Bonum Certa Men Certa

Quick Mention: As Expected, the US Supreme Court Cements PTAB's Role With Trump-Appointed Gorsuch Dissenting

Scotusblog Live Blog
Live blog of opinions (the reference page for this case has not been updated yet)



Summary: Oil States has been decided and it's very good news for the Patent Trial and Appeal Board (PTAB); even Conservatives-leaning Justices support PTAB

THE good news is here. It's not surprising, but it's still very good.

Dan Ravicher‏, a former lawyer of Free/libre software causes (who happens to be quite Conservatives-leading), wrote that "Oil States has been decided by Supreme Court, 7-2 IPRs are Constitutional. Dissent by Gorsuch and Roberts."

The ruling is here. We have not checked it yet. There will be hundreds if not thousands of articles about it in the coming days. It will probably be mentioned for many years to come.

IAM retweeted Dan Ravicher and added: "Over to you, Director Iancu! Most were expecting 9-0, so 7-2 is a slight surprise. But it's an overwhelming endordement [sic] of a status quo that only the USPTO director or Congress can now change."

So hopes IAM. But it will be difficult to change in defiance of a 7-2 decision from the highest legal authority.

IAM's patent extremist (Richard Lloyd), who tried to 'appoint'/install at the top of the USPTO someone who calls PTAB "death squads", wrote about an hour ago that the "Supreme Court issued its decision in the widely anticipated Oil States case earlier today ruling that inter partes review (IPR) is constitutional and does not violate the US Constitution’s Seventh Amendment. The nine justices split 7-2, with Justices Gorsuch writing a dissent in which he was joined by Chief Justice Roberts. In another IPR-focused case the Supreme Court also found that the Patent Trial and Appeal Board (PTAB) must consider the patentability of all claims challenged in a post-grant review following institution. In that case, SAS Institutes v Iancu, the justices were much more closely divided with the five more conservative..."

It's almost a bipartisan view then. Gorsuch is the wolf many thought he would turn out to be. At least he made the Koch Brothers happy.

No word yet from Watchtroll and other messengers of patent trolls, just another 'obligatory' rant about PTAB today. Mr. Gross, who is writing for patent trolls, has unleashed another storm of rants about PTAB, e.g.:

Oracle patent inventors should have predicted that "determining if locations of devices is correct according to prior transactions" is just abstract idea according to PTAB because apparently we all didn't know that it is a "fundamental economic practice" https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016008640-04-16-2018-1 …


PTAB's expansive reading of "organizing human activity" exception to 101 swallows/destroys "distance based advertising in a virtual world" filing by IBM bc human COULD replicate process in real world with 2 different pieces of paper of different sized font https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016008387-04-16-2018-1 …


PTAB indiscriminate 101 strategy: if invention listed as abstract idea under PTO guidelines, then game over: guidelines become end-all be-all of patentability! And even if its not on list, they say list is not binding on them, they can put it there anyway! https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016008387-04-16-2018-1 …


They can moan all they want, but PTAB is here to stay.

Recent Techrights' Posts

EFF Still Uses and Relies on Donald Trump's Friend (Elon Musk) for Campaigning and It Gets No Response (Except From FFII's President)
...He reminds them the issue isn't just "bad patents" or "patent trolls"
OpenSource.net, Which OpenSource.org (OSI) Said Would Continue OpenSource.com (IBM/Red Hat), Has Been Dead for a Month
Open Source Initiative is not an ally; it's a Microsoft front group
Latest in OSI's Blog Affirms Its Status as Microsoft Front Group, Sponsored by Microsoft to Promote Microsoft Agenda and Lobby for GPL Violations
Even the staff is paid by Microsoft; they hardly hide this anymore
OpenAI: If OpenAI Survives Another 2 Years, It'll be About 30 Billion Dollars in Cumulative Losses/Debt
So if Microsoft cushions those losses (to delay the bubble's implosion; Microsoft uses the bubble to fake its "market cap", as does NVIDIA), its debt will skyrocket
Perils for Patent Eligibility Restoration Act (PERA) and PREVAIL (Efforts by the Litigation 'Industry' to Bring Back Software Patents and Crush Challengers at PTAB)
The EFF and FSF seem to have caught up with it
 
Gemini Links 15/11/2024: Boredom and New Blog with Gemini Support
Links for the day
Iceland: Microsoft Windows Down to All-Time Low of 60% on Desktops/Laptops
It also fell sharply across all form factors
Large British Newspaper (The Daily Telegraph) to be Composed by Microsoft Chatbots Instead of Journalists?
"engagement" is not accuracy or quality
FSFE Now Taking Bribes From Microsoft, Its Gold Donor (the Highest Payment Possible)
A sellout does not get any bigger than "Gold Donor"
One of the Largest B2B YouTube Channels?
It makes the Linux Foundation look rogue; it plays along with all this
Free Software is for Everybody
today's Linux Foundation shamelessly and recklessly promotes discrimination
Coming Soon: More Reports About the European Patent Office (EPO)
EPO corruption has made Europe a lot poorer
Filipinos Love GNU/Linux
Philippines as seen by statCounter
[Meme] Poverty Not an Issue
To know who the EFF fronts for, check who's funding the EFF
EFF Stories For Next Year
The EFF isn't what it seems
Windows 10? No, Windows at 10% (in Angola)
That's how statCounter sees things anyway
Wintertime in Techrights
2025 should be an exciting year for us and we look forward to spring
About 80% of Red Hat Blog is the 'Hey Hi' Nonsense (Ponzi Scheme)
The official Red Hat RSS feeds have been drowned out by "AI" nonsense
[Meme] If This is How Wall Street Really Works, People Should be Terrified
"OpenAI worth $150 billion with a $15 billion loss"
Red Hat Has Become a Buzzwords Vendor, Not a Linux Company
Red Hat is quickly becoming a joke of a company or "90% marketing"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 14, 2024
IRC logs for Thursday, November 14, 2024
Phoronix Did Not Cover This...
1,000 people fired at AMD is not news
Links 15/11/2024: LF Talks About Patent Trolls, Advancing a Warning About "Buy Nothing Day"
Links for the day
Alexander Wirt (formorer), Wayward people & Debian censorship
Reprinted with permission from Daniel Pocock
Gemini Links 14/11/2024: Infocalypse and "Multiple Monitorings"
Links for the day
Links 14/11/2024: The Web We Lost Coming Back, X/Twitter Crashing
Links for the day
Links 14/11/2024: Politics, Climate, and Instability
Links for the day
Links 14/11/2024: EmacsConf and Flounder
Links for the day
Links 14/11/2024: Science and the Demise of Microsoft-Connected USPTO Director
Links for the day
For "X" to Die the Media and Politicians Will Need to Quit (Then, Advertisers Will Lose Interest, Even for Political Ads)
Fewer people are still there anyway
Debian GNU/Linux and Free Software Developer Daniel Pocock in Irish Elections This Month (Dublin Bay South)
Polling day in 15 days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 13, 2024
IRC logs for Wednesday, November 13, 2024
Bob Should Tell Alice About What GitHub (Which Linux Foundation Outsources Code to) Does to Entire Nations, Following Donald Trump's Policies
"What's next, preventing access to Linux from non-NATO countries? Putting NSA backdoors in the kernel?"
Layoffs as Happy Stories in the Corporate Media
It's based on a longstanding pattern
It Took The Guardian More Than 2 Years of Musk to Realise What Twitter Was and It Took Twitter 4 Years of a President Trump to Realise What Trump Was
Trump was deplatformed only a fortnight before Biden became president anyway
[Meme] Google 80%, Windows 2%
"I'm going to f---ing bury that guy, I have done it before, and I will do it again. I'm going to f---ing kill Google."
Microsoft's Market Share Falls to 2% in Haiti
Throw in Android (now 80% of "the market") and Windows is down to 2%
Gemini Links 13/11/2024: Magic of Walking and Lest We Forget
Links for the day
Links 13/11/2024: USPTO Director Kathi Vidal ('Former' Microsoft Rep) Resigning, Censorship After Car Ramming Attack in China
Links for the day
Microsoft: Layoffs, Outsourcing, and R.T.O. as Cover for Mass Layoffs Without Severance Pay
Microsoft had mass layoffs pretty much every month this year
[Meme] The Addicted Lolicon Throwing Stones
"They've found my RMS attack site"
Jonathan Carter & Debian betrayed Joel Espy Klecker
Reprinted with permission from Daniel Pocock
Links 13/11/2024: Red Tape War and Programming Experiences
Links for the day
Links 13/11/2024: "Make Your Laptop Last FOREVER" With GNU/Linux, 23andMe Mass Layoffs, Intel 'Resignations' Layoffs Loophole
Links for the day
In Switzerland, GNU/Linux Reaches Record Highs, But What About the Corruption?
Pocock is a disappointed citizen of Switzerland
More Than 3 Years After Vista 11's Release More Chinese Computer Users Still Use Vista 7 (Than "11")
it was "officially" released October 5, 2021
At BetaNews, "Most Commented Story" Is Not a Story But LLM Slop! (Readers Talking to Bots)
They make fake stories with provocative headlines and then boast that these get many comments
[Meme] Swiss Lawyers/Attorneys Who Fake Qualifications and Rob People
Switzerland mostly guards its reputation by censorship of media
Just How Slow Has the News Industry Become?
We're drowning in garbage from fake publishers
Things That Still Work OK (But We're Being Shamed for Using)
Using old stuff is nothing to be shamed of (or afraid to do)
Free Software is About Collaboration
WordPress limits it
Even the Managing Editor of BetaNews is Doing Slop and Spam
A Fish Rots From The Head Down
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 12, 2024
IRC logs for Tuesday, November 12, 2024
PERA Bill in US Senate Strives to Crush Caselaw, Making Patents on Mathematics and Algorithms 'Great Again'
Follow the money
BetaNews is Beta-Testing the Site as LLM Slop With Microsoft Propaganda Thrown In
Many of the people there are Microsoft boosters and they use slop as "filler" (for marketing)
Evolution of euthanasia & WIPO UDRP similarities exposed by W. Scott Blackmer
Reprinted with permission from Daniel Pocock
Gemini Links 13/11/2024: Phasing Out 3G, Brian Kernighan Books, Tcl/Tk, Time to Ditch x86
Links for the day