Bonum Certa Men Certa

The Anti-PTAB Lobby Still Predicting Doom and Gloom, as Usual, Despite PTAB's Year-Over-Year Growth

Fee increases merely caused a spike

Patent Trial and Appeal Board Statistics Source: Patent Trial and Appeal Board Statistics [PDF]



Summary: A gradual increase in the number of inter partes reviews (IPRs) in spite of fee hikes; the anti-PTAB lobby is still latching onto anything it can in search of scandals, trying to discourage filers

HAVING failed as a company, RPX was recently put on sale and taken over for a symbolic sum of money. Seeing the effect of Section 101 on patent trolls (whose patents were no longer of much use), RPX began exploring the legal terrain in China. The USPTO isn't the world's most lenient patent office anymore; SIPO took this 'crown' of shame.



RPX occasionally uses inter partes reviews (IPRs) to tackle US patents at the Patent Trial and Appeal Board (PTAB); this means that anti-PTAB 'reporters' and IAM lobbyists like Richard Lloyd feel compelled to intervene. When do reporters become just paid propagandists and what can be done about it?

This is what it's about; it's related to the Federal Circuit (CAFC) case we've mentioned here several times lately:

The recent Court of Appeals for the Federal Circuit’s ruling in Applications in Internet Time v RPX has presented a headache for third party IPR filers everywhere, but arguably none quite as serious as for Unified Patents. Since it was founded in 2012 Unified Patents has made its name as one of the most frequent filers of inter partes reviews, challenging patents of what it claims are of questionable quality that pose a threat to their members in specific zones such as auto, cloud computing and retail.


Unified Patents helps stop some patent trolls (a success story was last heralded 3 days ago), so no wonder IAM does whatever it can to oppose it. The latest from Unified Patents is this:

On August 3, 2018, the Board issued an order terminating IPR2017-02195 pursuant to a joint request filed by Kaldren LLC (an IP Edge entity) and Unified Patents. U.S. Patent 6,820,807, the subject of the IPR petition, relates to formatting digital data into an encoded pattern (such as a QR code).


Alluding to that same RPX case, Michael Loney makes it sound as though PTAB is on the demise by only comparing this past month to other months in the same year (it's summer!) rather than past years. Misleading or what? This is what he said:

July included 127 petitions filed, the Federal Circuit making it harder for RPX and Unified Patents to file IPRs, and two noteworthy decisions on public accessibility

July had the second fewest petitions filed at the Patent Trial and Appeal Board (PTAB) this calendar year.

The 127 petitions consisted of 118 inter partes review (IPR), three covered business method (CBM) and five post-grant review (PGR) petitions.


The improper comparison above does make us wonder what he had in mind; patent lawyers and spinners don't like to be fact-checked; they make their living out of spinning things to make it seem as though they're honest while in fact they're mostly lying.

From what we can gather, PRAB filings do not fall but have actually increased each year. They're increasingly being leveraged to tackle bad patents. Here's what David Hricik (former CAFC) had to say about Fujinomaki v Google, LLC the other day: "In a recent case where Google sought to shift fees onto a patentee who lost his patent in an IPR, Google relied on the fact that a former employee of the patentee told Google’s counsel that the pre-suit investigation had been inadequate."

That would further discourage pursuit of bad patents -- something which certainly terrifies the likes of Watchtroll. 3 days ago Chris Bruno and Arun Mohan published Watchtroll's latest PTAB rant:

In 2012, Congress enacted the America Invents Act (AIA), which included, among many reforms, the creation of the now-familiar inter partes review (IPR) process. An IPR petitioner may challenge a patent’s claims as wrongly issued based on the availability of certain prior art. If the Patent Trial and Appeal Board (PTAB) decides to institute on a petition, it allows for additional briefing, presentation of limited evidence, and a hearing. Ultimately, the Board issues a final written decision that determines whether the challenged claims are patentable or cancelled. As part of that process, the AIA provides patent owners the right to “file 1 motion to amend the patent” to propose a “reasonable number of substitute claims.” 35 U.S.C. €§ 316(d). The statute also provides that “the petitioner shall have the burden of proving a proposition of unpatentability by a preponderance of the evidence.” €§ 316(e). The en banc question was how those two subsections interact, and more specifically, whether the patent owner or petitioner bears the underlying substantive burden on a motion to amend.


Another en banc was covered by Robert Schaffer and Joseph Robinson two days later.

Frank DeLucia also used Watchtroll to boost NYIPLA's anti-PTAB rhetoric, which we last mentioned a fortnight ago. As we'll show later, the anti-PTAB lobby keeps lobbying Iancu; they hope to convince him to scuttle or slow down PTAB. That's pretty revealing. But it's up to the courts, not to Iancu.

Recent Techrights' Posts

Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
 
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025