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

09.12.18

Defending the World’s Most Notorious Patent Trolls in an Effort to Smear the Patent Trial and Appeal Board (PTAB) is an Utterly Poor Strategy

Posted in America, Deception, Patents at 2:02 am by Dr. Roy Schestowitz

Just comes to show that patent zealots have run out of legitimate arguments

Patent Lawyers' Tears

Summary: The ‘case’ for patent maximalism is very weak; those who spent years if not decades promoting patent maximalism have resorted to attacks on judges, to defense of trolls like Intellectual Ventures, defense of patent scams, and ridiculous attempts to call victims of patent trolls “trolls”

THE USPTO nowadays limits itself using the Patent Trial and Appeal Board (PTAB) with inter partes reviews (IPRs). The examiners can be stopped or their decisions overturned without the courts getting involved (someone filing an actual lawsuit). This whole process (as per AIA) has been good and it has thus far limited the scope/quantity of litigation i.e. the rates of frivolous lawsuits. Put another way, this has improved access to justice.

PTAB was until recently headed by David Ruschke, its chief judge. Ruschke's exit (from this role) has just been mentioned by a patent maximalists’ site, Managing IP, where Ellie Mertens wrote the following summary this week:

As of September 2, David Ruschke stepped down from his post as chief judge at the PTAB and moved into a role across the agency as senior advisor to patents.

We don’t know the motivation and cannot tell whose idea it was; did Iancu create a bogus new role through which to ‘decapitate’ PTAB? It’s hard to tell because there’s no transparency. Iancu mentioned this in passing when he spoke to Watchtroll, an aggressive site which is again sobbing for patent trolls, alluding to case we covered some days ago. “The Courts unfortunately seem content to allow the PTAB to continue unabated,” Watchtroll said yesterday as if PTAB is the enemy and scammers who misuse tribal/sovereign immunity are fine people. Yes, they actually defend them! Things have gotten so bad for patent maximalists that they advocate scams.

PTAB was also smeared the day prior to that. To quote:

Relying on internal USPTO policies and former PTAB judges’ personal experiences, a recent spate of commentary has provided different explanations regarding the rarity of dissents for ex parte appeals. We were still left wondering why some judges go out of their way to write dissents. In an effort to better understand this issue and what the dissents might reveal about the ex parte appeal process in general, we conducted a statistical analysis of dissents in recent ex parte appeal decisions.

“We” as in the patent microcosm. They try hard to defend bogus, invalid patents.

PTAB does not help trolls; it does the exact opposite and those who attack PTAB often turn out to be in the business of suing (or representing trolls).

Here’s a new example of PTAB being leveraged against a patent troll that attacks real companies. Sound View’s patent is “determined to be likely invalid,” Unified Patents wrote yesterday after it had filed an IPR:

On September 10, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims in an IPR filed by Unified against U.S. Patent 9,462,074 owned and asserted by Sound View Innovations, LLC, a well-known NPE. The ’074 patent, directed to “caching techniques to support streaming media storage and distribution in a network,” has been asserted in multiple cases against such companies as Facebook and Hulu.

Facebook is a supporter of PTAB through HTIA, which was very actively promoting PTAB lately. As we noted in the weekend, Watchtroll actually called Facebook a "troll" for trying to defend itself from one. It’s amazing just to what levels of distortion these people would resort.

Here is Mike Masnick saying — in his own words — that Blackberry “has always been more of a patent troll.”

Many others have been saying the same thing, even some patent maximalists.

From Masnick’s post at TechDirt, which he published yesterday afternoon:

Blackberry, the Canadian company that briefly made semi-popular devices for people at companies thanks to their physical keyboards, has always been more of a patent troll. While the company was on the losing end of one of the most famous pure patent troll cases in the past few decades, we have noted in the past that the very reason the trolling operation NTP sued Blackberry (then RIM) was RIM/Blackberry’s own ridiculously aggressive patent shakedowns of other companies, which caught the attention of NTP’s principles in the first place. Since the demand for actual devices from Blackberry has shrunk to “wait, those guys still exist?” levels, it’s focused again on patent shakedowns.

Back in March, the company sued Facebook claiming that Facebook was infringing with some fairly basic concepts related to mobile messaging. While there were a number of different patents and claims in the original 117-page complaint, many of them are clearly bonkers. There is no reason why this stuff should be patented at all. Take, for example, US Patent 8,209,634 for “Previewing a new event on a small screen device.” Believe it or not, Blackberry has patented adding a little dot showing you how many unread messages you have. Really.

To summarise, what we now have is a bunch of sites that represent the interests of the litigation ‘industry’. That primarily means patent trolls as they account for the lion’s share of lawsuits. They’re absolutely happy to call victims of trolling “trolls”, to constantly sob for patent trolls like Intellectual Ventures, and to defend scammers whose goal is to dodge PTAB by defrauding the system. The arguments of these people have become so weak and so fragile that some of them ceased their efforts, as we noted in our previous post. They’re basically giving up.

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. Links 19/11/2018: Linux 4.20 RC3, New Fedora ISO, GNU OrgaDoc 1.0

    Links for the day



  2. A Fresh Look at Recent 35 U.S.C. § 101 Cases Reveals Rapid Demise of Software Patents Even in District (Lower) Courts

    Contrary to narratives that are being spread by the patents and litigation 'industry', there's anything but a resurgence of patents on algorithms; in the United States they're almost always rejected by courts at all levels



  3. All the Usual Suspects Are Still Working Hard to Harm the Legitimacy if Not Existence of Patent Quality Control

    With David Ruschke out of his role and other former judges leaving the Office one wonders if the new Office leadership is just scheming to hide a decline in patent quality by simply removing quality assessors



  4. The U.S. Patent and Trademark Office Must Be Based on Justice, Not Profits

    With obviousness grounds, prior art and tests for how abstract ideas may be, there's no excuse left for patent maximalism; will patent offices listen to courts or defy caselaw (in pursuits of fulfilling greed)?



  5. The European Patent Office is Attracting Patent Trolls

    Enforcement of software patents in Europe by the large patent troll (disguised as a pool) MPEG-LA means that European software developers cannot develop software with full multimedia support (not without sudden disruption to their peace)



  6. Patent Maximalists Are Still Upset at the US Supreme Court (Over Alice) and the US Patent Office Carries on As Usual

    In spite of the courts’ continued rejection of software patents — perfectly in line with what the high courts are saying — abstract ideas are still being covered by newly-granted patents



  7. Links 18/11/2018: Cucumber Linux 2.0 Alpha and Latest Outreachy

    Links for the day



  8. The European Patent Office Comes up With a Plethora of New Buzzwords by Which to Refer to Software Patents

    The permissive attitude towards software patents in Europe is harmful to software developers in Europe; the officials, who never wrote a computer program in their entire life, pretend this is not the case by adopting marketing techniques and surrogate terms



  9. Patent Maximalists in Europe Keep Mentioning China Even Though It Barely Matters to European Patents

    EPO waves a "white flag" in the face of China even though Chinese patents do not matter much to Europe (except when the goal is to encourage low patent quality, attracting humongous patent trolls)



  10. Team UPC Has Been Reduced to Lies, Lies, and More Lies about the Unified Patent Court Agreement

    With the Unified Patent Court Agreement pretty much dead on arrival (an arrival that is never reached, either) the UPC hopefuls -- those looking to profit from lots of frivolous patent litigation in Europe -- resort to bald-faced lying



  11. Links 17/11/2018: Mesa 18.3 RC3, Total War: WARHAMMER II, GNOME 3.31.2

    Links for the day



  12. Links 16/11/2018: Red Hat Enterprise Linux 8 Beta, Mesa 18.2.5, VirtualBox 6.0 Beta 2

    Links for the day



  13. Berkheimer or No Berkheimer, Software Patents Remain Mostly Unenforceable in the United States and the Supreme Court is Fine With That

    35 U.S.C. § 101, which is based on cases like Alice and Mayo, offers the 'perfect storm' against software patents; it doesn't look like any of that will change any time soon (if ever)



  14. Ignoring and Bashing Courts: Is This the Future of Patent Offices in the West?

    Andrei Iancu, who is trying to water down 35 U.S.C. § 101 while Trump ‘waters down’ SCOTUS (which delivered Alice), isn’t alone; António Campinos, the new President of the EPO, is constantly promoting software patents (which European courts reject, citing the EPC) and even Australia’s litigation ‘industry’ is dissenting against Australian courts that stubbornly reject software patents



  15. Patent Maximalists Are Still Trying to Figure Out How to Stop PTAB or Prevent US Patent Quality From Ever Improving

    Improvements are being made to US patents because of the Patent Trial and Appeal Board (PTAB), which amends/culls/pro-actively rejects (at application phases) bad patents; but the likes of Andrei Iancu cannot stand that because they're patent maximalists, who personally gain from an over-saturation of patents



  16. Links 15/11/2018: Zentyal 6.0, Deepin 15.8, Thunderbird Project Hiring

    Links for the day



  17. A Question of Debt: António Campinos, Lexology, Law Gazette, and Sam Gyimah

    Ineptitude in the media which dominates if not monopolises UPC coverage means that laws detrimental to everyone but patent lawyers are nowadays being pushed even by ministers (not just those whose clandestine vote is used/bought to steal democracy overnight)



  18. Science Minister Sam Gyimah and the EPO Are Eager to Attack Science by Bringing Patent Trolls to Europe/European Union and the United Kingdom

    Team UPC has managed to indoctrinate or hijack key positions, causing those whose job is to promote science to actually promote patent trolls and litigation (suppressing science rather than advancing it)



  19. USF Revisits EPO Abuses, Highlighting an Urgent Need for Action

    “Staff Representation Disciplinary Cases” — a message circulated at the end of last week — reveals the persistence of union-busting agenda and injustice at the EPO



  20. Links 14/11/2018: KDevelop 5.3, Omarine 5.3, Canonical Not for Sale

    Links for the day



  21. Second Day of EPOPIC: Yet More Promotion of Software Patents in Europe in Defiance of Courts, EPC, Parliament and Common Sense

    Using bogus interpretations of the EPC — ones that courts have repeatedly rejected — the EPO continues to grant bogus/fake/bunk patents on abstract ideas, then justifies that practice (when the audience comes from the litigation ‘industry’)



  22. Allegations That António Campinos 'Bought' His Presidency and is Still Paying for it

    Rumours persist that after Battistelli had rigged the election in favour of his compatriot nefarious things related to that were still visible



  23. WIPO Corruption and Coverup Mirror EPO Tactics

    Suppression of staff representatives and whistleblowers carries on at WIPO and the EPO; people who speak out about abuses are themselves being treated like abusers



  24. Links 13/11/2018: HPC Domination (Top 500 All GNU/Linux) and OpenStack News

    Links for the day



  25. The USPTO and EPO Pretend to Care About Patent Quality by Mingling With the Terms “Patent” and “Quality”

    The whole "patent quality" propaganda from EPO and USPTO management continues unabated; they strive to maintain the fiction that quality rather than money is their prime motivator



  26. Yannis Skulikaris Promotes Software Patents at EPOPIC, Defending the Questionable Practice Under António Campinos

    The reckless advocacy for abstract patents on mere algorithms from a new and less familiar face; the EPO is definitely eager to grant software patents and it explains to stakeholders how to do it



  27. The U.S. Chamber of Commerce is Working for Patent Trolls and Patent Maximalists

    The patent trolls' propagandists are joining forces and pushing for a patent system that is hostile to science, technology, and innovation in general (so as to enable a bunch of aggressive law firms to tax everybody)



  28. Team UPC, Fronting for Patent Trolls From the US, is Calling Facts “Resistance”

    The tactics of Team UPC have gotten so tastelessly bad and its motivation so shallow (extortion in Europe) that one begins to wonder why these people are willing to tarnish everything that's left of their reputation



  29. The Federal Circuit Bar Association (FCBA) Will Spread the Berkheimer Lie While Legal Certainty Associated With Patents Remains Low and Few Lawsuits Filed

    New figures regarding patent litigation in the United States (number of lawsuits) show a decrease by about a tenth in just one year; there's still no sign of software patents making any kind of return/rebound in the United States, contrary to lies told by the litigation 'industry' (those who profit from frivolous lawsuits/threats)



  30. Links 12/11/2018: Linux 4.20 RC2, Denuvo DRM Defeated Again

    Links for the day


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