Will Offshoring Patent Apps Come Back To Haunt BofA In Labor Dispute?

from the there's-a-patent-for-that dept

theodp writes "Reuters reports that workers for Bank of America, one of the nation's largest employers, have sued the company for allegedly failing to pay OT and other wages. 'Bank of America enjoys millions of dollars in ill-gained profits at the expense of its hourly employees,' the complaint said. A BofA spokeswoman said the bank would defend itself vigorously: 'Bank of America has comprehensive policies, practices and training for both managers and associates designed to ensure full compliance with all federal and state wage and hours laws.'

What she didn't mention is that BofA also has a pending patent that describes how to eliminate 'demanding work force' problems by identifying another country for a corporation to relocate its work force to. 'A business entity is forced to commit significant resources to employ an American work force,' complained BofA in a patent filing (a rewrite toned down the anti-American worker sentiment), 'and may often find that the demands of American employees far exceed the allotted budget.' Nor did she mention that that two weeks after CEO Ken Lewis told 60 Minutes that taking $25B in TARP funds was the 'right thing for America', BofA plopped down another $1,194 to seek U.S. patent protection for another 'invention' -- Portfolio Analysis Enhancement to Entity Mobility/Productivity Opportunities -- that enables a business entity 'to employ a work force from a different, lower-cost, location in order to maximize profit.' So, could the patent apps come back to haunt BofA in court?"

Reader Comments (rss)

(Flattened / Threaded)

  1. icon
    Richard (profile), Jun 15th, 2010 @ 2:13am


    This is truly wonderful> Let's hope that BoA rigorously enforces this patent and stops every other employer in the world from behaving in this way.

    reply to this | link to this | view in thread ]

  2. identicon
    abc gum, Jun 15th, 2010 @ 4:54am

    That promotes the progress alright ... straight into the garbage dump.

    Maybe they should change their name to "Bank of Not America"

    reply to this | link to this | view in thread ]

  3. icon
    Richard (profile), Jun 15th, 2010 @ 5:16am

    BoA Founder would be turning in his Grave

    If he could see what his company is doing now.

    He was a champion of "the little guy"

    http://web.archive.org/web/20070106222202/www.time.com/time/time100/builder/profile/gia nnini.html

    reply to this | link to this | view in thread ]

  4. identicon
    Average dude, Jun 15th, 2010 @ 5:23am

    In a way this may be a good thing

    Of course this business patent is too absurd to get through but if it does, this may finally gives large corporations a reason to fight against these types of patents and the system itself...or they will have to pay a licensing fee to BofA.

    reply to this | link to this | view in thread ]

  5. icon
    Berenerd (profile), Jun 15th, 2010 @ 6:00am

    I am gonna patent...

    ...the plan to just stop giving BoA money. i think I will be moving my money to another bank. NONE OF YOU CAN MOVE YOUR MONEY AWAY FROM BoA UNLESS YOU PAY ME FIRST SO NYAH!!!

    reply to this | link to this | view in thread ]

  6. identicon
    vastrightwing, Jun 15th, 2010 @ 6:38am

    Why am I not surprised?

    My only surprise is that BoA hasn't been caught yet doing something even more bazaar than this. This institution is amazing. (Oh, yes, I've moved my account away from these people several times in fact, when they bought up banks my account was resting.)

    reply to this | link to this | view in thread ]

  7. icon
    Overcast (profile), Jun 15th, 2010 @ 6:48am

    Oh well, made your bed - enjoy it.

    reply to this | link to this | view in thread ]

  8. identicon
    Anonymous Coward, Jun 15th, 2010 @ 6:54am

    Re: I am gonna patent...

    The race is on man, the race is on!!!

    reply to this | link to this | view in thread ]

  9. identicon
    Nate, Jun 15th, 2010 @ 6:55am

    "Bank of America" indeed.

    reply to this | link to this | view in thread ]

  10. icon
    drkkgt (profile), Jun 15th, 2010 @ 7:54am


    Well technically, if they decide to move to one of the Latin America countries or to Canada, they can still be Bank of America.

    reply to this | link to this | view in thread ]

  11. identicon
    Anonymous Coward, Jun 15th, 2010 @ 8:47am

    The answer to the question posed is "no". Why the fact a patent application having nothing to do with this matter is even referenced eludes me.

    reply to this | link to this | view in thread ]

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