EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.26.16

Culture of Appeals Against Granted Patents Means Better and Improved Scrutiny, Less Litigation

Posted in America, LG, Microsoft, Patents, Samsung at 2:35 pm by Dr. Roy Schestowitz

Scientists as judges, not just as pressured (from above) examiners

David Ruschke
David Ruschke’s ‘official’ photo

Summary: The Patent Trial and Appeal Board (PTAB), led by David Ruschke, continues to function as another ‘layer’ that ensures patent quality by weeding out bad patents and here are some of the latest cases

THE patents and litigation climate is rapidly changing in the US. It’s not just about software patents, but it has a lot to do with them as a lot of litigation emanates from such patents, notably troll litigation.

Just before the days of the holiday (whichever one) we learned about the Patent Trial and Appeal Board (PTAB), which is responsible for invalidating many software patents, being in the midst of this battle:

The Patent Trial and Appeal Board announced on Dec. 2 that it would uphold a patent filed by Securus Technologies, and that the challenge filed by rival company Global Tel*Link (GTL) was invalid. GTL maintains, however, that Securus only won a partial victory.

The patent (U. S. Patent No. 7,494,061 B2) that Securus maintains held up to the challenge from GTL, relates to biometric identity verification monitoring devices used in correctional facilities. According to a summary of the patent, “The term “biometrics” refers to technologies that measure and analyze human characteristics for authentication.”

This patent is a software patent by the sound of it. These are actually the sorts of patents which improperly use terms like “biometrics” to sound as though they’re anything but image analysis, which is my field of research (post-doctoral). It has nothing to do with biology and it’s all typically reducible to mathematics (matrices). Does the appeal board (PTAB) realise this? If not, maybe it’s time to reassess.

Another report, last Updated 6 days ago, is an article about appeals in Korea, published by Jay (Young-June) Yang, Duck Soon CHANG and Seung-Chan EOM from Kim & Chang (patent microcosm). Remember that Korea still blocks software patents (as it should) and we commend this decision, which guards software giants (also hardware giants, not to mention military equipment players) like Samsung and LG — both of which became Microsoft prey for using Linux nearly 9 years ago. We last reported on this 3 months ago (Microsoft wants more 'Linux patent tax' in Korea).

Going back to PTAB, there is a CAFC/PTAB case (CAFC having the authority to object) that MIP explained as follows: “The original Federal Circuit panel decision in the case – written by Judge Reyna and joined by Chief Judge Prost and Judge Stark – was issued on May 25. The court affirmed the Board’s denial of Aqua’s motion to substitute claims 22–24 of a patent concerning automated swimming pool cleaners.”

There is a 9-page PDF in there. As mentioned here some days ago, they are complaining because their patent was granted in error and now they want to change it. Imagine if granted patents were something dynamic you could just amend, edit, expand etc. as you go alone. What a ludicrous thing. Invalidate the patent and if they insist it’s not fair, then they should apply for the patent again (with amended claims).

MIP also explains how to use PTAB to squash bad patents (like software patents) even when it’s not so trivial. “Jim Brogan, Brian Eutermoser and Janna Fischer discuss the ways that the unsuccessful IPR petitioner at the Patent Trial and Appeal Board still can challenge validity in subsequent district court litigation,” MIP wrote.

MIP, to its credit, keeps abreast of PTAB cases (mostly because of Mr. Michael Loney), although it sometimes misinterprets the numbers it puts forth.

In better news about PTAB, here is PTAB having a go at software patents and getting a chance to kill them again. As PatentDocs put it:

Petitioner, iVenture Card Traveler Ltd, filed a Petition seeking to institute a covered business method patent review of all claims of U.S. Patent No. 7,765,128, owned by Smart Destinations, Inc. The Board, applying the standard that requires demonstration that more likely than not Petitioner would prevail with respect to at least one challenged claim, the Board granted Petitioner’s request to institute the CBM review.

We hope that PTAB will continue to do its job improving patent certainty by knocking out a lot of rubbish patents, leaving in tact only those that merit court cases (if any).

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 23/6/2017: Wine 2.11 Released, HPC Domination by GNU/Linux

    Links for the day



  2. Primer to the Crisis and Scandals at the European Patent Office (EPO)

    An introduction to the chaotic state of what used to be the world's leading patent office and quickly became Europe's biggest embarrassment



  3. Workers of the European Patent Office (EPO) Are Going on Strike Again, Almost 90% Voted in Favour

    Thousands of brave EPO employees chose to cast a vote and make it known that they are in favour of another strike



  4. Benoît Battistelli Has Lost the Election at the EPO

    FFPE candidates (or moles from the yellow union) failed to enter the Central Staff Committee in spite of Battistelli's attempt to help them get in



  5. Emerging Threat to Patent Reforms at the USPTO

    Our plan of returning to coverage of US patent affairs in the wake of powerful lobbies that pursue patent maximalism



  6. You Know That the Unitary Patent (UPC) is in Huge Peril When Its Biggest Fans Admit It's Unlikely to Happen Even Next Year

    The tactics of Team UPC turn ugly as they personally target anyone who stands in their way, even a professor/judge who is courageous enough to state the obvious



  7. More Than Six Human Casualties Under Battistelli at the EPO, But the Human Toll Can Become a Lot Worse

    The bigger or much broader picture detailing the high cost of autocracy and mental torture at the EPO, where lives are ruined not only when these are ended and some key buildings pose severe threat to a lot of workers



  8. EPO's Elodie Bergot Calls Staff Suicide Just 'Passing Away', Pretends to Care

    How the EPO continues to mislead if not lie to staff, even when staff commits suicide -- a growing problem for Team Battistelli, whom some insiders hold accountable for these deaths



  9. The Administrative Tribunal of ILO Will Deliver EPO Judgments in Six Days

    Despite its old age (nearly a century), ILO's tradition when it comes to enforcing the law is anything but sterling, yet one can hope that it will stop its unproductive cat-and-mouse game with the EPO, where compliance is rare and actual judgments (not deferrals/referrals) are even rarer



  10. Links 21/6/2017: Red Hat's Numbers Are Up, New Debian Being Studied

    Links for the day



  11. Another Suicide Reported at the EPO While the Paid-for Media Focuses on 'European Inventor Award' Charade

    Puff pieces for Benoît Battistelli published aplenty while the European media refuses to deal with the reality -- not paid-for illusions -- at the European Patent Office



  12. Links 20/6/2017: Chuwi Lapbook, Linux 4.12 RC6, Mesa 17.1.3

    Links for the day



  13. At the European Inventor Award Ceremony Benoît Battistelli Lied to a Lot of Scientists and “Media Partners” About the UPC

    The Liar in Chief, Benoît Battistelli, still lives in a fantasy world or simply lies intentionally, which would be worse



  14. Contact Details for the EPO's Administrative Council Delegations

    List of Heads of Delegation and their E-mail addresses (used to be public information before Benoît Battistelli's oppressive regime or coup)



  15. Don't Forget to Vote for EPO Strike This Week (Thursday)

    A reminder that there's a vote on a strike at the European Patent Office later this week, giving an opportunity to rebut the "vocal minority" myth which Benoît Battistelli likes to spread



  16. European Patent Office (EPO) Whistleblowing Guidelines: Motivation and Impact of Leaks

    Advice on when to leak and what to leak for the desired effect, which is reformatory (though transparency and accountability)



  17. Links 18/6/2017: New Debian Release, Catchup With a Lot of News

    Links for the day



  18. Appalling Press Coverage Regarding the Unitary Patent (UPC)

    How the media has lied (and keeps lying) about the UPC, which the European public neither needs nor wants, putting aside serious constitutional issues that are associated with the UPC



  19. The Writings on the Wall at the European Patent Office: Number of Directors May Soon Decline From 150 to Just 65-70

    Battistelli is seizing more direct and indirect control over the European Patent Office (EPO), which is supposed to eject him with a proposal for replacement already formally prepared for publication



  20. European Patent Office (EPO) Whistleblowing Guidelines

    The first part of a series which offers tips for sending us material/evidence, specifically from the European Patent Office (EPO)



  21. General Consultative Committee of the EPO Warns About Battistelli's Plans

    The General Consultative Committee (GCC) issues a long document (176 pages) which explains to the overseer of the Office how internal rule changes make things even worse



  22. Links 16/6/2017: New Atom Release, Firefox 55 Beta

    Links for the day



  23. Leaked: European Patent Office Still Uses Microsoft Windows XP... in 2017

    The EPO continues to rely on inherently insecure (by design) platforms and Mr. Kraft, Battistelli's CIO, bragged that the actions of the Office "prevented any damage to the EPO and its reputation"



  24. Unitary Patent (UPC) Will Start “Real Soon” Now... Said Team UPC For So Many Years

    The Unitary Patent or Unified Patent Court Agreement (UPCA) is going nowhere fast, but those who spent time and money promoting it for self gain continue to lie to the press with overly optimistic predictions, unrealistic timelines, and Kool-Aid about the supposed 'benefits' of the Unified Patent Court (UPC)



  25. EPO Management Wastes Millions of Euros on a Silly, Gratuitous, Self-Serving Festival While EPO Staff is Planning Another Strike

    Unrest at the European Patent Office (EPO) is growing again, with plans of a strike resulting in a formal vote for a strike next week



  26. Links 15/6/2017: Mir 0.26.3, FreeNAS 11.0

    Links for the day



  27. Software Patents in Europe Are Still Promoted by the EPO, Even in Defiance of the Ban

    The European Patent Office continues to ignore the directive on the patentability of computer-implemented inventions, which had software patents disallowed with an overwhelming majority of 648 to 14 votes at the European Parliament



  28. Leaked: Job Advertisement for Removing Battistelli From the European Patent Office

    In spite of rumours that Benoît Battistelli would pursue elongation of his term, in clear defiance of the rules (again), paperwork is being put forth to replace him



  29. Links 14/6/2017: New BlackArch Linux ISO and Q4OS 1.8.6, Orion

    Links for the day



  30. Even UPC Proponents, Paid by the EPO's PR Firm, Admit That UPC May Never Happen

    Speculations are being floated regarding the cause of the impasse, which is going to result in a very long period of uncertainty and possibly the collapse of the Unified Patent Court (UPC) as it was envisioned by Michel Barnier, Benoît Battistelli and other opportunists


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts