Bonum Certa Men Certa

The Patent Trial and Appeal Board (PTAB) is Under Attack From the Patent Microcosm, Which Wants It Not to Exist Anymore

Proponents of software patents are, as expected, wishing nothing but harm to patent reform

PTAB



Summary: Attempts to revert back to a system full of lawsuits, trolls and blackmail are publicly seen in the form of "STRONGER Patents Act" -- a supposed 'improvement' that strives to roll back PTAB

THERE are many patent myths abound. They are being spread by those who profit from patents, not from products. In fact, they rarely make anything at all (except destructive lawsuits). Among the myths is the concept that an economy with a lot of patents (even too many) will thrive. But it's based on a lie. Number of patents, for instance, is not indicative of progress or invention but investment (money and effort) in patent applications. In some countries patents are simply granted on just about anything; see what happens in China at the moment. See this new article celebrating "high number of patents" as if it's a meaningful yardstick (it usually just says something about where large companies are based).



"Put in simple terms, there are court cases that now make trivial the invalidation of abstract patents such as software patents; but enforcing the rules against such patents, especially old patents, can be difficult without PTAB."We have approximately two dozen articles on the way about patents, but we lack the time to publish them all. Some of these (to be published some time in summer) will expose the lobbying effort for a patent system that serves the patent 'industry' (law firms, patent trolls, and patent bullies) at the expense of science and technology. We are very eager to write about it, having researched the subject for months, but we publish based on priority (timing, urgency, relevance to current events). Today we wish to focus on PTAB, which is basically under attack again. PTAB has been responsible for eliminating more software patents than any other branch (even all courts combined), so it needs to be defended. According to this new post, "Analog Devices filed for the inter partes review against Knowles’ U.S. Patent No. 8,018,049 covering a Silicon Condenser Microphone Package. The PTAB agreed with the challenge and found a substantial number of the claims unpatentable."

In another domain, the domain of pharmaceutical patents, someone is profiting by crushing so-called 'Big Pharma' (which use their patents for drug inflation or artificial price hikes). As PTAB expert Michael Loney put it the other day: "This month saw the PTAB issue the final decision on a Kyle Bass inter partes review."

Kyle Bass won. We wrote about his petitions many times before.

This is the kind of thing we want. Here is another new example:

The Patent Trial and Appeal Board has issued a rare granted motion to amend in Valeo North America v Schaeffler Tech, suggesting the Board is willing to consider well-crafted substitute claims

The Patent Trial and Appeal Board (PTAB) has granted two substitute claims in Valeo North America v Schaeffler Tech.



Meanwhile, Dennis Crouch continues trying to slow PTAB down and discredit its decisions. Here is his latest attempt to draw attention that inflames or harms the relationship between CAFC and PTAB (in spite of them agreeing ~80% of the time).

We recognise that many of our readers are new to this and rely on expansion of acronyms etc. Put in simple terms, there are court cases that now make trivial the invalidation of abstract patents such as software patents; but enforcing the rules against such patents, especially old patents, can be difficult without PTAB. The patent microcosm -- i.e. firms that profit from litigation and shakedowns -- is trying to corrupt politicians right now. It tries to bamboozle them into killing PTAB after it eliminated many bogus patents and as one new headline put it, "STRONGER Patents Act would “gut” the PTAB" (if it got passed, but not even the patent microcosm expects it to pass).

"The direct attack on Alice itself is still in the making and there are companies like IBM and Microsoft pushing hard for it."We wrote about this subject before. It overlaps several other efforts to weaken if not eliminate reform. As TechDirt put it the other day, "Could You Design A Worse Patent Reform Bill Than The STRONGER Patent Act By Senator Coons? Don't Think So" (wait, there's more on the way... as we shall show soon).

The direct attack on Alice itself is still in the making and there are companies like IBM and Microsoft pushing hard for it. Don't take AIA, PTAB, or even Alice for granted. Not even taking Michelle Lee for granted was a safe bet because personal attacks from the patent microcosm seem to have pushed (if not forced) her out. After IAM tried to push a corrupt man into her position Watchtroll is having a go also (suggesting replacements [1, 2]), multiple times in fact after it repeatedly attacked Michelle Lee with baseless 'scandals' (over a dozen times). IAM still cites Watchtroll as an authority and whines about SCOTUS doing the right thing on patents (like Alice). Here is the relevant paragraph:

That was definitely one of the takeaways from the ‘US pendulum’ session in which the panelists debated a slew of recent court decisions and the overall state of patent rights in the US. IP Watchdog’s Gene Quinn was clear on the impact that Lexmark might have. “It could be the biggest decision of our lifetime, there are a lot of people panicked by the case,” Quinn said. “It will dramatically decrease the revenue for companies doing business overseas, I don’t see any way around it.”


Maybe he can just attack some more judges in his blog, defame Directors of patent offices, and resort to whatever dirty tricks (with IBM's help) to perturb the system. They already buy themselves some 'academics', moles and lobbyists like David Kappos to help with this, as we shall probably show in greater detail later this month.

Recent Techrights' Posts

Based on Insider Leaks, Asha Sharma's Job is to Kill XBox While Talking About "AI"
They cite SneakerSO
Linux Kernel 7.0 Release Candidate Comes Out, Stallman Turns 73 in Three Weeks
It predates Microsoft and Apple
In Greenland, Firefox's Gecko and KHTML (KDE, But Bastardised by Apple) Bigger Than Chrome
Are those Danes recognising the risk of monoculture?
IBM Layoffs Definitely Still Happening
Contrary to what some apologists try to say
Don't Use the Future Tense to Discuss the Slop Bubble
Wall Street does not react to reality; it reacts to panic, which is related to expectations
The Broken Window Industry and Its Ongoing Desires to Make Technology Less Dependable
Reliable computing is becoming harder to find
New XBox CEO Typecast in Social Control Media
Microsoft apologists will fall back on (or shuffle between) the "racist" and "sexist" angle
Sites Without JavaScript Deserve Your Visits
We're not arguing that the Web should be as simple or barebones like Gemini Protocol/GemText
EPO Strikes Are Already Working
Campinos is already going "into hiding"
 
There is No Such Thing as "AI Skills", "AI Competency", "AI Fluency" Etc.
Slop does not give anybody an advantage
EPO Staff Union: The Strike Actions and Other Industrial Actions "Have Already Delivered Measurable Gains."
SUEPO Munich has just issued a statement to staff
Links 23/02/2026: "What Boston Will Cost Me" and Women as Hostages
Links for the day
IRC Usage Levels Seem to be Rebounding This Year
it looks like the total count (tally) of users increased a lot lately
Microsoft Tricked the Media Into Lying About Microsoft Layoffs in January. Now It Does the Same (in February).
Microsoft has got the media by the wallet (or balls)
Free Software Projects Become Slow Due to Slop
It does not improve efficiency or productivity, it reduces both
EPO Strike Has Begun (or Resumed)
The EPO status quo is untenable
Links 23/02/2026: US Surrenders to Climate Change (to Benefit Oil Companies and Slop), UK Court of Appeal to Hear Mazur
Links for the day
GAFAM Jobs No Longer Lucrative
Those days are long gone
Germans Recognise the Contagion is Digital, Not Racial
How to dismantle or neutralise those weapons? Turn them off
Free Software (or Software Freedom) Ain't No Religion
It's hardly surprising that some of the loudest opponents of Software Freedom and its luminaries also disregard or bend facts
Dr. Andy Farnell Explains Why the Slop Industry is Like Trespassers and Thieves
interesting new article about robots.txt files
The Demise of the Solicitors Regulation Authority (SRA) and Profession Based Around Bullying With SLAPPs and Empty Threats
For press to survive and thrive in the UK we need the hired gun to be submerged
Gemini Links 23/02/2026: Imperfect Journal, Evil, and "Progress Goes Boing!"
Links for the day
“Power is a Thing of Perception. They Don't Need to be Able to Kill You. They Just Need You to Think They are Able to Kill You” ― Julian Assange
When leadership becomes corrupt enough to lose a sense of authority its days are numbered; it'll be replaced
IBM Has Already Admitted 2026 Mass Layoffs (in 4Q Earnings Call)
We showed this earlier this month, but some people bring that up again
Reasons to Go on Strike in the European Patent Office (EPO)
If you live in Europe and don't work for the EPO, you can still help
First speech of Chanellor Hitler, Andreas Tille & Debian denounce Branden Robinson
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 22, 2026
IRC logs for Sunday, February 22, 2026
More and More Projects Quit Microsoft GitHub This Year, XBox Will See the Same
Microsoft GitHub's embrace of slop as "strategic" gives us a clue of what'll happen to XBox very soon
Google "Intelligence": Despite Slam-Dunk or "Smoking Gun" Proof, Drug Abuse in EPO Leadership is "Unverified Allegations"
Google's slop (so-called 'AI') lacks intelligence
8,000 Pages/Articles Per Year
We're eager to maintain a good production/publication pace and illuminate the sinister attempts to interfere with Freedom of the Press in the UK
Gemini Links 22/02/2026: Okonomiyaki and Midcrunch Crisis
Links for the day
Freedom Means Accepting He or She Who is Different
In the Debian community we're sadly seeing some authoritarian overreach this month
Microsoft Windows Falls to Another New All-Time Low in Guatemala, It is a Bottomless Pit
Maybe users come to realise that Windows means back doors and those doors are open to a regime that ought not be trusted
"XBox" Will Become Slop After Mass Layoffs
When all else fails, "AI it"
Links 22/02/2026: Hardware Price Hikes Across the Board, "Microsoft Issues Statement on Potential Layoffs"
Links for the day
Microsoft "Layoffs Incoming"
This transition isn't about promoting games; it's about canning the console
Links 22/02/2026: "Bloat of Modern Fitness Apps" and Wikipedia Deprecates Archive.today
Links for the day
Our IRC 5-Year Anniversary (for Self-Hosted) is Fast Approaching
A week from now it's March already
Gemini Links 22/02/2026: Dream Job Gone and Slop in Taskwarrior
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 21, 2026
IRC logs for Saturday, February 21, 2026
GNU/Linux Grew a Lot in Nicaragua
We've not noticed until today
Techrights Has Over 1,000 Good Articles 'in the Tank'
Drafts, notes, and lengthy documents
New Article Challenges Solicitors Regulation Authority (SRA) for Choosing the Wrong SLAPP Cases to Investigate
The one point we can agree on is that SRA does not know how to correctly select the worst culprits/offenders
The Brand 'Watsonx' is a Terrible Name for IBM 'Hey Hi' (Chatbots) Because Watson Agreed With Adolf Hitler
Almost a century has passed and IBM still believes that selling "intelligence", chatbots in particular, should be done under the name "Watson"
Why IBM is Still Scary and Dangerous
Keep a distance from "Big Blue" Bully
Measuring the Growth of Our Mission and Community
Something between experiment and prototype
Richard Stallman in the United States - Part III - Georgia Tech Did a Fine Job Upholding Free Speech Principles
The real problem was social control media (toxic)
Debian's Master is Deleting Criticism of SystemD and Other Things (On-Topic and Published by Debian Developers), Resorts to the Excuse Messages Are "Too Long"
Censorship serves nobody except the masters that control this censorship
Digg's Latest Incarnation Already Failed, It's Infested With LLM Slop
Many submissions go to slopfarms and some get summarised by slop
Gemini Links 21/02/2026: Veganism and DeskPi RackMate T0
Links for the day
On The Web, XBox Already a Dying Breed
Down to about 0.05% on large machines, based on statCounter [...] Microsoft will never publicly admit or say how many billions it lost on the XBox
2026 a Year of 'Top-Down' Microsoft Layoffs (Management First)
Stay tuned for what comes next
Your "Likes" Aren't Yours and They're Mostly "Worthless Clicks"
Social hermits are not popular, irrespective of how many "Facebook friends" or "likes" they get
Waggener Edstrom/Frank Shaw Lied, There Are Definitely Microsoft Layoffs
Microsoft never issued a formal statement, it made allusions by proxy
Microsoft-Controlled Media With Embargo and Press Operatives
This won't be the last example of media manipulation for narrative control or face-saving "damage control"
Slop Hype Makes Our Core Technology Less Reliable and Far Less Resilient (We Pay for the Catastrophe That Follows)
Only slop-free projects can be trusted
Going for 1,000 (Days of Uptime)
universal records are vastly better
Firefox is No-Go in China, Not Even 1% "Market Share" Anymore
Given Mozilla's utterly rubbish marketing these days (politics over technical aspects), set aside the cheerleading for slop, there's hardly a chance of Mozilla Firefox reaching or exceeding 10% again
EPO "Cocaine Communication Manager" - Part III - It's in His Eyes
Workers are free to draw their own conclusions
Links 21/02/2026: Tensions Over Iran and Illegal Cheeto Tariffs, Presidential Approval Sags
Links for the day
Links 21/02/2026: "Moving Away From Cloudflare", Many Layoffs or Shutdowns in Games (Including XBox/Microsoft)
Links for the day
GNU Linux-libre is a Grown-Up Today
"before that, every distro that wanted to respect its users' freedom had to remove itself all of the binary blobs that were distributed as part of the kernel Linux's so-called sources"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 20, 2026
IRC logs for Friday, February 20, 2026
Gemini Links 21/02/2026: "The Evil of Action" and Slop Bots Causing Great Harm Online (Not Just the Web)
Links for the day