Friday, March 15, 2019

Review: 'The Inventor' is a coolly appalling portrait of Elizabeth Holmes and the Theranos scandal; The Los Angeles Times, March 14, 2019

Justin Chang, The Los Angeles Times;

Review: 'The Inventor' is a coolly appalling portrait of Elizabeth Holmes and the Theranos scandal


"As a quick glance at this week’s headlines will remind you — a staggering college admissions scandal, a wave of indictments in the cases of Paul Manafort and Jussie Smollett — we are living in deeply fraudulent times. But if there are few people or institutions worthy of our trust anymore, perhaps we can still trust that, eventually, Alex Gibney will get around to making sense of it all. Over the course of his unflagging, indispensable career he has churned out documentaries on Scientology and Enron, Lance Armstrong and Casino Jack — individual case studies in a rich and fascinating investigation of the American hustler at work.
 
Gibney approaches his subjects with the air of an appalled moralist and, increasingly, a grudging connoisseur. His clean, straightforward style, which usually combines smart talking heads, slick graphics and reams of meticulous data, is clearly galvanized by these charismatic individuals, who are pathological in their dishonesty and riveting in their chutzpah. And he is equally fascinated by the reactions, ranging from unquestioning belief to conflicted loyalty, that they foster among their followers and associates, who in many cases shielded them, at least for a while, from public discovery and censure.
 
“The Inventor: Out for Blood in Silicon Valley,” Gibney’s latest exercise in coolly measured outrage, is an engrossing companion piece to his other works in this vein. The subject of this HBO documentary is Elizabeth Holmes, the self-styled biotech visionary who dropped out of Stanford at age 19 and founded a company called Theranos, which promised to bring about a revolution in preventive medicine and personal healthcare. Its top-secret weapon was a compact machine called the Edison, which could purportedly run more than 200 individual tests from just a few drops of blood, obtained with just a prick of the finger.
 
Holmes’ vision of a brave new world — one in which anyone could stop by Walgreens and obtain a comprehensive, potentially life-saving snapshot of their health — proved tantalizing enough to raise more than $400 million and earned her a reputation as possibly the greatest inventor since, well, Thomas Edison. Her investors included Betsy DeVos, Rupert Murdoch and the Waltons; Henry Kissinger, George Shultz and James Mattis sat on her board of directors. But that was all before the Wall Street Journal’s John Carreyrou and other investigative journalists exposed glaring faults in the Edison’s design and sent the company’s $10-billion valuation spiraling down to nothing. Theranos dissolved in 2018, and Holmes and former company president Sunny Balwani were charged with conspiracy and fraud.

Full disclosure: As the son of a retired medical technologist who spent more than 30 years testing blood the traditional way, I approached “The Inventor” with great fascination and more than a little schadenfreude. The movie, for its part, seems both magnetized and repelled by its subject, a reaction that it will likely share with its audience. Gibney is perhaps overly fond of deploying intense, lingering close-ups of Holmes’ face and peering deep into her unnerving blue eyes (“She didn’t blink,” a former employee recalls). If the eyes are the windows to the soul, “The Inventor” just keeps looking and looking, as though uncertain whether or not its subject has one."

We Are! Not happy! U.S. Patent office frowns on Penn State trademark request; Pittsburgh Post-Gazette, March 14, 2019

Bill Schackner, Pittsburgh Post-Gazette; We Are! Not happy! U.S. Patent office frowns on Penn State trademark request 

"Josh Gerben, a trademark attorney in Washington, D.C., offered an analysis via twitter of the geographic issue raised by the Patent Office and another reason the agency refused the application: the trademark as submitted was deemed "ornamental.''

He said both issues are correctable...

Of the ornamental issue, he said, "I believe this is trademarks 101 and it shocks me every time a large institution or organization gets it wrong.""

Thursday, March 14, 2019

A price to be paid for open-access academic publishing; The Guardian, March 13, 2019

Letters, The Guardian; A price to be paid for open-access academic publishing

"The headlong rush towards further adoption of open-access models demands careful thought, says Prof Sarah Kember. Elsevier is a strong supporter of open access, says its vice-president of global policy, Gemma Hersh. The UK has moved further and faster than any other major research funding country, says Stephen Lotinga. It is difficult to find good (unpaid) reviewers for every article in scientific journals, says John Boardman"

The Guardian view on academic publishing: disastrous capitalism Editorial; March 4, 2019

The Guardian; The Guardian view on academic publishing: disastrous capitalism



In California the state university system has been paying $11m (£8.3m) a year for access to Elsevier journals, but it has just announced that it won’t be renewing these subscriptions. In Britain and Europe the move towards open access publishing has been driven by funding bodies. In some ways it has been very successful. More than half of all British scientific research is now published under open access terms: either freely available from the moment of publication, or paywalled for a year or more so that the publishers can make a profit before being placed on general release.

Yet, somehow, the new system has not yet worked out any cheaper for the universities. Publishers have responded to the demand that they make their product free to readers by charging their writers fees to cover the costs of preparing an article. These range from around £500 to $5,000, and apparently the work gets more expensive the more that publishers do it. A report last year from Professor Adam Tickell pointed out that the costs both of subscriptions and of these “article preparation costs” has been steadily rising at a rate above inflation ever since the UK’s open access policy was adopted in 2012. In some ways the scientific publishing model resembles the economy of the social internet: labour is provided free in exchange for the hope of status, while huge profits are made by a few big firms who run the market places. In both cases, we need a rebalancing of power."

Wednesday, March 6, 2019

UC open access fight exposes publishing rip-off: Charging exorbitant fees for journal articles isn’t in the best interests of scientific research, Mercury News, March 6, 2019

Editorial: UC open access fight exposes publishing rip-off

Charging exorbitant fees for journal articles isn’t in the best interests of scientific research


"The scholarly research publishing industry is a rip-off that hinders scientific advances and piles unnecessary costs onto taxpayers who already fund much of the academic work.

It’s ridiculous that, in this age of the internet, researchers are paying huge fees for access to academic papers and for publication of their own work. That made sense in the days when scholarly works were printed in bound volumes. Today, academic work, especially public- and foundation-funded research, should be open for all. It shouldn’t cost $35 to $40 for each article, effectively freezing out those without the means to pay...

The University of California’s mission statement reads: “The distinctive mission of the university is to serve society as a center of higher learning, providing long-term societal benefits through transmitting advanced knowledge, discovering new knowledge, and functioning as an active working repository of organized knowledge.”
UC’s commitment to open access helps fulfill that goal and advances scientific enterprise for the benefit of all."

Theranos: How a broken patent system sustained its decade-long deception Op-ed: The patent bargain is seriously busted.; Ars Technica, March 4, 2019

Daniel Nazer, Electronic Frontier Foundation (EFF); Theranos: How a broken patent system sustained its decade-long deception

Op-ed: The patent bargain is seriously busted.


"Early Theranos skeptics tended to be scientists who had heard the company’s extravagant claims and had asked the obvious question: does the tech really work? In 2014, a pathologist wrote that he was skeptical Theranos was using proprietary technology for many of its tests. Other scientists expressed frustration that Theranos had not shared its methods with the scientific community nor offered any evidence that the methods worked.
In April 2015, while Theranos was still enjoying mostly fawning press coverage, Business Insider published an article quoting some skeptical scientists. The article noted that “technical details about Theranos’ seemingly revolutionary tests are hard to come by.” Notably, Theranos had hundreds of patents by that point. Yet a scientist looking to understand how Theranos actually conducted its test wouldn’t learn anything useful from a typical Theranos patent. This is because companies can submit rough outlines of their processes, leaving out the key details, and still get patents. Recent legal reforms have only made this easier.
Business Insider wrote that if Theranos had come up with a “killer application” for microfluidics, “that may explain its reluctance to show the patented details that make its technology unique.” This sentence shouldn’t make sense, because patents are public by nature. So “patented details” should be public.
The sentence only makes sense when you realize that the patent bargain is utterly broken. The people who work within the patent system realize it. That’s why no one raised red flags when Theranos received hundreds of patents without telling the scientific community how its machines actually worked."

How the patent office's lax standards gave Elizabeth Holmes the BS patents she needed to defraud investors and patients; Boing Boing, March 4, 2019

Cory Doctorow, Boing Boing; How the patent office's lax standards gave Elizabeth Holmes the BS patents she needed to defraud investors and patients

"Patents are only supposed to be issued for devices with "utility" -- that is, they have to actually work before you can get a patent for them. But it's been decades since the USPTO has paid meningful [sic] attention to this criterion when evaluating applications, handing out patents for imaginary "inventions" to con artists, delusional hucksters, and other "inventors" who are willing to pay the filing fees that keep the lights on at the Patent Office. And since most people only have a vague idea of the rigor used in patent examination, these patents for design fiction can be used as impressive "proof" when crooks set out to deceive their marks.

(Another real problem with these fake patents: allowing con-artists to patent "inventions" that they have no idea how to make means that when someone really does invent that gadget, the con-man can use their bogus patent to threaten and extort real inventors)."