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Ask HN: Elizabeth Holmes has 200 patents – if tech didn't work, why not noticed?

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Re: Ask HN: Elizabeth Holmes has 200 patents – if tech didn't work, why not noticed?

#71
post #25
post #16

People were skeptical of Theranos' claims before the WSJ expose from Oct 15, 2015. Here are some examples that predate that article: http://www.businessinsider.com/scientist-skeptical-thranos-b... http://www.businessinsider.com/science-of-elizabeth-holmes-t... This discussion from 2013 talks about Theranos doing full blood draws which they wouldn't need to do if their technology worked: https://forums.studentdoctor.n…

I brought this up in a comment downstream, but it was a Dec. 17, 2014, blog post by the now defunct Pathology Blawg that arguably led to the downfall of Theranos. The Blawg author was contacted by someone feuding with Holmes at the time. The Blawg author eventually contacted the WSJ reporter in secret: http://archive.is/BGtRJ One of the compelling things the Blawg author did was note this passage in the New Yorker st…

OT: I'm getting a SERVFAIL response on archive.is from Cloudflare's DNS (1.1.1.1). Weird. Not the first time I've had problems with Cloudflare though.

Re: Ask HN: Elizabeth Holmes has 200 patents – if tech didn't work, why not noticed?

#72
You can patent pretty much anything. The USPTO runs open-loop. A patent examiner will face zero consequences for approving trivial, obvious, unoriginal, or otherwise invalid claims, but they will face real consequences for rejecting them, in the form of additional workload.

Their philosophy can best be summarized as, "Rubber-stamp 'em all and let the courts sort 'em out." We all get to pay for that.

Re: Ask HN: Elizabeth Holmes has 200 patents – if tech didn't work, why not noticed?

#73
post #67

Earlier quoted context omitted.

The truth is that in the alternative timeline where Theranos had a male founder they would never gotten their initial founding. Holmes and Theranos rode the perfect wave built by the media being thirsty for a young, smart (blonde) female. It's so obvious when you look at it in hindsight. Hilariously, even after the total collapse this topic is often taboo. I can't help but feel for sorry for the young women out there…

Theranos's first funding was in 2004, it had already raised $90M at $1B valuation in 2010, and started filling its board with defense bigwigs in 2011. What media wave had happened at that point? From what I've seen, serious media coverage appeared in 2013, when they left "stealth mode" with the promise of the droplet testing, almost a decade after the initial investment.

I was misinformed (or remembered incorrectly) about the founding/media blitz sequencing. Thanks for informing me.

Re: Ask HN: Elizabeth Holmes has 200 patents – if tech didn't work, why not noticed?

#74

Earlier quoted context omitted.

There are thousands of patents for perpetual motion machines. An invention must be novel, useful and non-obvious to be patentable, but it doesn't actually have to work. https://patents.google.com/?q="perpetual+motion"

I thought perpetual motion machines claims were automatically denied. I know they were back in the 1970s when my dad worked at the patent office.

Yes but the interesting aspect of this is that they had to make a specific rule for this case. In the general case of "filing nonsense" the system fails.

Re: Ask HN: Elizabeth Holmes has 200 patents – if tech didn't work, why not noticed?

#75
post #59

Earlier quoted context omitted.

Holmes figured out a pathway to violate the trust of old man wisdom. Sounds like she just fished the right old men. One of those that that’s incredibly mature in one aspect of life and threw all her effort in that direction naively ignoring the rest of of what “trust” actually facilitates. Poo poo for the men who were fished... don’t s*!t where you eat.

Many of the board members of Theranos were retired military officials, which seems especially interesting in the context of how Theranos was originally planning on selling the technology that we now know to be non-working to the military. I recall that the sale was originally blocked by low-level military regulators. Holmes may not have scammed as many people as we thought - the window is open on the idea that some o…

I get the sense from reading the book that a lot of the fraud Holmes perpetrated was with the intent of buying time and pushing forward with a finalized product. It's still fraud, of course, but fraud with a vision I guess you could say.

Re: Ask HN: Elizabeth Holmes has 200 patents – if tech didn't work, why not noticed?

#76

You’ve got to consider who has incentives to do the research. This basically breaks down into a few categories: 1) entrenched competitors that want to protect market share. 2) hedge funds that start OTC trading and are shorting. 3) insiders that want to vaporize the company as part of a bizarre money laundering scheme. (Most likely, although very bizarre, option imo.) 4) the rare journalist that does investigative re…

"Prominent physicists and biologists couldn’t care less what private companies are doing."

Unless, of course, they are sniffing around looking for funding. Consider for example the current NIH/alcohol kerfuffle.

Re: Ask HN: Elizabeth Holmes has 200 patents – if tech didn't work, why not noticed?

#77
post #25

Earlier quoted context omitted.

I brought this up in a comment downstream, but it was a Dec. 17, 2014, blog post by the now defunct Pathology Blawg that arguably led to the downfall of Theranos. The Blawg author was contacted by someone feuding with Holmes at the time. The Blawg author eventually contacted the WSJ reporter in secret: http://archive.is/BGtRJ One of the compelling things the Blawg author did was note this passage in the New Yorker st…

Ouch, the quote from Elizabeth Holmes on how the machine worked: > "A chemistry is performed so that a chemical reaction occurs and generates a signal from the chemical interaction with the sample, which is translated into a result, which is then reviewed by certified laboratory personnel."

I guess this is an example of communicating 'up'

Re: Ask HN: Elizabeth Holmes has 200 patents – if tech didn't work, why not noticed?

#78
post #59

The patents don't really tell you whether the Theranos technology actually works. They cover small parts of the overall system - fluid handling, centrifuge configurations, software processes and so on. It's quite common for companies to use a mix of patents and trade secrets to protect their technology. Filing for patent protection is a tradeoff - you gain the exclusive right to use that invention for 20 years, but t…

Holmes figured out a pathway to violate the trust of old man wisdom. Sounds like she just fished the right old men. One of those that that’s incredibly mature in one aspect of life and threw all her effort in that direction naively ignoring the rest of of what “trust” actually facilitates. Poo poo for the men who were fished... don’t s*!t where you eat.

What on earth does that even mean in this context? "Don’t shit where you eat" is a warning against office romances. This is plain old fraud AFAIK.

Re: Ask HN: Elizabeth Holmes has 200 patents – if tech didn't work, why not noticed?

#79
post #8

Earlier quoted context omitted.

She could try, but the patents might be found to be 'non-enabling' and thus invalid. Patents are supposed to teach a reader how to make the invention. In particular, it seems that the microfluidics stuff needs new inventions to make it work in practice. So presumably those aren't described in the patents. Although it wouldn't be the first time that management overlooked solutions provided by their own researchers.

Are patents _required_ to teach a reader how to make the invention? That seems like an interesting requirement that I hadn't heard of before, and I've got a patent with my name on it myself.

the deal was: you document your invention for the good of humanity and we give you a 25 years exclusivity. It was an encyclopedic endeavor.

Re: Ask HN: Elizabeth Holmes has 200 patents – if tech didn't work, why not noticed?

#80

Earlier quoted context omitted.

There are thousands of patents for perpetual motion machines. An invention must be novel, useful and non-obvious to be patentable, but it doesn't actually have to work. https://patents.google.com/?q="perpetual+motion"

I thought perpetual motion machines claims were automatically denied. I know they were back in the 1970s when my dad worked at the patent office.

> I thought perpetual motion machines claims were automatically denied.

I think the current policy is they are only patentable if there is a working unit that runs for at least a year when left alone in the patent office.

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