Bonum Certa Men Certa

CAFC and PTAB Are Both Being Insulted by the Patent Maximalists, Who Resort to Offensive Cartoons and Lies

Judge Reyna



Summary: The plaintiff-hostile patent courts, which have become strict on patent scope, are receiving scorn and abuse from the patent 'industry'; the Court of Appeals for the Federal Circuit (CAFC), for example, sees a judge of Mexican heritage caricaturised as shown above

SOFTWARE patents continue their rapid demise in the United States.



Earlier on the Docket Navigator highlighted this new decision wherein a USPTO-granted patent got invalidated (under 35 U.S.C. €§ 101). "The court granted defendant's motion for summary judgment that the asserted claims of plaintiff’s gaming machine patents encompassed unpatentable subject matter and found that the claims lacked an inventive concept," said the summary.

"Unified Patents has also just noted that its PTAB petition was likely successful and the "Walker Innovation" [sic] patent likely invalidated."One can imagine that the court/trial fees (attorneys etc.) were a lot higher than the cost of PTAB petitions (IPRs).

Unified Patent has also just noted that its PTAB petition was likely successful and the "Walker Innovation" [sic] patent likely invalidated. To quote:

On February 23, 2018, Unified filed a petition for inter partes review (IPR) against U.S. Patent 8,549,310 owned and asserted by Certified Measurement, a subsidiary of Walker Innovation and well-known NPE. The '310 patent, directed to a "method and apparatus for secure measurement certification," has been asserted in multiple cases against such companies as Yokogawa America, ABB, and Alstom.


This has become the norm rather than a rarity. The patent micrososm is just trying to cause a controversy and allege that PTAB does not assess evidence/facts. It's an old and easy-to-debunk lie (typically promoted in sites of patent trolls) which Patently-O contributed to with a silly (potentially racist) meme he had made about Federal Circuit Judge Rayne (see above, we had made a copy before he removed it and apologised). There's this new example of efforts to push this lie all the way up to the Supreme Court. We're not worried because the Supreme Court repeatedly rejected petitions to review Alice-type cases.

"The patent micrososm is just trying to cause a controversy and allege that PTAB does not assess evidence/facts."We don't expect the patent micrososm to quit trying all sorts of tricks. Patently-O has already attempted to slow down PTAB and CAFC. Patently-O's Dennis Crouch was even asking his students to write essays which suit his agenda some years back (which raises ethical questions about his employer) and days ago he returned to student essays, this time from Lauren Kimmel about "Science Fiction Law". It wasn't long ago when we saw high school students exploited by Watchtroll for anti-PTAB propaganda, shrewdly constructed in a "think about the children!" fashion.

Another site of the patent micrososm wrote a PTAB rant last week. Andrew Williams said:

Last year, the Federal Circuit decided the Aqua Products, Inc. v. Matal case en banc in what could be considered the epitome of a fractured decision. After 148 pages and five separate opinions, the only agreed-to result could be summed up in two conclusions: (1) that the PTO had not adopted a rule regarding the burden of persuasion, and that (2) because there was nothing that was entitled to deference, "the PTO may not place that burden on the patentee." Nevertheless, Judge Rayne's concurrence-in-part, at Part III, articulated a rule regarding the burden of production, even if there was disagreement whether it was a judgement of the Court or mere "cogitations." This conclusion was that, in the absence of a properly promulgated rule, "the Patent Office must by default abide by the existing language of inter partes review statute and regulations, €§ 316(d) and 37 C.F.R. €§ 42.121, which only allocate a burden of production to the patent owner." At the time, we did not know whether the Board would follow Judge Rayne's pronouncement. But in the interim, the picture has become clear.


That's the same Judge Rayne which Crouch did an offensive cartoon about. Considering what we showed in the previous post, they now have an ally in the Koch Brothers, who are deep-pocketed and notoriously reckless when they intervene in policy. They cannot get the Supreme Court to revisit patent scope, so right now they meddle in Oil States, hoping to undermine the principal or most prolific enforcer of patent scope (PTAB).

Recent Techrights' Posts

Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
 
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026