Bonum Certa Men Certa

Growth in Petitions Against Questionable Patents (PTAB IPRs) and Patent Trolls' Migration to China

In spite of fee hikes, inter partes reviews (IPRs) are still up

Shanghai road



Summary: The United States is saying goodbye to a lot of the nuisance which held back development of good products; there's meanwhile a reported surge in patent litigation in China (up as much as 85% in Guangdong)

The Patent Trial and Appeal Board (PTAB) is seeing work being shifted to it from what otherwise might have been court battles. This is good because it keeps disputes within the realms of the USPTO, hence less expensive (favours the interests of relatively small firms which are easy target/prey to trolls). Attempts to use the Supreme Court’s SAS Institute v Iancu to slow down PTAB (giving it more workload) aren't succeeding. The patent maximalists have just said this:

Chief Judge Ruschke reveals 44% of pending cases were not instituted on all grounds and that the Board has already granted more than a dozen extensions to trials in response to SAS


"CAFC [the Federal Circuit] Determines No Requirement To Reopen Non-Instituted Claims Post-SAS" however, according to Josh Landau, who 3 days ago wrote this:

PGS owns a patent on certain techniques for marine seismic surveying.

In November 2014, WesternGeco challenged the validity of PGS’s patent at the Patent Trial and Appeal Board (PTAB). The PTAB instituted IPR on some, but not all, of the PGS patent’s claims. WesternGeco settled out of the IPR, but the PTAB continued the IPR. In June 2016, the PTAB invalidated some of the claims on which it had instituted the IPR.

PGS appealed the PTAB’s final decision to the Federal Circuit, and the case was argued in April of 2018, a week after the SAS opinion was handed down.

Faced with the question of whether to reopen claims where institution was denied, the Federal Circuit determined that there was no reason (particularly where no party requested it) to reopen those claims, and that it was permissible to deal with only the claims that the PTAB actually decided.


We're going to revisit this separately later today (in relation to more relevant an argument/context).

"...It's up an incredible 85% in Guangdong; good for patent lawyers, but we know at whose expense."In the meantime, statistics speak for themselves. Instead of filing patent lawsuits, based on these numbers, people and firms now file complaints about bogus patents to be invalidated by the USPTO (which wrongly granted these). To quote:

Post-Oil States PTAB filing increases while district court patent case filing slumps to lowest figure this year

Patent Trial and Appeal Board petition filing was up in May while district court patent case filing slumped.


PTAB is becoming the big scene with all the action. Soon, according to this morning's post, "Patent Trial and Appeal Board (PTAB) Judges Kalyan Deshpande, Susan Mitchell, and Michael Zecher will provide an explanation of Board jurisdiction, rules, and proceedings, and then lead a discussion on practice tips for successful oral and written advocacy in the PTAB forum."

Where have all the trolls gone? Some of them moved to China. As Jacob Schindler from the patent trolls' lobby (IAM) put it just before the weekend, in China "the number of first instance patent cases grew by nearly 30% year-on-year to about 16,000 in 2017. The Supreme People’s Court (SPC) reports that more than half of this activity took place in the three key regions that are home to specialised IP courts – Beijing, Shanghai and Guangdong."

It's up an incredible 85% in Guangdong; good for patent lawyers, but we know at whose expense. China's embrace of patent maximalism is a shot in its own foot.

Recent Techrights' Posts

Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
"Victory Day" - Part II: Abject Defeat to Hypocrites and Objectionable People Who Strangle Women Whilst on Microsoft's Payroll
Someone is going to have to pay for this; it won't be us
 
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025
Rust Propaganda Now Amplified by Slopfarms Powered by Microsoft LLMs, Encouraging the Outsourcing of GNU/Linux Distros to Microsoft/GitHub/NSA (and a Shift Away From GPL/Copyleft)
Moving to Microsoft GitHub and adopting unfinished, untested code for highly critical bits
Links 09/05/2025: Inflation Rising and Rights to Protest Curtailed Some More
Links for the day
Gemini Links 09/05/2025: Good and Evil, LLMs Made the Web Worse Yet Again
Links for the day
IBM is Rotting With "Zero Internal Jobs" and Many PIPs (Performance Improvement Plans) on the Way, Typically a Fast Track Towards Layoffs Without Severance
At risk of giving air(time) to tribal sentiments, the internal joke at IBM is that to IBM "AI" stands for "All Indian"
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025