04.11.17

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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.

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