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

04.11.17

Demand/Petitions for Patent Trial and Appeal Board (PTAB) Now at an All-Time High, Demonstrating Its Growing Necessity in the United States

Posted in America, Patents at 4:49 pm by Dr. Roy Schestowitz

If radical sites like Watchtroll hate PTAB so much, then it means PTAB must be doing something right

PTAB impotence

Summary: PTAB’s growth, which has accelerated so far this year, serves to invalidate more patents which were erroneously granted and — as expectedly as can be — the patent maximalists are losing their minds

EARLIER TODAY, PTAB watcher Michael Loney published some new figures, stating in his summary that the “Patent Trial and Appeal Board petition filing in the first three months of 2017 was the largest quarterly filing figure ever.”

“Why does the patent microcosm think it’s suitable/ethical for a parasitic element to give instructions to judges who govern the system?”Earlier this year something similar was shown and therefore the patent ‘industry’ tries to slow PTAB down. PTAB scares them because it makes them obsolete!

Earlier today we wrote about law firms that essentially or in effect pay for "access" to PTAB judges — something which Managing IP seems to be facilitating/soliciting. Why does the patent microcosm think it’s suitable/ethical for a parasitic element to give instructions to judges who govern the system?

“PTAB proponents are typically honest businesses, whereas PTAB opponents are the patent microcosm and abusive elements whom they service.”Earlier today, Mr. Loney (based in New York, unlike Managing IP) wrote about the latest lobbying opportunity, quoting (outside the paywall): “Speakers at a recent Managing IP event called for the PTAB to give more precedential opinions to reduce inconsistencies between different panels, and identified gaps that the Board should address”

There seems to be a campaign to weaken/defang PTAB, along with a malicious campaign to oust the Director of the USPTO, as we last noted this morning. This is the kind of nonsense that is being promoted by IBM and its ilk (people like David Kappos and the IBM-led IPO task force). Today we saw this article of a person from the Antonin Scalia Law School, in which he calls PTAB “death squad” and opponents of patent maximalism “junk science”. It was promoted by IBM’s patent chief, who isn’t even shy to endorse radical elements like patent trolls, serial patent bullies and those whom they fund to wage their battles for personal gain at the expense of those who actually produce things (Watchtroll included). Here is a portion from this article, pinned at the lobbyists’ press:

Making matters even worse, Ms. Johnson applauds the innovation-killing administrative tribunal known as the Patent Trial & Appeal Board (PTAB). The PTAB is rightly criticized as an out of control bureaucracy destroying patents at an alarming rate. One former federal judge called the PTAB a “death squad,” and the head of the PTAB cheerfully embraced this designation.

The real victims are the individuals, universities, startups and small businesses — the sources of new innovation in this country — that are undercapitalized and cannot afford the prohibitively high costs in court and the PTAB of defending their productive labors against pirates (especially when these pirates are well-funded and large corporations).

What a horrible inversion of narratives. In reality, the above are those hurt the most by software patents and those most in need of PTAB.

Each time we spot PTAB haters it merely serves to reinforce the idea that PTAB does the right thing. PTAB proponents are typically honest businesses, whereas PTAB opponents are the patent microcosm and abusive elements whom they service. Thankfully, at least for the time being, PTAB is growing. Efforts to destabilise/disrupt this status quo, however, are ongoing and are very visible. We track these efforts very closely and report in order to thwart these.

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. Battistelli-Campinos Transition Will Be a Smooth One as the Administrative Council Remains the Same and the Boards Still Besieged

    A rather pessimistic (albeit likely realistic) expectation from tomorrow's meeting of the Administrative Council, which continues to show that no lessons were learned and no strategy will be altered to avoid doom (low-quality patents and stocks running out)



  2. Links 12/12/2017: New BlackArch ISO and Stable Kernels

    Links for the day



  3. German Media Helps Cover Up -- Not Cover -- the Latest EPO Scandal

    EPO-Handelsblatt attention diversion tricks may be effective as German media barely shows interest in one of the EPO's biggest scandals to date



  4. PTAB Haters Fail to Guard Bogus Patents, But They Still Try

    Three Affiliated Tribes probably won't enjoy sovereign immunity from PTAB, Dennis Crouch won't manage to slow down PTAB, and patent litigation will stagnate as bad patents perish before they even land in a lawsuit



  5. Team UPC's Tilmann Defends Rogue Vote at 1 AM in the Morning With Just 5% of Politicians (Those With Vested Interests) Attending

    Just when German democracy is being stolen by a legislative coup (in the dead of night when 95% of politicians are absent/asleep) there's someone 'courageous' enough to rear his ugly head and attempt to justify that coup



  6. The Mask Falls: Lobbyist David Kappos Now Composes Pieces for the Patent Trolls' Lobby (IAM)

    David Kappos, a former USPTO Director who is now lobbying for large corporations that derive revenue from patent extortion, is writing for IAM even if his views are significantly biased by his aggressive paymasters (just like IAM's)



  7. The EPO Protest Tomorrow Isn't Just About Judge Corcoran But About the EPO as a Whole

    PO staff is about to protest against the employer, pointing out that "Battistelli is still showing a total and utter lack of respect not only for his staff and their rights but also for the Administrative Council and for the Tribunal"



  8. Claim: Judge Corcoran to Be Put Under Benoît Battistelli's Control in DG1

    Benoît Battistelli, who openly disregards and refuses to obey judges (while intervening in trials and delivering 'royal decrees' whenever it suits him), may soon gain direct control over the judge he hates most



  9. The European Patent Organisation Refrains (For Nearly a Week) From Speaking About Battistelli's Abuses as Judged by ILO Tribunal

    The EPO's silence on the matter of Patrick Corcoran is deafening; to make matters worse, the EPO continues to pollute media and academia with money of stakeholders, with the sole intention of lobbying and misleading news coverage (clearly a disservice to these stakeholders)



  10. Carl Josefsson Lets Judge Patrick Corcoran Come Back to Work at the EPO

    After initial reluctance to obey/respect the rulings from the ILO (security staff declining access) there is official permission for Patrick Corcoran to enter and resume work (following 3 years of injustice against him)



  11. Bristows is Being Hammered With Negative Comments For Its Unitary Patent (UPC) Lies

    The Unified Patent Court (UPC) is practically dead in the UK and Ireland; Bristows, nevertheless, continues with its desperate spin



  12. Links 11/12/2017: Linux 4.15 RC3, Debian 8.10 and Debian 9.3

    Links for the day



  13. Judge Corcoran Turns to His Government for Help and EPO 'House Ban' is Finally Lifted

    Sources that are very reliable say that Patrick Corcoran is coming back to work, however it's now clear when and how long for



  14. Raw: Battistelli's Control/Domination Over the Boards of Appeal

    An old EPO document internally voicing concerns about the lack of independence at the Boards of Appeal



  15. Raw: Conflicts of Interest of EPO Vice-President

    An old EPO concern regarding structural collisions and mixed loyalties



  16. Microsoft-Connected Patent Trolls Are Increasingly Active and Microsoft is Selling 'Protection' (Azure Subscriptions)

    There are several indications that Microsoft-connected shells, which produce no products and are threatening a large number of companies, are inadvertently if not intentionally helping Microsoft sell "indemnification" ("Azure IP Advantage," which echoes the Microsoft/Novell strategy for collecting what they called "patent royalties" one decade ago)



  17. Yes, RPost is Definitely a Patent Troll and Its Software Patents Are at Risk Thanks to Alice

    The latest whitewashing (or reputation-laundering) pieces from Watchtroll, which tries to justify patent-trolling activities with software patents, typically in the Eastern District of Texas



  18. The Latest Scams in the Patent World

    Examples of 'dirty laundry' of the patent microcosm, which it understandably does not like covering (as it harms confidence in their services/advice)



  19. Patents Are Becoming a Welfare System for the Rich and Powerful

    A culture of litigation and more recently the patenting of broad industry standards may mean that multi-billion dollar corporations are cashing in without lifting a finger



  20. Unlike the Mobile Domain, When it Comes to Cars Patent Lawsuits Remain Rare

    An optimistic note regarding the relatively low-temperature legal landscape surrounding advanced automobiles, even though patents are being amassed on software in that domain



  21. The Federal Circuit Rules (Again) in Favour of Section 101/Alice, Koch-Funded CPIP Tries to Overturn Alice at the Supreme Court

    The US Supreme Court's decision on Alice continues to have a profoundly positive impact (except for trolls) and Koch-funded academics try hard to compel the US Supreme Court to reverse/override Alice (so far to no avail)



  22. Next Director of the USPTO Parrots Talking Points of Patent Extremists and Their Lobbyists

    The next USPTO boss (still subject to official confirmation) may be little more than a power grab by the litigation and patenting 'industry', which prioritises not science and technology but its own bottom line



  23. Raw: Three Years for 'Justice' (to be Disregarded by Benoît Battistelli) at ILO and Over a Decade at the EPO

    The delays associated with ‘justice’ at the EPO (usually neither justice nor compliance with rulings) have become so extraordinary that immunity should long ago have been stripped off and Battistelli et al been held accountable



  24. Raw: Scuttling of the General Advisory Committee and Battistelli Stacking the Deck to Have 'Yes Men' as Representatives

    How the EPO broke down resistance to Battistelli’s oppressive policies not only at the Council, disciplinary committees and auditory divisions but also staff representation (symptomatic of Battistelli’s notion of justice)



  25. The Patent Trial and Appeal Board Will Endure Supreme Court Test and Overcome the Tribal Immunity “Scam”

    The Patent Trial and Appeal Board (PTAB), based on the latest news, is still winning the argument and justifying its existence/importance



  26. Phones/Mobility (Trillion-Dollar Market) May Have Become Infested and Encumbered by Aggressive, Dying Companies

    The tough reality that new entrants/entrepreneurs are facing now that a few dying giants look to "monetise" their patents rather than create anything



  27. Links 9/12/2017: Mesa 17.3, Wine 3.0 RC1, New Debian Builds

    Links for the day



  28. Like the EPO, Taiwan/China (SIPO) Harm SMEs With a Policy of Patent Maximalism Which Fosters Litigation, Not Innovation

    A culture of patent maximalism breeds plenty of lawsuits in China (good for the legal ‘industry’), but small companies that are innovative lose focus and resources, just like in Europe where SMEs are discriminated against



  29. Bristows Continues to Lie About Unitary Patent (UPC) in Britain Only to Get Rebutted in Comments, As Usual (Criticism Not Deleted Yet)

    The latest wave of posts (typically from Bristows) which herald an arrival of UPC in Britain are not just delusional but also constitute terrible legal advice



  30. The European Union Now Repeats Paid Propaganda From the EPO (Regarding the Unitary Patent)

    The EPO's push for UPC, which has already involved payments to media and academia, is spreading to the EU, which unfortunately fails to uphold the Rule of Law and the spirit of the EPC


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