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. Links 25/5/2019: Wine 4.9 Released, FreeBSD 11.3 Beta, Telegram Launches Fift

    Links for the day



  2. Links 24/5/2019: PostgreSQL 12 Beta 1 and Rust 1.35 Released

    Links for the day



  3. EPO Strikes Further Diminish Chances of UPC Ever Materialising (in Any Shape or Form)

    The EPO crumbles under the weight of its own corruption while an increasingly-insane Team UPC pretends all remains normal and a patent trolls-friendly system is ready to take off



  4. EPO Allegedly Becoming Insolvent (Pretext for Cuts), So Staff Gets Punished While Management Takes the Jackpot

    The corporate 'logic' at the EPO follows the "shareholders' value" propaganda line as if the EPO is a private company looking to maximise revenue rather than serve the public



  5. EPO President Still Not Obeying Courts' Rulings

    Federation of International Civil Service Associations (FICSA) sent a message to António Campinos yesterday (the same day SUEPO publicly made a call for strike)



  6. António Campinos Has Run Out of Time and EPO Staff is Going on Strike (Skipping Mere Protests)

    European Patent Office strikes are to resume; as SUEPO recently put it, people have come to accept that EPO leadership has not really changed and none of the underlying issues is being tackled



  7. Links 23/5/2019: Elisa 0.4.0, OpenSUSE Leap 15.1 Released

    Links for the day



  8. Links 22/5/2019: Mesa 19.0.5, Huawei and GNU/Linux, Curl 7.65.0, End of Antergos, Tails 3.14, ownCloud Server 10.2, Firefox 67.0

    Links for the day



  9. Quality of Patents is Going Down the Drain and Courts Have Certainly Noticed

    Uncertainty or lack of confidence in the patent system has reached appalling levels because heads of patent offices are just striving to grant as many patents as possible, irrespective of the underlying law



  10. EUIPO and EPO Abuses Growingly Inseparable

    'Musical chairs' at CEIPI and the EPO/EUIPO (Battistelli, Archambeau, Campinos) as well as joint reports never fail to reveal the extent to which EPO abuses are spreading



  11. Links 21/5/2019: China's GAFAM Exit, DragonFlyBSD 5.4.3

    Links for the day



  12. Links 20/5/2019: Linux 5.2 RC1, LibreOffice 6.3 Alpha, DXVK 1.2.1, Bison 3.4 Released

    Links for the day



  13. South Korea's Government Will Show If Microsoft Loves Linux or Just Attacks It Very Viciously Like It Did in Munich

    Microsoft's hatred of all things GNU/Linux is always put to the test when someone 'dares' use it outside Microsoft's control and cash cows (e.g. Azure and Vista 10/WSL); will Microsoft combat its longstanding urge to corrupt or oust officials with the courage to say "no" to Microsoft?



  14. Links 19/5/2019: KDE Applications 19.04.1 in FlatHub and GNU/Linux Adoption

    Links for the day



  15. The War on Patent Quality

    A look at the EPO's reluctance to admit errors and resistance to the EPC, which is its very founding document



  16. Watchtroll, Composed by Patent Trolls, Calls the American Patent System “Corrupt”

    Another very fine piece from Watchtroll comes from very fine patent trolls who cheer for Donald Trump as if he's the one who tackles corruption rather than spreading it



  17. Unified Patent Court Won't Happen Just Because the Litigation Microcosm Wants It

    Unified Patent Court (UPC) hopefuls are quote-mining and cherry-picking to manufacture the false impression that the UPC is just around the corner when in reality the UPC is pretty much dead (but not buried yet)



  18. Links 17/5/2019: South Korea's GNU/Linux Pivot, Linux 5.1.3

    Links for the day



  19. Q2 Midterm Weather Forecast for EPOnia, Part 4: Happy Birthday to the Kötter Group?

    This year the Kötter Group commemorates the 85th anniversary of its existence. But is it really a cause for celebration or would a less self-congratulatory approach be more fitting? And does it create the risk that a routine tendering exercise at the EPO will turn into Operation Charlie Foxtrot?



  20. Links 16/5/2019: Cockpit 194, VMware Acquires Bitnami, Another Wine Announcement and Krita 4.2.0 Beta

    Links for the day



  21. The EPO's Key Function -- Like the UPC's Vision -- Has Virtually Collapsed

    The EPO no longer issues good patents and staff is extremely unhappy; but the Office tries to create an alternate (false) reality and issues intentionally misleading statements



  22. Stanford's NPE Litigation Database Makes a Nice Addition in the Fight Against Software Patent Trolls

    As the United States of America becomes less trolls- and software patents-friendly (often conflated with plaintiff (un)friendliness) it's important to have accurate data which documents the numbers and motivates better policy; The NPE (troll) Litigation Database is a move towards that and it's free to access/use



  23. Q2 Midterm Weather Forecast for EPOnia, Part 3: “Ein kritikwürdiges Unternehmen”

    A brief account of some further controversies in which the Kötter Group has been involved and its strained relations with German trade unions such as Verdi



  24. EPO Had a Leakage Problem and Privacy of Stakeholders Was Compromised, Affecting at Least 100 Cases

    The confidentiality principle was compromised at the EPO and stakeholders weren't told about it (there was a coverup)



  25. Links 15/5/2019: More Linux Patches and More Known Intel Bugs

    Links for the day



  26. False Hope for Patent Maximalists and Litigation Zealots

    Patent litigation predators in the United States, along with Team UPC in Europe, are trying to manufacture optimistic predictions; a quick and rather shallow critical analysis reveals their lies and distortions



  27. The Race to the Bottom of Patent Quality at the EPO

    The EPO has become more like a rubber-stamper than a patent office — a fact that worries senior staff who witnessed this gradual and troublesome transition (from quality to raw quantity)



  28. Q2 Midterm Weather Forecast for EPOnia, Part 2: Meet the Kötters

    An introduction to the Kötter Group, the private security conglomerate which is lined up for the award of a juicy EUR 30 million contract for the provision of security services at the EPO



  29. Links 14/5/2019: Red Hat Satellite 6.5, NVIDIA 430.14 Linux Driver and New Security Bug (MDS)

    Links for the day



  30. Links 14/5/2019: GNU/Linux in Kerala, DXVK 1.2, KDE Frameworks 5.58.0 Released

    Links for the day


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