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 in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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. Faking 'Progress' to Distract From True Justice or From a Full, Meaningful Reform

    Activism for truly meaningful change doesn't stop at superficialities and cosmetic changes (which merely give a false sense/impression of accomplishment, resulting in inaction); we need to regularly consider how to dismantle injustice, not based on the criteria set by oligarchs-owned media, rallying gullible mobs to appease only big egos



  2. IRC Proceedings: Thursday, September 24, 2020

    IRC logs for Thursday, September 24, 2020



  3. Richard Stallman: New Interview About Privacy (Published This Morning)

    “The last few months have put data protection back in the spotlight. During a crisis of this kind, do we have to choose between safety and privacy? We talked about this with Richard Stallman, digital privacy activist and the founder of the Free Software Movement,” RT says



  4. Links 25/9/2020: PostgreSQL 13, DragonFly 5.8.2 and Python 3.8.6

    Links for the day



  5. Code of Ethics Versus Code of Conduct in Action

    Reprinted from Daniel Pocock's Web site



  6. Linux Foundation: “Transformation Through Open Source” is Proprietary Software That Rejects Linux

    The Linux Foundation, run by proprietary software companies that don’t really care about Linux, is still a lot more about openwashing (perception management techniques) than about “Open Source” or even Linux (which most of the Foundation rejects)



  7. Links 24/9/2020: KaOS 2020.09, Arch Conf 2020 Coming, IBM Z Day 2020 Ends

    Links for the day



  8. At ZDNet, in 2020, “Linux” Means Microsoft and Windows

    The incredible charade of ZDNet carries on; the site whose parent company went bust last December isn’t even trying to hide its true agenda



  9. Red Hat is Spamming People in Order to Promote Its Sites and Its Products, Subscribing People to Mass-Marketing Lists Without the Recipients' Consent

    "Engagements" from Red Hat; have the IBM-led marketing people gone overboard, subscribing lots of people to marketing spam without bothering to ask for consent?



  10. “If I'm the Father of Open Source, It Was Done by Artificial Insemination With Stolen Sperm”

    The father of the Free software movement, Richard Stallman, is being wrongly compared to some patron of an “open source” ‘movement’ (an early effort to cancel Stallman and the FSF), which is basically a hostile corporations-led ploy these days



  11. IRC Proceedings: Wednesday, September 23, 2020

    IRC logs for Wednesday, September 23, 2020



  12. The Second Wave (of Free/Libre Software)

    Despite some major setbacks and new threats to digital freedom (autonomy is perhaps a more suitable term), progress is being made and activism must adapt to tackle newer trends



  13. Exploring the Relationship Between Red Hat and Microsoft: They're Barely Even Rivals Anymore

    The ‘older Microsoft’ (serial monopolist IBM) bought Red Hat, but evidence shows that one would be wrong to assume Red Hat really competes against Microsoft (any more than Novell did; there’s a strong relationship)



  14. Microsoft Lost More Than 15 Million Web Domains in One Month!

    Microsoft's presence on the Web is being reduced to ridiculously low levels; sooner or later Microsoft will turn from 'king' of parked (unused) domains to master of nothing



  15. Links 23/9/2020: Lenovo's Deeper GNU/Linux Dive and Tor Browser 10/Tails 4.10

    Links for the day



  16. IRC Proceedings: Tuesday, September 22, 2020

    IRC logs for Tuesday, September 22, 2020



  17. The Latest Greenwashing Campaign by the EPO is Just 'Chinese Propaganda'

    When the EPO speaks of “innovation” and “clean energy transition” it means nothing but patents on batteries, in effect monopolies being granted in Europe (to a lot of Asian — not European — companies)



  18. Links 23/9/2020: Librem 14 Shipping in December, Linux Journal Returns, Istio 1.6.10 Released, Release Candidate 3 of LLVM 11.0

    Links for the day



  19. Welcome Back, Linux Journal!

    Linux Journal is coming back under the ownership/umbrella of Slashdot folks, who are sadly preoccupied and obsessed with Microsoft talking points and PR campaigns



  20. What the Efforts to Remove Dr. Stallman Reveal About the Agenda of Large Corporations (Looking to Absorb the Competition, Remove Freedom, Spread Proprietary Software in 'Open' Clothing)

    Richard Stallman's (RMS) positions and foresight are usually correct; at the moment we're losing access to key people whose leadership positions are essential for the independence of cornerstone projects



  21. Links 22/9/2020: Tails 4.11, Linux Lite 5.2 RC1

    Links for the day



  22. Minimalism for Maximisation of Productivity and Clutter Mitigation

    Unfortunately, GNU/Linux (especially the latter, Linux) embraces bloat and anti-features in pursuit of sales (appeasing large corporations, not users’ needs), reducing the modularity, reliability and productivity of computer systems in the name of helping “dumb” users (they keep telling us people are very dumb and those who disagree are “elitist” and “extremist” or even “neckbeards” — in effect insulting every person out there)



  23. IRC Proceedings: Monday, September 21, 2020

    IRC logs for Monday, September 21, 2020



  24. Post-Coronavirus Linux.com Became Nothing But a SPAM Site

    As per the Linux Foundation‘s very own brochure, scripted and fake ‘interviews’ are to be produced and then edited/negotiated (before publication) with the sponsor… in Linux.com as the platform. This is corruption (or marketing, one might call them de facto ads presented as fake ‘articles’).



  25. Erosion of Free Speech and Tolerance of Opposing Viewpoints in Free Software Communities

    The concept of free speech is being reinvented by oversensitive people who nowadays expand the list of exclusions/exemptions (from scope of 'permissible' speech) to politics and criticism of large and highly abusive corporations



  26. Links 21/9/2020: PlasmaShell With Vulkan, Plasma Beta Review Day, OpenMediaVault 5.5.11

    Links for the day



  27. Guest Post: The Worrying State of Political Judgement in Free Software Communities

    A look at what Mozilla has become and what that teaches us about the Web and about software



  28. Links 21/9/2020: KTechLab 0.50.0, Linux 5.9 RC6

    Links for the day



  29. IRC Proceedings: Sunday, September 20, 2020

    IRC logs for Sunday, September 20, 2020



  30. Git is Free Software, GitHub is Proprietary Trap

    More and more people all around the world understand that putting their fruit of labour in Microsoft's proprietary (but 'free') prison is misguided; the only vault they have is for human beings, not code


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