Bonum Certa Men Certa

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

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.

Recent Techrights' Posts

IBM: The B Turns From "Business" to "Bailouts" to "Buybacks" ("IBM is the Next Intel")
Trying to shore up the falling share price/stocks while veteran workers and Vice President (with high salaries) are cut off
 
SLAPP Censorship - Part 93 Out of 200: A Blueprint of Reckless Lawfare in the UK, Waged and Funded by Americans (in Another Continent)
Lawfare powered by slop companies (including Microsoft) from America, targetting British people who consistently oppose slop because it's objectively terrible
Links 31/05/2026: Watershed Moment, Traveller RPG Book Binding, and GUI Annoyances
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 30, 2026
IRC logs for Saturday, May 30, 2026
IBM CEO Can Become a Billionaire by Laying Off Tens of Thousands of Workers (or Buying Companies Using Borrowed Money, Only to Lay off Thousands in Them)
Like he did Confluent recently
Reminder That Linuxiac is a Slopfarm or Hybrid of Bobby and His LLMs
LLM fetishist that claims to cover Linux
BetaNews is Still Publishing Fake Articles, Sometimes Fake News, or LLM Slop Disguised as 'Journalism'
Slop isn't yet a thing of the past, but hopefully we'll get close to that by the end of this year
Gemini Links 30/05/2026: Writer's Block, Evil GAFAM (Google), and Scepticism of Slop
Links for the day
Links 30/05/2026: Fairphone 6, China’s Rise in Drug Development, Slop Wastes Money Without Delivering Value
Links for the day
Links 30/05/2026: Alarm Over Large Companies Cancelling Slop Contracts, Ozzy Osbourne Resurrection as Slop Draws Ire
Links for the day
Red Hat Exodus or RAs (or PIPs) in 2026 Not Limited to China, IBM is Doing Well at Hiding Layoffs
All we need to know is, does IBM hand out lots of PIPs?
SLAPP Censorship - Part 92 Out of 200: A Spouse Cannot be Turned "On" and "Off" Like a Faucet
Today's part will be very short because we keep the parts shorter in weekends and summer is officially around the corner (June on Monday)
The Register MS Has Just Published Fake Article That Mentions "AI" 23 Times. "Sponsored by Arm." It Does This Every Day.
A lot of the time we see this term everywhere in "the news" simply because slop pushers are paying for it
SQLite Under DDoS Attack by Slop Reports or Fake 'Bugs' (Just Like cURL and Many Other Projects)
Even Linus Torvalds is starting to talk about this
Links 30/05/2026: More GAFAM (Amazon) Mass Layoffs, Peter Schiff Warns of Trillion-Dollar Slop Bubble Waiting to Implode
Links for the day
Slop is Plagiarism
Trillions of dollars down the drain, invested in a dud
Gemini Links 30/05/2026: Rehabilitation and Taming Emacs Cache and Temporary Files
Links for the day
Richard Stallman (RMS) Talks and Secure Transmission of Private Communications in Formats Everybody Can Access With Free Software
Maybe the FSF should step up a bit the campaign to use Free software to communicate with one another
General Consultative Committee (GCC) Discusses Working Conditions of Employees of the European Patent Office (EPO)
On the agenda: Salary Erosion Procedure, Breastfeeding Policy, New Amicale Framework, Public Holidays 2027
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 29, 2026
IRC logs for Friday, May 29, 2026
It's Friday Night Again, So Microsoft is Again Shelving (Under Weekend Lull) Nightmare News for XBox Staff
It did the same thing when the chiefs of XBox got canned
Links 29/05/2026: "Spyware Economy" and Cuba's Energy Crisis
Links for the day
Gemini Links 29/05/2026: Rap Rant and LLMs Criticised
Links for the day
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026