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

10.26.18

On PTAB, Andrei Iancu is to the Patent Litigation Giants What Ajit Pai is to Big Telecom (Former Employers)

Posted in America, Patents at 3:45 am by Dr. Roy Schestowitz

The USPTO suffers the same syndrome as the FCC

Trump and Iancu

Summary: Iancu moves to the next phase of the entryism-esque ‘operation’; he further denies access to PTAB for the purpose of scrutinising wrongly-granted US patents (after fee hikes and other barriers failed to slow PTAB down) whilst also complaining about 35 U.S.C. § 101, which is not a problem at all and is widely supported by technology firms large and small

THE picture is becoming clearer (conflict of interest) and harder to ignore; the USPTO is getting its own Battistelli, the corrupt President of the EPO. Patent quality is seen as a nuisance, not an aspiration, for the ultimate measure of “success” is number of patents or patent lawsuits.

Battistelli attacked judges in the appeal boards, whereas Iancu belittles or bemoans the Patent Trial and Appeal Board (PTAB), trying to water down/weaken inter partes reviews (IPRs) in direct defiance of the US Supreme Court. He’s supported by other Trump appointments like Justice Gorsuch. Today’s U.S. Patent and Trademark Office (USPTO) is also hostile towards 35 U.S.C. § 101, no matter if courts express no complaints/issues associated with it. Further limitations on IPRs are nowadays being attempted against entities like RPX and by extension Unified Patents. It’s about disenfranchising challengers (oppositions/appeals to bogus patents).

We advise new readers to read older posts of ours for background. PTAB is under attack by dirty tactics and a self-serving industry that strives to ‘create’ nothing but more lawsuits. One site of this industry notes this week:

The court’s ruling creates real challenges to the business model of defensive patent groups such as RPX. I expect that RPX will now petition for Supreme Court review and could become a companion case of the company’s already pending petition on the issue of when such a group has standing to appeal an adverse PTAB decision. RPX Corporation v. ChanBond LLC.

In its unsuccessful rehearing petition, RPX argued that the panel improperly expanded the meaning of real-party-in-interest because of its desire to protect patent holders against defensive patent groups.

They try to send it all the way up to the Supreme Court — to merely reaffirm the legitimacy of what entities like Unified Patents have been doing for years (squashing bogus patents using PTAB). The above from Dennis Crouch is complemented by another post about what happens when tribe lawyers resort to evil and greed, trying to deny access to justice by pretending patents of some large corporations are actually ‘tribal assets’. No matter the amount of negative publicity, the Saint Regis Mohawk Tribe still participates in a scam by which to shield bogus patents and help the pharmaceutical cartel overcharge people; we wrote about it approximately a dozen times before, even recently [1, 2]. Here’s the latest on this:

The Federal Circuit has denied the Mohawk Tribe’s petition for en banc rehearing on the issue of whether sovereign immunity may be asserted in inter partes review (IPR) proceedings. Although the case focused on immunity of federally recognized Indian tribes, the Federal Circuit decision is broadly written to also include patents owned by individual states. [Fed.Cir.St.Regis.Decision] A parallel case involving Minnesota is pending before the Federal Circuit. Regents of the Univ. of Minn. v. LSI Corp. Appeal No. 18-1559. Of course, the states and tribes do not receive a lot of sympathy from private patent holders whose patents are subject to IPRs.

[...]

The Scheme: Any post about this case is not complete without a discussion of how the tribe came to own these Allergan patents at issue here. Basically, Allergan is paying the tribe to own these Restasis patents for the sole purpose of taking advantage of the Sovereign Immunity benefits. This involved a reverse-payment: Allergan paid St. Regis to take ownership of patents and is paying an annual royalty for their continued participation in the scheme.

So basically what we deal with here are a bunch of scammers and frauds. They even send me threats to my door, citing copyright law as an excuse by which to intimidate me (classic SLAPP).

Who does Iancu sidle with? Scammers and frauds, obviously. He didn’t get picked up by Trump for nothing. He fits a pattern and it makes the Office hopeless. Corrupt people tend to surround themselves by similarly-minded people because it makes them easier to control (the Mafia mentality of kinship and business partners).

Today’s Office Director — like Watchtroll — is pushing a false, misleading narrative, e.g. finding exceptions by which to discredit or distort PTAB’s record on accuracy. It last happened just two days ago. Iancu, who is close to Watchtroll, likes that because he too is in the litigation lobby. It sometimes seems like he’s more like a ‘mole’ propped up by Trump on behalf of business interests. He had long been a proponent of patents on software (before he got the job) and nowadays Iancu keep pushing Section 101 mythology (overstating the supposed ‘problem’). As Dennis Crouch points out, Chad Gilles has just written about the limited impact of what the patent microcosm characterises as “sky is falling” scenario (because they dislike the law).

Regarding PTAB, the chief judge moved (or was moved) some months ago, whereupon the patent microcosm leaped to replace him with another 'mole' like Iancu. David Ruschke (the chief judge) is a scientist, i.e. something that the Trump administration does not quite tolerate.

Iancu now moves to the next stage. ““I believe that the current amendment process in AIA proceedings is not working as intended,” said Andrei Iancu, announcing a new procedure at the AIPLA Annual Meeting,” according to this report from Michael Loney in Toronto. “USPTO director Andrei Iancu made news at the AIPLA Annual Meeting yesterday, announcing a new claim amendment procedure at the Patent Trial and Appeal Board,” he wrote.

Then came Dennis Crouch with a transcript:

In remarks today, USPTO Director Iancu has proposed the PTAB’s next step in reforming AIA Trials — giving the patent owner a six-week window following an institution decision to file a motion to amend. See below.

[...]

This is a new day for the USPTO and our Patent Trial and Appeals Board (PTAB). For we are now increasing balance, consistency and transparency, especially in post grant proceedings. And in doing so, we are increasing confidence in these important proceedings.

Since Congress passed the America Invents Act (AIA) in 2011, we have received more than 9,000 petitions and issued over 2,000 final written decisions. So, we now have broad experience in understanding the true benefits and true challenges of these proceedings.

Opinions on how post-grant proceedings have been conducted to date diverge widely. Some vigorously dislike them, arguing that they are unfair and tilt too much in favor of the petitioner. Indeed, some would like to see the system abolished entirely. Others love the system, believing it’s the best tool we have to correct errors, eliminate “bad patents,” and improve patent quality. In fact, some would like to see IPRs expanded to consider even more issues.

So Iancu is trying to weaken PTAB and allow ways around it to defend bogus patents. He has already done several things to that effect and he won’t stop until appeals decline in number — the same thing Battistelli did to the appeal boards at the EPO.

Trump appointments have put corruption on steroids and this is one example that mainstream media rarely and perhaps never speaks about. When Trump puts a lawyer who promotes the litigation ‘industry’ in charge of examination and a tribunal (PTAB) it’s bound to end badly and Watchtroll seems happy, having just published “USPTO Director Iancu tells AIPLA annual meeting: ‘It is a new day at the PTAB’” (this is coming from the most radical patent blog out there).

Well, it’s hard not to feel like it’s somewhat of a coup by the likes of Watchtroll, who bullied Michelle Lee out of her job after Trump had been elected and wanted radical — sometimes corrupt people — in charge of the Office, bypassing the courts.

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. Video: LinuxWorld 1999, Torvalds and Stallman

    LinuxWorld 1999, Torvalds and Stallman



  2. GNU World Order is a Personal Sacrifice, LinuxWorld Just Business

    As the Linux Foundation shows, Linux is just business (and proprietary software) as usual, software patents included, whereas it’s GNU that continues the Free Software Movement’s battles



  3. Links 20/2/2020: Oracle Solaris 11.4 SRU18, Mesa 20, VirtualBox 6.1.4

    Links for the day



  4. Open Source Did Not Win, It Was Assimilated to and by Proprietary Software

    Don’t fall for the whole “Open Source has won!” spiel; You know we’ve lost the battle (and were in effect gradually conquered) at OSI and elsewhere when those who speak for the OSI are Michael Cheng (Facebook), Max Sills (Google), and Chris Aniszczyk (Linux Foundation); they say “Open Source Under Attack” (FOSDEM talk) but their employers are the ones attacking and they downplay openwashing



  5. Former Microsoft Employees Don't Like Talking About Past and Present Microsoft Back Doors (Designed for Spy Agencies)

    In a typical Microsoftian fashion, once they cannot defend the illusion/delusion that Microsoft values security the 'Softers' run away and block any further debate



  6. Techrights Warns Against Impending Extradition Efforts (Passage of Julian Assange to His Death in the United States)

    Imprisonment of journalists who are effective at exposing crimes (of the powerful, not petty crimes) must never be condoned



  7. Team UPC: Many Mouths and No Ears

    The mental condition of Team UPC gets more worrisome by the week



  8. Team UPC Insults Judges Because the UPC is Dead and UPC Lobbyists Have Nothing Left to Lose

    More judge-shaming tactics are in the mix; Team UPC seems to feel like there's nothing left to lose as the UPC is already dead (hope itself is next to die)



  9. IRC Proceedings: Wednesday, February 19, 2020

    IRC logs for Wednesday, February 19, 2020



  10. China Bashing is Grounded in Fear (That They Can Simply Do Better Than the West)

    The atmosphere of hate towards China — fuelled partly by a white supremacist in the White House — is unhelpful and insulting; dignity and understanding is the way to go



  11. IRC Proceedings: Tuesday, February 18, 2020

    IRC logs for Tuesday, February 18, 2020



  12. FFII Press Release: Germany Can No Longer Ratify the Unitary Patent Due to Brexit and the Established AETR Case-law, says FFII

    Germany cannot ratify the current Unitary Patent due to Brexit and the established AETR case-law. The ratification of the UPC (Unified Patent Court) by Germany would constitute a violation of the AETR case-law, which was used during the EPLA negotiations in 2006 to consider a deal with non-EU countries, such as Switzerland.



  13. DRM (Proprietary Software) Already Makes Mozilla Firefox Broken, Unreliable, Undependable (Dependent on Binary Blobs)

    More people are beginning to realise that Mozilla resorted to self-harming DRM and self-inflicted damage that impacts Firefox; can Mozilla (re)join the anti-DRM coalitions?



  14. EPO and Other Patent Updates Over RSS

    Site syndication (over RSS feeds or XML/Atom) is vastly better than what became popular in recent years (censored, centralised, discriminatory "Social Control Media"); here are some feeds of interest



  15. When It Comes to a Unitary Patent System, Bad (or Intentionally Dishonest) Legal Advice Has Become the Norm

    The Unified Patent Court and Unitary Patent (UPC and UP, respectively) reinforce the old saying about lawyers being liars, doing anything to attract clients (to take their money); the UPC is basically dead, but fiction, falsehoods and outrageous fantasies still find their way into Web sites of law firms



  16. Links 19/2/2020: KDE Plasma 5.18.1, GNOME 3.36 Beta 2 and WordPress 5.4 Beta 2

    Links for the day



  17. Is Linux Foundation a Microsoft Branch Now?

    The so-called ‘Linux’ Foundation (LF) nowadays helps Microsoft cement its monopoly — the very opposite of what ages ago it said the LF would do



  18. Are Songs Property? And Maths Also Property? Artificial Monopolies Are Not Property...

    Patent maximalists continue to face stronger arguments from their sceptics, who rightly allege that words are being intentionally misused and numbers fabricated so as to distort underlying facts



  19. Battistelli Blocked Techrights at EPO (Banned for More Than 5 Years), So CEIPI Won't Respect Access to Information Either

    The use of censorship to confront people who talk about (not even expose) corruption isn't novel; but the adoption of this approach in Europe (not just places like Russia and China) is definitely noteworthy



  20. IRC Proceedings: Monday, February 17, 2020

    IRC logs for Monday, February 17, 2020



  21. Links 18/2/2020: Linux 5.6 RC2, Wine 5.2, GNU Social Contract and Sparky 2020.02 Special Editions

    Links for the day



  22. IRC Proceedings: Sunday, February 16, 2020

    IRC logs for Sunday, February 16, 2020



  23. Links 16/2/2020: MX Linux 19.1 and MyPaint 2.0

    Links for the day



  24. IRC Proceedings: Saturday, February 15, 2020

    IRC logs for Saturday, February 15, 2020



  25. Guest Article: Au Revoir, GNU/Linux

    "Funny how OSI just ended up being another vehicle for their takeover of the computing world..."



  26. Former Microsoft Employee: ZDNet is Owned by Microsoft (and Others) in Some Senses

    A noteworthy message we've received from someone who knows Microsoft from the inside



  27. Links 15/2/2020: Blender 2.82, Qt 5.15 Alpha and NetBSD 9.0 Released

    Links for the day



  28. Microsoft Views 'Open Source' as a Zero-Cost Heist Opportunity (Making Proprietary Software/Spyware Using Other People's Free Labour)

    Making GPL-licensed (copyleft) software and hosting it outside Microsoft’s jaws is the best way to counter the abusive monopolist, which still says it “loves” what it is actually attacking



  29. Did Microsoft 'Buy' ZDNet?

    A look at what ZDNet tells its readers (screenshot from this morning) and a rare look at how its writers are censored/suppressed



  30. Anatomy of a Crime and Protection From Prosecution

    It’s hard to forget what António Campinos hides for his friend


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