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

07.25.18

Patent Microcosm and New USPTO Director Against Patent Quality Assurance

Posted in America, Patents at 11:30 pm by Dr. Roy Schestowitz

Pursuing patent tax on virtually everything, irrespective of the broader economic ramifications

High quality tax

Summary: The Patent Trial and Appeal Board’s (PTAB) inter partes reviews (IPRs) are very clearly supported by higher/highest US courts; USPTO leadership, however, along with patent extremists such as Watchtroll, push a different narrative

THE new Director of the USPTO is hostile towards PTAB (remember that Director Iancu himself was apparently chosen by Trump for reasons which may include nepotism). We have seen plenty of evidence of it so far (it’s well documented here), but SCOTUS and Federal Circuit judges remain firm in their pro-PTAB stance, so Iancu cannot do much. He would rather speak of SAS, not Oil States, but without looking like a fool he cannot marginalise PTAB.

“When will the patent microcosm and their man inside the USPTO (Iancu) quit badmouthing and discrediting PTAB? Maybe never.”Since we’ve mentioned nepotist/favouritism tendencies at the USPTO, mind yesterday’s tweets from USPTO CIO Watchdog: “Rumor has it that Director Iancu will re-advertise the CIO job, because his staff failed to provide him a list of qualified candidates. Allegedly and unbelievably, Pam Isom and David Chiles were in the top 3 for the job. Scardino must want his puppets? Iancu decided wisely! [] Why is Scardino still serving as the Dep Dir for USPTO, a job he does not meet any of the qualifications to hold? Perhaps Scardino should look to fix his own shop, his shop seems to be incapable of simple contracting and purchasing efforts. More to come as we investigate the CFO…”

More on nepotism for scrutiny by USPTO insiders? Is this how one gets top jobs at the USPTO (similar to some EPO scandals)? Either way, there’s this case from last week called Swartz v Iancu. It has just been summarised as follows:

The federal district court in Alexandria, Virginia, properly dismissed an inventor’s appeal of the Patent Trial and Appeal Board’s decisions rejecting six patent applications on the grounds of lack of utility and collateral estoppel, the U.S. Court of Appeals for the Federal Circuit has held. The applications were directed to unproven cold fusion technology. One application was not ripe for review by the district court because the Patent Trial and Appeal Board had not issued a final decision.

This is another example of PTAB being defended; it seems to not matter what Iancu and the patent microcosm he came from think. What courts are saying is what ultimately matters, which may explain why Watchtroll keeps attacking courts and judges nowadays. Notice how Watchtroll has just cherry-picked this RPX case, not for the first time this week, having also just covered Jazz Pharmaceuticals (yet again). This time it’s Robert Schaffer and Joseph Robinson having a go:

Jazz Pharmaceuticals, Inc. (“Jazz”) appeal to the United States Court of Appeals for the Federal Circuit from six inter partes review (“IPR”) decisions of the Patent Trial and Appeal Board (the “Board”).[1] Collectively, the decisions of the PTAB held certain claims of Jazz’s U.S. Patents 7,668,730, 7,765,106, 7,765,107, 7,895,059, 8,589,182, 8,457,988 and 8,731,963 invalid as obvious. Because the Board did not err in its conclusions of obviousness, the Federal Circuit affirmed. See Jazz Pharm., Inc. v. Amneal Pharm., LLC, No. 2017-1671, (Fed. Cir. July 13, 2018) (before Newman, Lourie, and Reyna, J.)(opinion by Lourie, J.).

Here again we have the higher courts approving PTAB’s important work. When will the patent microcosm and their man inside the USPTO (Iancu) quit badmouthing and discrediting PTAB? Maybe never.

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

What Else is New


  1. Patent Extremism: Stacking the Panels, the Surveys, the Hearings, the Debates

    Projection tactics would have the public believe that those who oppose corruption are simply radicals; patent polarity has come to the point where if one isn't a "true believer" in blackmail (patent trolls) or opposes bribery, then one is simply a "fringe" and akin to terrorists



  2. Links 24/6/2019: Linux 5.2 RC6, Skrooge 2.20.0, ZFS vs. OpenZFS

    Links for the day



  3. The EPO Needs a President Who Obeys the Law, Not One Who Obeys Battistelli

    Succession based on nepotism at Europe's second-largest institution served to shown how inherently broken things had become and why cover-up of injustices is nowadays paramount (not fixing the flaws/ills but merely perpetuating them)



  4. With Water (Treatment) Already Patented It Won't Take Long for Patents (and Patent Royalties) on Air

    A 'paper economy' is what Europe turns into if the current trajectory is followed (led by lawyers, not producers)



  5. Bill Gates Said He Was on a “Jihad” Against GNU/Linux, But GNU/Linux Users/Developers Engaged in Self-Defense Are Foul-Mouthed 'Microsoft Haters'?

    Microsoft, which routinely commits very serious crimes, tries to come across as some sort of philanthropy whereas those who share their work with the public (for greater good) are described as erratic, rude and unworthy of respect from corporations (outcasts basically, deprived of income source)



  6. What Patents the EPO Has Just Awarded (With a Special Reward), Not Just Granted

    The EPO's practice of elevating some patents over the other patents (European Patents) is perhaps more of a societal liability than the EPO cares to realise



  7. Required Reading: Mental State of Team Battistelli/Campinos

    On the heels of yesterday's article about Team Battistelli/Campinos, here are some recommended/required papers on the problem which likely plagues the Office



  8. Links 23/6/2019: Wine 4.11, FreeBSD 11.3 RC2

    Links for the day



  9. Microsoft Apparently Did a Patrick Durusau on Wim Coekaerts to Broaden Its Control Over GNU/Linux

    Microsoft tactics for defection and takeover of the competition (without coming across as hostile) aren't new tactics; internal documents from Microsoft explain how to achieve this



  10. EPO Directors Would be Wise to Rebel Against Team Campinos While They Still Have the Job

    As the EPO continues its bold journey towards dictatorship (where presidencies are passed between friends and ‘circles’ are former colleagues or close confidants) Techrights urges those who have power to speak out — e.g. EPO judges and Directors — to do something before it’s too late



  11. American Front Group Open Invention Network (Riding the Linux Brand) is a Proponent of Software Patents in Europe

    The impact of American multinationals in Europe is difficult to deny; in fact, we're observing the same old lobbying/lobbies still working hard albeit more covertly (typically using front groups)



  12. Say 'Hey Hi' to Software Patents

    Using the “AI” (“HEY HI”) hype the ‘community’ of patent maximalists hopes that every little (and possibly very old) algorithm will suddenly sound amazing and innovative — to the point where it becomes unthinkable to deny a patent monopoly on it



  13. A Personal Note From Ted MacReilly (How Microsoft Works Against GNU/Linux)

    A tongue-in-cheek write-up highlighting the ways Microsoft insiders think and how they strategise against GNU/Linux and Free/libre software



  14. The Linux Foundation's New Vice Chair, Wim Coekaerts, Worked for Microsoft

    The Linux Foundation is boosting the Microsoft boosters and calls that "community"



  15. Links 21/6/2019: GNOME 3.33.3, 32-Bit Support Further Neglected, DragonFlyBSD 5.6.1 Released

    Links for the day



  16. Leaked: Harassment of EPO Directors by Team Campinos

    “New BIT organisation and staff changes,” a novel kind of newspeak, means that Directors are being severely punished without due process at all (“hidden disciplinary measure without disciplinary proceedings”)



  17. Patent Professionals in Europe Have Devolved Into a Marketing Industry

    Lies, buzzwords and hype waves is all that the patent bubble in Europe boils down to these days; loads of bogus patents get granted only for European judges to smack these down (if one can afford the court battle)



  18. Almost Six Months After Iancu Said He Would Make Software Patents Great Again Nothing Has Actually Changed

    We're just a fortnight away from the ludicrous plan of Iancu celebrating 6 months (without accomplishing anything)



  19. Links 20/6/2019: Kubernetes 1.15, Alpine 3.10.0 and Librem 5 June Software Update

    Links for the day



  20. Ignore the EPO's Dumb Festival and Focus on the Abuses Against the Workforce and Its Quality of Work

    Don’t lose sight of the appalling behaviour of the management of the EPO; the last thing it wants is press coverage about its gross abuses and corruption — an aspect it spent literally millions of euros to bury (gaming the news cycle)



  21. Microsoft Attempting to Destroy the Careers of Its Critics, Including Free Software Proponents

    Microsoft isn't changing and has not changed; the tactics described above are still being used, even by its "Open Source" (or "Open at Microsoft") people, who did this to me



  22. Links 19/6/2019: Linux Mint Vs Vista 10, Qt 5.13 Released

    Links for the day



  23. The Linux Foundation's Business Model

    The Linux Foundation's plan, illustrated



  24. Links 18/6/2019: i386 Abandoned by Canonical and a New osquery 'Community'

    Links for the day



  25. Indifference or Even Hostility Towards Patent Quality Results in Grave Injustice

    The patent extravaganza in Europe harms small businesses the most (they complain about it), but administrative staff at patent offices only cares about the views of prolific applicants rather than the interests of citizens in respective countries



  26. Links 18/6/2019: CentOS 8 Coming Soon, DragonFly BSD 5.6 Released

    Links for the day



  27. 'AI Taskforce' is Actually a Taskforce for Software Patents

    The mainstream media has been calling just about everything "HEY HI!" (AI), but what it typically refers to is a family of old algorithms being applied in possibly new areas; patent maximalists in eastern Asia and the West hope that this mainstream media's obsession can be leveraged to justify new kinds of patents on code



  28. Patent Maximalism is Dead in the United States

    Last-ditch efforts, or a desperate final attempt to water down 35 U.S.C. § 101, isn't succeeding; stacked panels are seen for what they really are and 35 U.S.C. § 101 isn't expected to change



  29. Links 18/6/2019: Linux 5.2 RC5 and OpenMandriva Lx 4

    Links for the day



  30. Weaponising Russophobia Against One's Critics

    Response to smears and various whispering campaigns whose sole purpose is to deplete the support base for particular causes and people; these sorts of things have gotten out of control in recent years


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

Recent Posts