Bonum Certa Men Certa

BIO, MDMA and PhRMA Are Pushing the PTAB-Hostile STRONGER Patents Act While IAM and Patently-O Continue to Bash PTAB

The only "death squad" (their term) is the patent extremists trying to 'shoot down' PTAB and its judges

Death squad



Summary: The patent microcosm, which compares the Board to the above (crude analogy from Judge Rader and other patent extremists), is still trying to kill inter partes reviews (IPRs), in effect overlooking its own hypocrisy on the matter (they don't want patent justice, they just want to metaphorically 'shoot down' the judges)

THE USPTO is improving things with inter partes reviews (IPRs), so it's rather hard to imagine that anyone other than patent maximalists would wish to interfere.



We were a little stunned to see the STRONGER Patents Act mentioned again yesterday. We have hardly heard anything about it for nearly a year. What the CCIA's Josh Landau is saying here, along with that corny zombie silhouette, is that "Like A Horror Movie Villain, The STRONGER Patents Act Returns," but as far as we can see/tell, it is still pretty much dead and not mentioned anywhere except Koch-funded think tanks (they mention it on occasions, usually in tweets). Landau wrote:

Since the STRONGER Patents Act was introduced last year, it’s basically been a dead topic. Maybe that’s because the bill would gut the extremely successful inter partes review procedure and overturn more than a decade of Supreme Court precedent, crippling the ability of small and medium enterprises to develop products without fear. It would even make it legally beneficial to develop products anywhere other than the United States – a sort of R&D inversion scheme, enshrined in statute.

So, given that the STRONGER Patents Act will harm innovators and drive R&D overseas, why are Reps. Stivers (R-OH) and Foster (D-IL) planning to bring the STRONGER Patents Act back and introduce it in the House on Tuesday?

[...]

Who Greenlighted This Sequel, Anyway?



So who’s supporting this bill, despite the harm to American innovation?

PhRMA, the pharmaceutical industry lobby. BIO, the biotech version of PhRMA. MDMA, the medical device version of PhRMA. I can’t imagine why they want to make it harder to invalidate the patents they use to keep generic companies off the market.

The Qualcomm-funded Innovation Alliance? InterDigital? Companies that make their money by licensing patents under threat of litigation? I’m sure Qualcomm and InterDigital would be unhappy if they could bar sales of iPhones entirely based on a patent related to a small part of a component that costs $20.

And there’s one other party lurking in the background—litigation finance. Third-party financial companies that underwrite patent litigation on spec, hoping to share in any damages awarded. Stivers and Foster aren’t on the Judiciary Committee, the House committee with jurisdiction over patent issues. They’re on House Financial Services.

And litigation finance companies making money by betting on patent litigation would like to make their business a less risky bet by making it harder to challenge patents and easier to extract royalties that exceed the value of the patent using the threat of injunctions.

A bill that will keep drug prices high by sending research overseas and increase everyone’s prices to reward financial speculators?

That’s a real-life horror story.


At least we know who's behind it.

Landau is now being cited by Joff Wild (IAM). This new guest post cites CCIA/Patent Progress and starts by saying that "one thing everyone can agree on, surely, is that IPRs have saved companies billions of dollars..."

As Landau points out (above), he "can’t imagine why they want to make it harder to invalidate the patents they use to keep generic companies off the market."

If justice is what one cares for, PTAB is great. It makes access to justice better.

"Well, maybe not."

So says IAM's guest post. It suits IAM's PTAB-hostile narrative.

"IP Edge managing director Gautham Bodepudi," Wild continues, "has been doing some calculaitons and, he claims, while some parties do indeed make big savings, overall the results are not particularly impressive. This is Gau’s view, not necessarily ours, so we’d be very keen to hear from anyone who thinks he may have missed something. Anyway, here is what he has to say."

It's hardly surprising that a patent trolls' lobby (IAM) would relay things like that. It also uses the "death squad" canard, in essence equating/comparing a court to a firing line and judges to people who execute. It's also unsurprising that Patently-O, as of yesterday, cherry-picked a PTAB case because it's one of those rare cases where CAFC does not fully agree with PTAB. In short, Dell uses an IPR to tackle dubious patents that the USPTO probably oughtn't have granted. This is what happened next:

In its original decision, the PTAB cancelled claim 3 of Acceleron’s U.S. Patent No. 6,948,021 (inter alia). That holding was based upon an argument first presented by Dell at Oral Arguments (over Acceleron’s procedural objections). The Federal Circuit in 2016 vacated that first PTAB decision — “the Board denied Acceleron its procedural rights by relying in its decision on a factual assertion introduced into the proceeding only at oral argument, after Acceleron could meaningfully respond.”

[...]

On appeal again, the Federal Circuit has now affirmed the validity finding — holding that the Board properly ignored Dell’s argument – even though the result is that we confirm the validity of a patent claim that is thought to be invalid. The problem for Dell is that the procedural rules are clear – “No new evidence or arguments may be presented at the Oral Arguments.” (Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756 (Aug. 14, 2012)).

The primary holding here is that the PTAB was not required to allow for any re-briefing of the arguments and evidence.


This is that same old propaganda pattern from Crouch. He likes to pretend that PTAB is some very unfair, biased court. He only covers cases that support such a narrative while discarding the rest. He has done so over a hundred times in the past year alone, probably in an effort to sway the opinion of Justices who are about to conclude Oil States.

Recent Techrights' Posts

The World's 'Richest Country' Chooses GNU/Linux
This has gone on for quite some time
Apple's LLM Slop Told Us Luigi Mangione Had Shot Himself, BetaNews Used LLMs to Talk About a Dead Linus Torvalds
They can blame it on some bot
 
A Strong and Positive Closing for the Year's Last Week
In a lot of ways this year was a good one for Free software
Feels Too Warm for Christmas
Christmas is here, no snow in sight
Links 23/12/2024: 'Negative Time' and US Arms Taiwan Again
Links for the day
Links 23/12/2024: The Book of Uncommon Beings, Squirrels, and Slop Ruining Workplaces
Links for the day
Links 23/12/2024: North Korean Death Toll in Russia at ~1,100, Oligarch Who Illegally Migrated/Stayed (Musk) Shuts Down US Government
Links for the day
Richard Stallman on Love
Richard Stallman's personal website includes a section that lists three essays on the subject of love
Microsoft, Give Me LLM Slop About "Linux" and "Santa", I Need Some Fake Article...
BetaNews is basically an LLM slop site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 22, 2024
IRC logs for Sunday, December 22, 2024
Technology: rights or responsibilities? - Part XI
By Dr. Andy Farnell
GNU/Linux and ChromeOS in Qatar Reach 4%, an All-Time High
Qatar has money to spend, but not much of it will be spent on Microsoft, or so one can hope
Links 22/12/2024: Election Rants and More Sites Available via Gemini
Links for the day
Links 22/12/2024: North Pole Moving and Debian's Joey Hess Goes Solar
Links for the day
This 'Article' About "Linux Malware" is a Fake Article, It's LLM Slop (Likely Spewed Out by Microsoft Chatbot)
They're drowning out the Web
Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day