everything I ever read seems to be inflamatory and I assume it's meant more to create buzz and get a rise out of people, than to actually achieve something.

So my advice - take what he says with a grain of salt. The attacks are the norm and I usually don't agree with his opinions, but there's almost always something entertaining in what he has to say.
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AC's long lost brother, 14 Aug 2009 @ 7:58am

Um... IANAL, but
isn't making a false claim on a document filed with the court PERJURY at a minimum?
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staff1, 14 Aug 2009 @ 8:40am

stop the shilling!!!
masnick, you are a sniveling Microsoft boot licker.
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Mike Masnick (profile), 14 Aug 2009 @ 12:25pm

Re: stop the shilling!!!
masnick, you are a sniveling Microsoft boot licker.

I find this quite funny, since I pretty much disagree with everything Microsoft says about patents: http://www.techdirt.com/articles/20081020/1938442601.shtml

Not only that, but I've pointed it out to you guys before. So why do you keep insisting otherwise?

You don't build credibility by stating stuff that is demonstrably false.
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william, 14 Aug 2009 @ 12:40pm

Re:
It's not the point that he presented a good brief or not. It's the fact that he try to misrepresent himself as some sort of authority which he isn't, in this case, the State of Oregon.
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william, 14 Aug 2009 @ 12:44pm

Re: stop the shilling!!!
hey look, someone pretending to be someone who he isn't. staff1? oh come on.

BTW, United Nations and I announce you to be of no significance.
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HolaJohnny (profile), 14 Aug 2009 @ 3:07pm

Lets all jump on the attack Mike bandwagon
Since Mike is a omnipotent god. Let our boot licking commence since that is the level of psyche demonstrated by those who attack Mike. So far those who wish to call Mike out here need a grain of salt at least. Slugs who shrivel and die when a grain of truth is placed among them.
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