10.29.17

Gemini version available ♊︎

AIPLA, Watchtroll (the Trolls’ Lobby) and Other Pressure Groups Are Still Trying to Eliminate/Weaken PTAB and Section 101

Posted in America, Deception, Patents at 10:58 am by Dr. Roy Schestowitz

Related: IBM, IPO, AIPLA, ABA and Other Lobbying/Front Groups of the Patent Microcosm Are Trying to Change US Law for Software Patents

David Kappos as lobbyist
Lobbyists such as David Kappos are trying hard to destroy the integrity of the Office for the sake of the litigation ‘industry’

Summary: The American Intellectual Property Lawyers Association (AIPLA), a front group of people who profit from mass litigation, is pressuring politicians and USPTO officials to reduce the quality of patents, remove barriers to frivolous lawsuits, and generally put the interests of prosecutors/trolls ahead of the interests of technologists

YESTERDAY we covered some of the good news regarding the USPTO, including the rumoured abolition of software patents, as a whole.

As we stated at the time, there’s a reactionary lobby, namely that of the patent microcosm. Recent developments in the patent system may render them obsolete. It is important to see their reaction in order to better understand what they plan to do next.

AIPLA is a group of saboteurs who manipulate the law to encourage patent litigation (i.e. maximise profit for lawyers). That’s litigation at our expense (for them to pocket).

The other day Managing IP published a long series of posts for AIPLA. These were all puff pieces, starting with this interview of AIPLA’s president, who is described as “associate patent counsel at Johnson & Johnson, where she has worked since 2000. She joined AIPLA in 1995 and has done stints on the Professional Programs Committee, the Board of Directors (from 2004 to 2007) and the AIPLA Fellows.”

So basically, AIPLA is now run by a massive multinational company and it is trying to water down Alice/Section 101, as the following part of the puff piece reveals:

Seeking consensus on Section 101

One example of AIPLA reconciling disparate views has been its work on patent eligibility under Section 101 of the Patent Act.

AIPLA executive director Lisa Jorgenson believes Section 101 problems remain the number one issue on members’ minds.

“Our members tell us that the Section 101 issue is still the most important issue for them,” says Jorgenson. “They are very concerned about the current uncertain state of the law. We believe this has discouraged investment in US-based research and development activities.”

In another post in this series they ask a loaded question (“When should the USPTO intervene in PTAB appeals?” is the headline) even though PTAB ought to work independently, just like the EPO’s appeal boards (BOA). To quote: “The USPTO intervenes in less than a quarter of appeals of PTAB decisions to the Federal Circuit. Nathan Kelley, USPTO deputy general counsel for intellectual property law, recently shed some light on when and why the office chooses to do so” (it ought to stay out of it altogether).

The patent fanatics’ groups (like AIPLA) are reportedly lobbying politicians to destroy PTAB (i.e. restore patent insanity) and they are looking for allies in Congress:

In speeches at the AIPLA annual meeting, Senators Patrick Leahy and Orrin Hatch listed a number of areas they are targeting in Congress, while Hatch said he was concerned about the effects of IPR proceedings on Hatch-Waxman cases

We are going to write more about that later on. The Patent Trial and Appeal Board (PTAB) is basically ensuring reduction in abusive litigation; there’s nothing wrong with that unless one is in the business of litigation. Here we have one of Watchtroll’s latest attacks on PTAB. which is yet another attack on technology itself. The trolls’ lobby just hates science and labels those who actually do science “big tech infringers”.

Meanwhile, as it turns out, in the above event there were pressuring the USPTO to stop PTAB. The term “PTAB improvements” was used, but by improvement they mean watering down. Here we have fanatical lobbyists pressuring USPTO to enrich them by weakening PTAB:

Joseph Matal, who is performing the duties of USPTO director, gave a speech discussing the Patent Trial and Appeal Board, including upcoming USPTO guidance on Aqua Products, how the precedential General Plastic opinion will reduce serial attacks on the same patent, the evolving 325(d) jurisprudence, and two PTAB cases he thought have a shot of being taken up by the Supreme Court

Matal has evidently come under great pressure from these lobbyists, having already seen how his colleague Michelle Lee got bullied out of her job. He is currently being sued as well (Aqua Products, Inc. v Matal among other cases and here’s an update on that).

We certainly hope that PTAB won’t be weakened or watered down. Given a growing number of petitions it ought to be expanded.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Microsoft GitHub Exposé — Part XV — Cover-Up and Defamation

    Defamation of one’s victims might be another offence to add to the long list of offences committed by Microsoft’s Chief Architect of GitHub Copilot, Balabhadra (Alex) Graveley; attempting to discredit the police report is a new low and can get Mr. Graveley even deeper in trouble (Microsoft protecting him only makes matters worse)



  2. [Meme] Alexander Ramsay and Team UPC Inciting Politicians to Break the Law and Violate Constitutions, Based on Misinformation, Fake News, and Deliberate Lies Wrapped up as 'Studies'

    The EPO‘s law-breaking leadership (Benoît Battistelli, António Campinos and their corrupt cronies), helped by liars who don't enjoy diplomatic immunity, are cooperating to undermine courts across the EU, in effect replacing them with EPO puppets who are patent maximalists (Europe’s equivalents of James Rodney Gilstrap and Alan D Albright, a Donald Trump appointee, in the Eastern and Western Districts of Texas, respectively)



  3. Has the Administrative Council Belatedly Realised What Its Job in the European Patent Organisation Really Is?

    The "Mafia" which took over the EPO (the EPO's own workers call it "Mafia") isn't getting its way with a proposal, so it's preventing the states from even voting on it!



  4. [Meme] Team UPC is Celebrating a Pyrrhic Victory

    Pyrrhic victory best describes what's happening at the moment (it’s a lobbying tactic, faking/staging things to help false prophecies be fulfilled, based on hopes and wishes alone), for faking something without bothering to explain the legal basis is going to lead to further escalations and complaints (already impending)



  5. Links 24/1/2022: Scribus 1.5.8 and LXLE Reviewed

    Links for the day



  6. IRC Proceedings: Sunday, January 23, 2022

    IRC logs for Sunday, January 23, 2022



  7. [Meme] Team UPC Congratulating Itself

    The barrage of fake news and misinformation about the UPC deliberately leaves out all the obvious and very important facts; even the EPO‘s António Campinos and Breton (Benoît Battistelli‘s buddy) participated in the lying



  8. Links 24/1/2022: pgBadger 11.7 Released, Catch-up With Patents

    Links for the day



  9. The Demonisation and Stereotyping of Coders Not Working for Big Corporations (or 'The System')

    The war on encrypted communication (or secure communications) carries on despite a lack of evidence that encryption stands in the way of crime investigations (most criminals use none of it)



  10. On the 'Peak Hacker' Series

    Hacker culture, unlike Ludditism, is ultimately a movement for justice, for equality, and for human rights through personal and collective emancipation; Dr. Farnell has done a good job explaining where we stand and his splendid series has come to a close



  11. Links 23/1/2022: First RC of Linux 5.17 and Sway 1.7 Released

    Links for the day



  12. Peak Code — Part III: After Code

    "Surveillance perimeters, smart TVs (Telescreens built to Orwell's original blueprint) watched over our living rooms. Mandatory smart everything kept us 'trustless'. Safe search, safe thoughts. We withdrew. Inside, we went quietly mad."



  13. IRC Proceedings: Saturday, January 22, 2022

    IRC logs for Saturday, January 22, 2022



  14. Links 23/1/2022: MongoDB 5.2, BuddyPress 10.0.0, and GNU Parallel 20220122

    Links for the day



  15. A Parade of Fake News About the UPC Does Not Change the General Consensus or the Simple Facts

    European Patents (EPs) from the EPO are granted in violation of the EPC; Courts are now targeted by António Campinos and the minions he associates with (mostly parasitic litigation firms and monopolists), for they want puppets for “judges” and for invalid patents to be magically rendered “valid” and “enforceable”



  16. Welcome to 2022: Intentional Lies Are 'Benefits' and 'Alternative Facts'

    A crooks-run EPO, together with the patent litigation cabal that we’ve dubbed ‘Team UPC’ (it has nothing to do with science or with innovation), is spreading tons of misinformation; the lies are designed to make the law-breaking seem OK, knowing that Benoît Battistelli and António Campinos are practically above the law, so perjury as well as gross violations of the EPC and constitutions won’t scare them (prosecution as deterrence just isn’t there, which is another inherent problem with the UPC)



  17. From Software Eating the World to the Pentagon Eating All the Software

    “Software is eating the world,” according to Marc Andreessen (co-founder of Netscape), but the Empire Strikes Back (not the movie, the actual empire) by hijacking all code by proxy, via Microsoft, just as it grabbed a lot of the world’s communications via Skype, bypassing the world's many national telecoms; coders need to fight back rather than participate in racist (imperial) shams such as GitHub



  18. Links 22/1/2022: Skrooge 2.27.0 and Ray-Tracing Stuff

    Links for the day



  19. IRC Proceedings: Friday, January 21, 2022

    IRC logs for Friday, January 21, 2022



  20. Peak Code — Part II: Lost Source

    "Debian and Mozilla played along. They were made “Yeoman Freeholders” in return for rewriting their charters to “work closely with the new Ministry in the interests of all stakeholders” – or some-such vacuous spout… because no one remembers… after that it started."



  21. Links 22/1/2022: Ubuntu MATE 21.10 for GPD Pocket 3, MINISFORUM Preloads GNU/Linux

    Links for the day



  22. Computer Users Should be Operators, But Instead They're Being Operated by Vendors and Governments

    Computers have been turned into hostile black boxes (unlike Blackbox) that distrust the person who purchased them; moreover, from a legislative point of view, encryption (i.e. computer security) is perceived and treated by governments like a threat instead of something imperative — a necessity for society’s empowerment (privacy is about control and people in positions of unjust power want total and complete control)



  23. Peak Code — Part I: Before the Wars

    Article/series by Dr. Andy Farnell: "in the period between 1960 and 2060 people had mistaken what they called "The Internet" for a communications system, when it had in fact been an Ideal and a Battleground all along - the site of the 100 years info-war."



  24. Links 21/1/2022: RISC-V Development Board and Rust 1.58.1

    Links for the day



  25. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  26. Gemini Lets You Control the Presentation Layer to Suit Your Own Needs

    In Gemini (or the Web as seen through Gemini clients such as Kristall) the user comes first; it's not sites/capsules that tell the user how pages are presented/rendered, as they decide only on structural/semantic aspects



  27. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  28. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  29. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day



  30. The Web is a Corporate Misinformation/Disinformation Platform, Biased Against Communities, Facts, and Science

    Misinformation/disinformation in so-called 'news' sites is a pandemic which spreads; in the process, the founder of GNU/Linux gets defamed and GNU/Linux itself is described as the problem, not the solution to the actual problems


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