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02.27.18

As PTAB Continues to Squash a Lot of Low-Quality Patents the Koch-Funded Lobbyists Attack Its Very Existence

Posted in America, Patents at 3:03 am by Dr. Roy Schestowitz

Inside How the Federalist Society & Koch Brothers Are Pushing for Trump to Reshape Federal Judiciary
Reference: Inside How the Federalist Society & Koch Brothers Are Pushing for Trump to Reshape Federal Judiciary

Summary: The proportion of claims canceled in IPRs by the Patent Trial and Appeal Board (PTAB) keeps going up and people whose job is to undermine PTAB and help trolls are up in arms, as usual

HAVING just thwarted a scam, PTAB moves on. On Monday, as per this prolific patent attorney (apparently retired), PTAB affirmed rejection of yet more patents by the USPTO (i.e. the usual).

“PTAB Reversed Examiner on 101, 103 and 112, holding claims to a filter monitoring system for an engine to be patentable,” according to this new example (link to decision attached). That was the only exception. “PTAB Affirms Examiner’s [Section] 101 Rejection of Rockwell Control Claims,” said another example and also “PTAB Affirms Examiner’s [Section] 101 Rejection of Rockwell Search Method Claims…”

“…PTAB now invalidates almost 9 out of 10 challenged patents.”Then there’s this: “PTAB Affirms [Section] 101 Rejection of Blueshift IP Patent Application by Examiner…”

How many of these are software patents being rejected and then rejected again on appeal?

According to these new statistics from a very large law firm (Finnegan), PTAB now invalidates almost 9 out of 10 challenged patents. To quote:

In a difficult month for patent owners, the Patent Trial and Appeal Board issued 33 IPR and CBM Final Written Decisions in January, including decisions following remands from the Federal Circuit, cancelling 357 (87.71%) instituted claims while declining to cancel 45 (11.06%) instituted claims. Patent owners conceded 5 claims (1.23%) through motions to amend or disclaimer in cases reaching a final decision. For comparison, the cumulative average rate of instituted claims cancelled in IPR and CBM Final Written Decisions is about 75%.

Anti-PTABers are growing loud again. They want PTAB destroyed and they rely on some forgotten-about bills and Oil States. We now see that Koch-funded rogues like Adam Mossoff are still lobbying to crush PTAB. They are getting vicious at that. Mossoff wrote: “Why #STRONGERPatentsAct must be passed: PTAB continues to be rogue tribunal, refusing to follow rules adopted by @uspto in examining #patent applications when PTAB invalidates these patents issued under these rules. Kafka couldn’t write it better!”

Mossoff is working for a nefarious think tank which defends patent trolls and other terrible things. We’ve written a lot about Mossoff over the years. He’s like the “NRA of the patent world”…

“Mossoff is working for a nefarious think tank which defends patent trolls and other terrible things.”As it turns out, aside from Koch-funded anti-PTAB events in which a scammer lawyer is on the panel there’s also this upcoming ‘webiner’ about PTAB. Guess who organises it and what the agenda will be. “McDonnell Boehnen Hulbert & Berghoff LLP,” it says, “will be offering a live webinar entitled “Top Stories at the PTAB: What You Need to Know” on March 13, 2018 from 10:00 am to 11:15 am (CT). In this presentation, Patent Docs author and MBHB attorney Andrew Williams and MBHB attorney George “Trey” Lyons, III will examine the Supreme Court’s Oil States Energy Services case and the impact it might have on future PTAB practice…”

So basically yet another one of those stuffed/stacked panels. They call it ‘webiner’ because it’s basically just marketing or lobbying. That’s what the term ‘webiner’ typically stands for.

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