Bonum Certa Men Certa

The Supreme Court's SAS Decision and the Race/Campaign to Undermine PTAB With Iancu's Help

Recent: The Patent Trolls' Lobby (IAM) Already Pressures Andrei Iancu, Inciting a USPTO Director Against PTAB

Speed Bump



Summary: As one might expect, people who profit from patent litigation are trying to stop or at least curtail/slow down the Patent Trial and Appeal Board (PTAB), whose primary function is preventing frivolous patent lawsuits by annulling improperly-granted patents (typically those that are actively being used to issue spurious threats)

AS the previous post noted, Oil States is being forgotten about and it's no accident. It's intentional. The general idea is to leave behind anything which legitimises PTAB and instead promote anti-PTAB clauses and cases. The USPTO seems cooperative with the latter agenda, especially with Iancu in charge. Add to all this a front group (BIO) or two and it doesn't look particularly encouraging. The PTAB-hostile BIO had an "International Convention" advertised 24 hours ago. Guess what's on the agenda... there's also this upcoming 'webinar' on divided infringement, advertised 24 hours ago as well.

"Lawyers can 'clock' more time (time is money, billing) and PTAB won't manage to deal with as many petitions."Yesterday we wrote about pharmaceutical patent lawsuits soaring in Delaware and days ago we found this new report, which is titled "Delaware District Dismisses BPCIA 'Private Right' Claim; Says Controversy Not Sufficiently Immediate" (neither private nor a right, just like patents). As we shall recall in our next post, pharmaceutical patent litigants nowadays go extremely far to challenge courts or tribunals -- to the point of resorting to "scams". Things have gotten really dirty. In Promptu Systems Corporation v Comcast Corporation et al, as Docket Navigator noted the other day, the "Plaintiff’s Former Officer and Lead Inventor Disqualified as Consultant for Defendant" (conflict of interest is clear here). To quote:

The court granted plaintiff's motion to disqualify plaintiff's former officer/lead inventor of the patents-in-suit from consulting with defendant on non-confidential matters.


Anyway, it's getting hard to challenge PTAB or win patent cases in US courts. That's mostly because so many US-granted patents should never have been granted in the first place. The tactics among the litigation industry nowadays revolve around smearing PTAB and, as we noted yesterday, smearing the high courts as well. Again, this is really, really dirty.

An article by David M. Maiorana (Jones Day) recently (last week) recalled the SAS case and said this:

On April 24, 2018, the U.S. Supreme Court issued its decision in SAS Institute Inc. v. Iancu, where the Court held that the Patent Trial and Appeal Board (PTAB) must issue a final written decision as to any patent claim challenged by an IPR petitioner. Just two days later, the PTAB issued written guidance on the impact of the SAS decisions on AIA trial proceedings.

[...]

The SAS decision has rapidly changed practice before the PTAB. Practitioners must closely watch for future changes. The guidance notes that the PTAB will continue to assess the impact of the SAS decision and will provide further guidance in the future if appropriate. Jones Day will continue to monitor the situation and will provide further updates in this blog.


What about Oil States? It was by far more important a decision. As a reminder, the patent microcosm tries very hard to distract from it. See our previous posts on this matter:



Also obsessing over SAS were the patent maximalists of Patently-O, who have been trying to slow PTAB down for well over a year and nowadays promote Droplets v Iancu. The agenda is very clear to see. To quote Dennis Crouch's latest:

Although non-precedential, Valmont Indus. v. Lindsay Corp (Fed. Cir. 2018) appears to be the first post-SAS Federal Circuit opinion involving a partially-initiated inter partes review (IPR) proceeding.

In its IPR petition, Lindsay challenged all 18 claims of Valmont’s U.S. Patent No. 7,003,357. The PTAB instituted, but only to claims 1-15 and 17-18 — the case against Claim 16 was not strong enough. In its final decision, the PTAB found the claims obvious except for claim 11 and, of course claim 16 (whose validity was not tried).


So PTAB reached the same conclusion, albeit more slowly. The patent microcosm is just trying to make life harder for PTAB. Iancu seems rather friendly towards this agenda. Lawyers can 'clock' more time (time is money, billing) and PTAB won't manage to deal with as many petitions (IPRs).

Recent Techrights' Posts

Ubuntu Desktop Director of Engineering Has Only One Blog Post. It Promotes Microsoft Windows.
Remember that even 15 years ago (more or less, maybe 16 years ago) Canonical appointed a a 'former' Microsoft manager (Spencer) to lead Ubuntu on the desktop
IBM Red Hat on "era of cloud computing", pushing "hey hi" (AI) hype in Microsoft Azure
LLM slop might actually be more benign than Microsoft promotion
Corruption and Rule-Breaking Prevail at the European Patent Office (EPO), Europe's Second-Largest Institution
The law does not really exist at the EPO; it can be perceived as merely a "recommendation"
404 Media Says "Workers at NASA Told to Drop Everything to Scrub Mentions of Indigenous People, Women from Its Websites" But There's Also Accessibility in the Firing Line
In the case of abandoning accessibility, everyone stands to be hurt and proprietary software can be brought in to replace standards
 
Tons of Anti-Linux 'Articles' Published by Bots (LLMs), Maybe Microsoft's
Upon closer inspection, all this FUD turned out to be LLM garbage
Gemini Links 06/02/2025: Voicemail Sucks and Night of Lights
Links for the day
Links 06/02/2025: YouTube Takedowns Out of Control, 'DOGE' Breaking Laws
Links for the day
statCounter: More Countries Where Windows is Around 1% "Market Share" (People Have Moved to Android/Linux)
in some nations Windows is already 1% or less
When BetaNews Writes Real Articles About "Linux" They Promote Windows
The Web is in a bad state. We need to at least try to correct this.
Gemini Links 06/02/2025: Cynicism and "Real Magic on the C64"
Links for the day
Links 06/02/2025: New Sanctions, Layoffs, and Executive Orders
Links for the day
Distros and Desktop Environments, Devices
GNU/Linux focused
New Rumours of IBM Layoffs in 2025, IBM Consulting Still Struggles, Based on Management
"Hey hi" (AI) has been a common excuse for business failure
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 05, 2025
IRC logs for Wednesday, February 05, 2025
Links 05/02/2025: Kessler Syndrome and News Online
Links for the day
statCounter: Monaco Now 7% GNU/Linux ("Proper")
GNU/Linux, not counting Chromebooks, is on the rise
Many Parts of Google Lose Money
It's quite apparent that many parts of Google - even some that rely on ad revenue or push ads - aren't profiting
European Internet Forum (EIF) is Dominated by American Corporations and Microsoft Lobbyists, Staff Take the Lead
Should the officials over here or the European Parliament pay attention to these people?
Links 05/02/2025: Connection without Connectivity and Unionised Grocery Workers
Links for the day
Just Because People on Top of the Microsoft Pyramid Made a Lot of Money Doesn't Mean Microsoft is Wealthy
The bigger they are the harder they fall
Gemini Links 05/02/2025: Learning, Madman Ruling a Mad Country, Back in Geminispace
Links for the day
statCounter Shows "WIntel" Chasing a Dying Market
Microsoft acts as if it's running out of money
Free Software Foundation, Inc. (FSF) Still Raising Money, Richard Stallman Contributes
total exceeding $430k
A Lot of Stuff About "Linux" in Google News is LLM Slop, Fake 'Articles'
It seems to be getting worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 04, 2025
IRC logs for Tuesday, February 04, 2025
'Official' Debian Sites That Sell Proprietary and Surveillance
"Azure API throttling strikes back"
statCounter: Only 1 in ~40 Web Users in Ireland Uses Microsoft Browser, One in Six Uses Windows
When/if Windows market share goes down, so will Edge
Links 04/02/2025: Social Control Media Bans and US Fighting Its Allies, Not Russia
Links for the day
Links 04/02/2025: Birth of a Calf, FOSDEM, and More
Links for the day
Anti-Linux FUD Sites cybersecuritynews.com and gbhackers.com Turn Out to be LLM Slop, Even Plagiarism That Spreads Lies
Beware false headlines and fake text from cybersecuritynews.com and gbhackers.com
BetaNews Began Removing LLM Slop About "Linux", But More of It Keeps Coming From Guardian Digital, Inc (at linuxsecurity.com)
the other Serial Slopper, Guardian Digital, Inc
Mollamby, Suicide Cluster, not trademark, the real reasons for Debian legal expenses, evidence
Reprinted with permission from Daniel Pocock
Links 04/02/2025: Mass Layoffs at Salesforce, Economic Pressures, Trade Wars
Links for the day
The Latest Microsoft Layoffs Are a Wake-up Call: The Company is Running Low on Money
in most areas it is not even profitable
[Video] Richard Stallman Auctioning a GNU (Gnu) at Surathkal, India
clip is only a minute-long
Software Freedom Month at NITK Surathkal and Yesterday's Talk by Richard Stallman
the message being spread by the person who started it all
Richard Stallman Has Another Talk in India Tomorrow, at Least Fourth India Talk in Recent Days
In the past month he has given at least half a dozen talks
statCounter: GNU/Linux and ChromeOS Now Measured at 2.78% in Japan (It Used to be Less Than 0.5%)
really 'took off' half a decade ago
GNU/Linux Reaches All-Time High in the United States, Based on statCounter
Windows is the loser; GNU/Linux grows at its expense
LLM Hype (Chatbots Hyped and Wrongly Characterised as "Artificial Intelligence") Cause Net Inflation
Net as in Internet, not limited to the Web
It Looks Like BetaNews' Managing Editor Wayne Williams is Taking Over From Fagioli After Repeat Pattern of LLM Slop (State-of-the-Art Plagiarism) About "Linux"
The most plausible explanation is, Fagioli got caught or his conduct could no longer be ignored
statCounter Reckons Less Than 10% in Mexico Still Use Windows to Access to Web and GNU/Linux Surges to All-Time High (Plus, Microsoft's Latest Debt Crisis)
Looking at Mexico in isolation
From India to Italy: Richard Stallman's Next Talk is Next Week in Torino
Announced less than a day ago
Corporate Media is Intentionally Lying for Microsoft, There's Now a Hiring Freeze, No Replacements for Workers Laid Off in Two Mass Layoffs Last Month
Maybe the media - at least some of it - actually deserves doom. If it covers up for the powerful to muzzle and gaslight the oppressed, then what sort of media is that anyway?
Gemini Links 04/02/2025: Tolkien and New Job
Links for the day
Covering EPO Scandals in an Age of Mass Censorship (and Europe Being Afraid to Introspect, for It Might "Help Putin")
It was all along expected that "external enemies" would be invoked to suppress discussion about EPO crimes
Facebook Finally Admits That It Censored Linux and Banned People for Mentioning It; statCounter Shows Rapid Growth for GNU/Linux in Southeast Asia
So GAFAM is losing its power
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 03, 2025
IRC logs for Monday, February 03, 2025