EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

05.15.18

The Anti-PTAB (Patent Quality), Anti-§ 101 Lobby is Losing Its Mind and It Has Become Amusing to Observe

Posted in America, Law, Patents at 5:50 pm by Dr. Roy Schestowitz

It is actually Watchtroll who should consider stepping down and maybe a career change

Watchtroll

Summary: The rants about the Patent Trial and Appeal Board (PTAB), the courts and even the law itself have reached laughable levels; this reveals that the real agenda of patent maximalists is endless litigation and their methods boil down to those of an angry mob, not legal professionals

THE REFORMS implemented at the USPTO 7 years ago (AIA), combined with a long series of Supreme Court decisions, have changed the ‘attack surface’ of patent lawyers. Patents are no longer presumed valid because many are not.

“Patents are no longer presumed valid because many are not.”We sometimes amuse ourself trying to see what patent extremists are saying. Watching their reactions can be literally funny. Just a few hours ago Watchtroll threw another tantrum, in which the blowhard in chief quote-mined the Director of the USPTO to come up with the headline Section 101 ‘weakens the robustness of our IP system’ (attributing this to Iancu, a friendly hand).

“…we generally view him as somewhat of a caricature of the patent microcosm — a little bit like the “Fox News” of the patent world.”Attacks like these (on Section 101, courts, PTAB and so on) aren’t uncommon. They’re a case of quote-mining. This is Watchtroll’s style. Whether he accepts it or not (we refer to the site and the person as “Watchtroll”), we generally view him as somewhat of a caricature of the patent microcosm — a little bit like the “Fox News” of the patent world.

Watchtroll constantly attacks PTAB, hoping that it would magically go away like Michelle Lee did (after Watchtroll had sort of endlessly bullied her). Watchtroll last attacked PTAB again about 8 hours ago. When the US Supreme Court said that it was absolutely fine with PTAB (just under a month ago in Oil States) Watchtroll characteristically attacked the judges, the courts, and just about everyone! This too isn’t uncommon. Watchtroll does it all the time. It last smeared the high courts only a couple of weeks ago. It smeared the US Supreme Court only about a week ago.

Truly pathetic is the fact that Watchtroll has just, once again, boosted the ‘United States’ (not really) Chamber of Commerce 2018 “Global IP Index,” which is misleading propaganda of the highest order, delivered/put forth to officials on behalf of patent extremists (insulting their own country in an attempt to change policy). David Wanetick actually keeps promoting this nonsense, which many patent rationalists are openly rejecting (they mock this index).

Meanwhile (also earlier today), Professor Michael Risch mentions a Koch-funded AstroTurfer (or patent trolls’ mouthpiece), Adam Mossoff. It’s a pseudo-scholar whose goal seems to be feeding anti-PTAB talking points to Justice Gorsuch and others (on Koch’s payroll). It worked in Oil States and he publicly bragged about Gorsuch citing/quoting him in the decision. This reaffirms the view that the Koch brothers control Gorsuch by proxy, but anyway, these are the concluding words from Risch:

But much of this work is historical. Of late, as the abstract notes, it’s all about the what: What inventions? What classes? What litigation? How many claims? I think people clamor for stories about innovators; I believe my most downloaded (by far) SSRN paper, Patent Troll Myths, resonated because it looked hard at the innovators – individuals to small entities to large companies. Dan Burk looks at innovators (but without data) in Do Patents Have Gender?

I’m sure there are examples I’m not thinking of, but more data and analysis in this area would be welcome. Patents exist in service to their inventors, and so it makes sense to understand who those are to better understand whether patents are achieving their goals…or even what the goals are.

Patent scholars who work for universities and not for think tanks of billionaires do understand that patent balance is needed. Patent maximalism has no place in academia. Because it’s simply irrational and detached from reality…

Looking at some other sites of the patent microcosm throughout the day, we’ve found Michael Loney speaking about PTAB changes that are relatively minor (they already leave Oil States well behind, perhaps hoping not to draw much attention to it). Loney wrote:

Patent owners may not benefit from the proposed shift to the Phillips claim construction standard at the PTAB if it reduces the chance of a stay and leads to a less nuanced Markman construction

Patent owners [sic] have long called for the change proposed by the USPTO last week for the Patent Trial and Appeal Board (PTAB) to use the Phillips standard for claim construction. But it is questionable they would benefit much from it.

We wrote about this over the weekend. It’s very much overblown. Michael Borella also wrote about the Patent Trial and Appeal Board (PTAB), namely a kind of rant about § 101. His opening paragraph in the PTAB-hostile Patent Docs:

The Patent Trial and Appeal Broad (PTAB) of the U.S. Patent and Trademark Office has often been criticized [by patent maximalists] for being particularly harsh when reviewing appeals of claims rejected by an examiner of grounds of patent-ineligibly under 35 U.S.C. § 101. According to some sources, examiners are affirmed about 80-86% of the time in these matters.[1] Therefore, when the PTAB reverses an examiner’s § 101 rejection, it is worthwhile to note how and why.

These rates say nothing about whether that’s just or unjust; if some doctor deems/detects 90% of babies as having no birth defects, does that make the doctor “harsh” or “biased”? No. That’s just very irrational an argument.

The truth of the matter is, the patent microcosm refuses to accept reality and protests against it by bashing the laws, bashing the court, bashing jurists/judges and so on.

Many patents are absolutely fine. They’re not abstract. Here’s a new example — in the form of today’s press release — of patents on more physical things and here’s another:

Sigma Labs, Inc. (NASDAQ:SGLB) (“Sigma” or the “Company”), a provider of quality assurance software under the PrintRite3D® brand, today announced that the Company was allowed a seminal patent entitled “Method and System for Monitoring Additive Manufacturing Processes.” The patent provides protection for methods of assuring part quality using real time data from multiple sensor types.

Manufacturing and sensors aren’t the same as some silly algorithms reducible to mathematics, which is the sort of patents that PTAB regularly deals with. If the patent maximalists refuse to accept that the law was corrected and that it actually helps technology companies, then they simply aren’t interested in science and technology, only litigation. Let them sob…

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

Leave a Comment

You must be logged in to post a comment.

What Else is New


  1. The Attacks on the Patent Trial and Appeal Board (PTAB) Have Lost Momentum and the Patent Microcosm Begrudgingly Gives Up

    The Patent Trial and Appeal Board (PTAB), reaffirmed by the Court of Appeals for the Federal Circuit (CAFC) and now the Supreme Court as well, carries on preventing frivolous lawsuits; options for stopping PTAB have nearly been exhausted and it shows



  2. Software Patenting and Successful Litigation a Very Difficult Task Under 35 U.S.C. § 101

    Using loads of misleading terms or buzzwords such as "AI" the patent microcosm continues its software patents pursuits; but that's mostly failing, especially when courts come to assess pertinent claims made in the patents



  3. António Campinos Will Push Toward a France-Based Unified Patent Court (UPC)

    Frenchmen at EPO will try hard to bring momentum if not force to the Unified Patent Court; facts, however, aren't on their side (unlike Team UPC, which was always on Team Battistelli's side)



  4. In Apple v Samsung Patents That Should Never Have Been Granted May Result in a Billion Dollars in 'Damages'

    A roundup of news about Apple and its patent cases (especially Apple v Samsung), including Intel's role trying to intervene in Qualcomm v Apple



  5. Links 20/5/2018: KDevelop 5.2.2 and 5.2.3, FreeBSD 11.2 Beta 2

    Links for the day



  6. Aurélien Pétiaud's ILO Case (EPO Appeal) an Early Sign That ILO Protects Abusers and Power, Not Workers

    A famous EPO ‘disciplinary’ case is recalled; it’s another one of those EPO-leaning rulings from AT-ILO, which not only praises Battistelli amid very serious abuses but also lies on his behalf, leaving workers with no real access to justice but a mere illusion thereof



  7. LOT Network is a Wolf in Sheep's Clothing

    Another reminder that the "LOT" is a whole lot more than it claims to be and in effect a reinforcer of the status quo



  8. 'Nokification' in Hong Kong and China (PRC)

    Chinese firms that are struggling resort to patent litigation, in effect repeating the same misguided trajectories which became so notorious in Western nations because they act as a form of taxation, discouraging actual innovation



  9. CIPU is Amplifying Misleading Propaganda From the Chamber of Commerce

    Another lobbying event is set up to alarm lawmakers and officials, telling them that the US dropped from first to twelfth using some dodgy yardstick which favours patent extremists



  10. Patent Law Firms That Profit From Software Patent Applications and Lawsuits Still 'Pull a Berkheimer' to Attract Business in Vain

    The Alice-inspired (Supreme Court) 35 U.S.C. § 101 remains unchanged, but the patent microcosm endlessly mentions a months-old decision from a lower court (than the Supreme Court) to 'sell' the impression that everything is changing and software patents have just found their 'teeth' again



  11. A Year After TC Heartland the Patent Microcosm is Trying to 'Dilute' This Supreme Court's Decision or Work Around It

    IAM, Patent Docs, Managing IP and Patently-O want more litigation (especially somewhere like the Eastern District of Texas), so in an effort to twist TC Heartland they latch onto ZTE and BigCommerce cases



  12. Microsoft Attacks the Vulnerable Using Software Patents in Order to Maintain Fear and Give the Perception of Microsoft 'Safety'

    The latest patent lawsuits from Microsoft and its patent trolls (which it financially backs); these are aimed at feeble and vulnerable rivals of Microsoft



  13. Links 19/5/2018: Mesa 18.0.4 and Vim 8.1

    Links for the day



  14. Système Battistelli (ENArque) at the EPO is Inspired by Système Lamy in Saint-Germain-en Laye

    Has the political culture of Battistelli's hometown in France contaminated the governance of the EPO?



  15. In Australia the Productivity Commission Decides/Guides Patent Law

    IP Australia, the patent office of Australia, considers abolishing "innovation patents" but has not done so yet (pending consultation)



  16. Fishy Things Noticed Ahead of the Passage of a Lot of EPO Budget (Applicants' Money) to Battistelli's Other (and Simultaneous) Employer

    Observations and odd facts regarding the affairs of the council in St Germain; it certainly looks like Battistelli as deputy mayor and the mayor (Arnaud Péricard) are attempting to hide something



  17. Links 18/5/2018: AsteroidOS 1.0 Released, More Snyk/Black Duck FUD

    Links for the day



  18. Today's EPO Financially Rewards Abuses and Violations of the Law

    Battistelli shredded the European Patent Convention (EPC) to pieces and he is being rewarded for it, perpetuating a pattern of abuses (and much worse) being rewarded by the European Patent Organisation



  19. So-Called 'System Battistelli' is Destroying the EPO, Warn Insiders

    Low-quality patent grants by the EPO are a road to nowhere but a litigious climate in Europe and an unattractive EPO



  20. Rise in Patent Trolls' Activity in Germany Noted Amid Declining Patent Quality at the EPO

    The UPC would turn Europe into some sort of litigation ‘super-state’ — one in which national patent laws are overridden by some central, immune-from-the-law bureaucracy like the EPO; but thankfully the UPC continues its slow collapse



  21. EPO's Battistelli Taking Days Off Work for Political 'Duties' (Parties) in His French Theatre Where He'll Bring Buckets of EPO Budget (EPO Stakeholders' Money)

    More tales from Saint-Germain-en-Laye...



  22. Links 16/5/2018: Cockpit 168, GCompris 0.91, DHCP Bug

    Links for the day



  23. The EPO's 'Inventor Award' Scam: Part III

    An addendum to the "inventor of the year" affair, namely the case of Remmal



  24. Apple and Microsoft Are Still Suing Companies -- Using Patents of Course -- Which 'Dare' Compete (by Leveraging GNU/Linux)

    The vanity of proprietary software giants — as the latest news serves to reveal — targeting companies with patent lawsuits, both directly and indirectly



  25. The Anti-PTAB (Patent Quality), Anti-§ 101 Lobby is Losing Its Mind and It Has Become Amusing to Observe

    The rants about the Patent Trial and Appeal Board (PTAB), the courts and even the law itself have reached laughable levels; this reveals that the real agenda of patent maximalists is endless litigation and their methods boil down to those of an angry mob, not legal professionals



  26. EPO Has Become Overzealous About Software Patents, Probably More So Than Almost Anywhere Else

    The promotion of an extreme patent regime in Europe continues unabated; whether it succeeds or not depends on what EPO examiners and citizens of Europe can do



  27. Links 15/5/2018: Black Duck's Latest FUD and the EFF's EFFail FUD Debunked Further

    Links for the day



  28. Xiaomi, Samsung, TCL and Others Demonstrate That in a World With an Abundance of Stupid Patents Like Design Patents Nobody is Safe

    The "Cult of Patents" (typically a cabal of law firms looking to have everything on the planet patented) has created a battlefield in the mobile world; every company, once it gets big enough, faces a lot of patent lawsuits and dying companies resort to using whatever is in their "portfolio" to destroy everyone else inside the courtroom (or demand 'protection' money to avert lawsuits)



  29. A Google-Centric and Google-Led Patent Pool Won't Protect GNU/Linux But Merely 'Normalise' Software Patents

    Patent pools, which are basically the wrong solution to a very clear problem, continue to expand and promote themselves; the real solution, however, is elimination of abstract patents, notably software patents



  30. The Patent Microcosm is Still Looking for Ways to Bypass CAFC/PTAB Invalidation of Many US Patents

    In pursuit of patent maximalism (i.e. a status quo wherein US patents — no matter their age — are presumed valid and beyond scrutiny) pundits resort to new angles or attack vectors, ranging from the bottom (IPRs) to the top (Supreme Court)


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts