10.07.17

Gains for PTAB Supporters and Excuses From PTAB Opponents (the Litigation/Trolling ‘Industry’)

Posted in America, Courtroom, Patents at 5:24 pm by Dr. Roy Schestowitz

Aqua Products case a disappointment to PTAB foes

Aqua

Summary: The latest news updates about the Patent Trial and Appeal Board (PTAB), its proponents, and Aqua Products v Matal, which patent maximalists are attempting to spin in their favour because they’re not satisfied with the outcome

A COUPLE of days ago we noted that Cisco wholeheartedly supports PTAB, not only in terms of monetary means (for a pro-PTAB group) but also in words. The CCIA published a statement from Cisco. Well, the good news is that a former Cisco executive is now becoming Google’s chief patent personality. As IAM put it a few days ago:

Google has a new head of patents. Michael Lee, who joined the company from Cisco in January, has been appointed to the role following Allen Lo’s exit in August. Lee had been lead counsel for mobile at Google, having previously spent eight years at Cisco in a variety of roles including, most recently, as senior director IP strategy, marketplace and policy.

Lee’s appointment came to light via his LinkedIn profile which gives October 2017 as his start date. It’s not clear who Lee will be reporting into — he didn’t respond to a request for comment — but, according to one source Google, is in the midst of shaking up its IP function: an overall head is due to be appointed with the respective heads of patents, trademarks and copyright all reporting into whoever gets that job.

[...]

Prior to joining Cisco Lee was senior legal director for IP litigation and conflict management at Yahoo! and before that did stints in private practice with Shearman & Sterling and Fish & Neave.

The High Tech Inventors Alliance (HTIA), a pro-PTAB alliance, is supported by both Cisco and Google.

As we noted here just before the weekend, US politicians will probably have a closer look at — and possibly have immunity removed from — Native American tribes that help patent trolls dodge PTAB. This too has been noted by the patent microcosm. Another loophole to be closed soon? To quote Patently-O:

As discussed previously, Tribal Nation Sovereign Immunity is not Constitutionally protected and may be eliminated by particular acts of Congress. Thus, this Bill would seem to be effective to eliminate the ongoing concern regarding tribal immunity assertions. The proposal does lack an effective date and so the only missing element would be whether the Bill would retroactively veto pre-enactment claims of immunity.

Michael Loney, who is based New York and is watching PTAB pretty closely, has just spread some doubts about PTAB. Sites like Managing IP, proponents of patent trolls most of the time, seem to be rather upset that the Federal Circuit doesn’t stop PTAB. Loney wrote about the Aqua Products case and propagated the discreditisation, dubbing it “a wash out”:

The Federal Circuit’s en banc Aqua Products v Matal ruling has been described as “a complete non-event” and “a real mess” that “did little to resolve the big questions” surrounding the PTAB’s treatment of motions to amend. However, it did shift the burden of persuasion to the petitioner, while some believe the Chevron implications of the decision are most interesting

Not too shockingly, shortly after the typical PTAB bashing from IAM (site for patent trolls) came this post about the same case. It was composed by a patent trolls supporter and software patents pusher, Richard Lloyd. He’s one among several of those who try hard to eliminate PTAB by all means possible, in essence lobbying by twisting facts. Here’s an example:

In emails and conversations with a series of IPR specialists this week in the wake of the Court of Appeals for the Federal Circuit’s (CAFC) decision in Aqua Products v Matal, “this is a mess!” was a common response.

They basically try to discredit the outcome. So did Alden Abbott, who says he is “deputy director of the Edwin Meese III Center for Legal and Judicial Studies and the John, Barbara, and Victoria Rumpel Senior Legal Fellow.”

Yesterday he published this piece entitled “Erosion of Patent Rights Is a Threat to Innovation and American Prosperity” (there is no “Erosion of Patent Rights”, there’s improvement of patent quality and patents are not even a "right").

Watch who/what he leans on:

The Patent and Trademark Office, an agency within the Commerce Department, reviews patent applications and issues patents for inventions that meet patentability criteria.

[...]

As Gene Quinn, a leading patent lawyer, explains, these changes mean that today “there are many other parts of the world that have more expansive views of what can be patented, including Europe, Australia, and even China.”

If you are citing Watchtroll as an authority on patents, then you’re as about as extreme as a politician who promotes Breitbart. The usual "China!" line is there too, conflating trolls with “Innovation and American Prosperity”. And then comes the attack on PTAB, revealing that the author is more interested in trolls and low-quality patents, not “Innovation and American Prosperity”:

Patent experts note that this board has wreaked havoc, striking down the vast majority of patent claims it considers in a way that undermines fundamental due process rights of patent holders.

“Patent experts” just means patent microcosm, i.e. those who make a living from disputes.

Incidentally, speaking of China, Mark Kokes (the man who ruined BlackBerry and made it little more than a patent bully) did the usual deflection. Kokes wants us to focus on China again; the patent aggressors and trolls prefer China because it makes extortion easier, so watch what he was saying:

China gets a special mention – “We have had tremendous success at IT licensing there with the approach we have adopted.” – as does the US, though for less positive reasons: “The legal environment has changed dramatically. If you look at it from an asset perspective at a minimum you’d say that values are suppressed – even for high quality ones.” But overall Kokes is optimistic: “Innovation and having IP-centric economies is the right way to go. They are getting a lot more entrepreneurial in China and in parts of Europe, just as things are declining a little in the US.” But despite some head-winds his philosophy is very simple, he concludes: “If you are creative enough you can build your own markets.”

In other words, for litigation giants the US has become less attractive. Is that actually a bad thing? Well, for serial litigators it certainly is, but what have they ever given to society? PTAB and high patent quality (which IPRs entail) make the US a lot more competitive and productive. Less litigation, more development.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2017/10/07/aqua-products-case-and-ptab/

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 22/4/2021: virt-viewer 10.0, PipeWire 0.3.26, LibreELEC (Matrix) 10.0 Beta 2

    Links for the day



  2. Links 22/4/2021: Ubuntu Release, KDE Gear 21.04, GNU/Linux on MacBooks

    Links for the day



  3. GNU/Linux Turns 38 This Year, But the (Partly) Microsoft-Led Linux Foundation Wants You to Think It's Only 30 and a Good Friend of Microsoft

    What the Linux Foundation calls “Linux” (as its PR staff members refer to it in their new press release) is 38 years old, not 30. “Open Source” as a term did not formally exist yet, so this latest waffle makes no sense at all (the press release keeps mentioning a term that’s designed to attack and replace the original). But it’s part of a broader pattern of deception, attacking software freedom and pretending GNU never existed. Did money corrupt everything and is it too late to salvage truth, let alone freedom?



  4. Richard Stallman on Paid Smear Campaigns

    Dr. Richard Stallman on people who lie about him online (4 years after the older campaign of hate and distortion and half a decade before the current one, coordinated by groups funded by monopolies that dislike GPL)



  5. Links 22/4/2021: Grafana Goes for AGPLv3, Godot 3.3 Released, Mesa 21.0.3 Available

    Links for the day



  6. IRC Proceedings: Wednesday, April 21, 2021

    IRC logs for Wednesday, April 21, 2021



  7. Behind the Curtains of Cheap and Cheesy PR the EPO is a Machine of Oppression (Against Its Very Own Staff), Tribunal to Rule on Strike Busting

    The laughable regime of Campinos is a naked emperor with nothing but diplomatic immunity (almost not a single member of staff trusts the President) and the PR strategic front is becoming worse than pathetic; it's like the place is run by infantile career-climbing sociopaths with no qualifications, trying to weaponise a sea of money against staff, inquisitive media, and states (by bribing them or hiring lawyers to intimidate/bankrupt them); while the EPO still swims in money its reputation drowns too quickly to ever resurface, recover



  8. Links 21/4/2021: University of Minnesota Blacklisted Over Defects, Red Hat Satellite 6.9 is Out

    Links for the day



  9. Links 21/4/2021: VirtualBox 6.1.20, GCC 11.1 Release Candidate, Nginx 1.20.0

    Links for the day



  10. IRC Proceedings: Tuesday, April 20, 2021

    IRC logs for Tuesday, April 20, 2021



  11. Some People Who Asked to Be Removed From the Slanderous Hate Letter Against the FSF Are Still Being Denied Removal (But Not All)

    I am aware of some people (evidence is in the public domain for all to see) who asked to be removed from the hate list; their requests have not yet been processed, or simply denied. Maybe they should ask again. There are silent and selective changes.



  12. Overt Abuse and Mischaracterisations by Bully de Blanc

    The campaign to ruin the FSF and silence its founder, Richard M. Stallman (RMS), goes months prior to the hate letter set up by Bully de Blanc, her boss, and the Microsoft-sponsored OSI; they just attack the licence (GPL/copyleft) and they try to redefine things for the corporations which fund them



  13. According to StatCounter, This Month GNU/Linux Market Share on Desktops/Laptops Exceeded 2% (Based on Sites They Monitor)

    StatCounter does not monitor everything and not every machine connects to the Web, but in relative terms, based on the chart above, no doubt GNU/Linux continues growing relative to other operating systems (chart plotted based on the latest raw data, rendered in LibreOffice Calc)



  14. At the EPO, Lawlessness Has Become “a New Normal”

    Without as much as a real consultation with those who are impacted (by the EPO's gross infringements) the management of the EPO rushes ahead again, enjoying zero oversight, no legal review, and no accountability or scrutiny of any kind



  15. Links 20/4/2021: Tails 4.18 and Mark Surman in Mozilla's Board of Directors

    Links for the day



  16. Microsoft as a Censorship Machine Working to Undermine Free Software and Code Sharing (Also Sharing in General)

    Microsoft is, as usual, a tool of destruction rather than creation; it seems to be better at ruining things and censoring things, notably things that compete against Microsoft or pose a threat to Microsoft's business model (and close partners, such as RIAA)



  17. Phoronix Needs to Exercise Caution and Stay Vigilant/Careful of Microsoft

    Taking note or lessons from the blunder of Raspberry Pi (back in February), Phoronix should be careful of Microsoft 'freebies' as they're never free and there are strings attached, destined to alienate longtime supporters



  18. IRC Proceedings: Monday, April 19, 2021

    IRC logs for Monday, April 19, 2021



  19. Links 20/4/2021: EasyOS Dunfell 2.7.1, Phoronix Takes Microsoft 'Freebies', Microsoft Trying to Steal Credit for Linux on Mars

    Links for the day



  20. Richard Stallman on How UPC is a Trojan Horse for Software Patents in Europe

    Dr. Richard Stallman, the Free Software Foundation's founder, offers his analysis of the Unitary Patent (or UPC) and what it means for software patents in Europe now that the EPO increases its influence over continental law



  21. Technology Can Make Life Worse, Even in the Public Sector, Not Just the Private Sector

    There are growing concerns — increasingly justified concerns as a matter of fact — that customer service is universally going away and “COVID” has become the impenetrable shield or a cover in the face of facts, laws, and basic rights



  22. Links 19/4/2021: LibreSSL 3.3.2, OpenSSH 8.6, Firefox 88

    Links for the day



  23. Time to Move to Gemini, Wherever/Whenever Possible, as the World Wide Web is a Burden on Everybody

    A 30-minute rant about what the Web has become and the promise of gemini:// (designed to simplify everything, enable self-hosting, preserve privacy, and empower communities rather than military-connected monopolies)



  24. The Number of Signatures in the Anti-FSF Petition is Decreasing, Not Increasing

    A reader has notified Techrights that belatedly, perhaps where people’s job is at risk (we’ve heard of stories and situations wherein the employer’s view and a worker’s view diverge), the GNOME Foundation/OSI did in fact remove some people from the hate letter they had set up for their monopolistic sponsors. We do, however, still see some names in there of people who asked to be removed, so it must be a very selective process. They don’t want to lose face, so they must have made it very difficult to revoke one’s name. Exceptional circumstances? We have checked to confirm, based on the available archives, and indeed that number decreased since 10 days ago, whereas 6,415 people have thus far signed the support letter (it's still growing), so we’ve just re-plotted the chart.



  25. IRC Proceedings: Sunday, April 18, 2021

    IRC logs for Sunday, April 18, 2021



  26. How Many People Developed GNU (Maybe Hundreds) in the 1980s

    Dr. Richard Stallman, the Free Software Foundation's founder, explains how code was managed and contributed in the early days of GNU



  27. Links 19/4/2021: Linux 5.12 RC8, GNU Poke 1.2, EndeavourOS 2021.04

    Links for the day



  28. Proprietary Software (BT Hub) Has Ruined My Whole Day

    While we did have some plans to publish long articles, those plans were curtailed or at least delayed due to the fact our sole device at home not to be controlled by us (a so-called 'Smart' Hub from BT) decided to break itself and by doing so bring productivity to a standstill (that firmware update, silently installed without notice or any form of consent, managed to screw with the local network)



  29. IRC Proceedings: Saturday, April 17, 2021

    IRC logs for Saturday, April 17, 2021



  30. Tolerating the Intolerant and Lacking Tolerance for Opposing Views

    The person who shouted...


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

Recent Posts