Bonum Certa Men Certa

Andrei Iancu and Laura Peter Are Two Proponents of Patent Trolls at the Top of the USPTO

And the EPO isn't much better at the top (banker as President)

IP Watch and António Campinos



Summary: Patent offices do not seem to care about the law, about the courts, about judges and so on; all they care about is money (and litigation costs) and that's a very major problem

THE previous post noted that patent lawsuits had significantly decreased in number because the confidence associated with USPTO-granted patents (certainty of validity) just isn't there anymore. Many lawsuits go astray.



The litigation 'industry' fights back with misinformation and 'moles' (entryism). Sure it can't change the courts/judges, but it certainly can lie to the public and to firms, encouraging them to file more patent lawsuits (even frivolous ones are profitable to lawyers). The other day we saw the headline "Experts Assess Coming Changes In US Courts And Patentability" (it's mostly behind a paywall) -- a rather mystifying claim that appeared on Friday. "Experts" in this context means patent/litigation 'industry' insiders; they express what they want to happen, not what is actually happening. We're very disappointed to see IP Watch going along with this although not so surprised anymore; they stopped covering European Patent Office (EPO) scandals and their chief takes selfies with António Campinos (see above), who persists with union-busting and software patents in Europe. Hours ago Michael Loney from Managing IP (patent maximalists) referred to aggressors, trolls and thugs as "patent monetisation market", citing the notorious IP Dealmakers Forum, an event of predators and trolls (even led by them). This is what Loney wrote about the think tank that's just next door to him:

The average price of a US patent is down 30% to $176,000 this year. The reason this may not be bad and what is driving “realistic optimism” among patent monetisers were some of the takeaways from the IP Dealmakers Forum

The mood among attendees and speakers at the IP Dealmakers Forum in New York on November 7 and 8 was a marked contrast to the downbeat tone in recent years.


Maybe they've noticed who's being put in charge of the USPTO; but that doesn't change what courts/judges are saying. For those who missed it, the USPTO has just chosen a Deputy Director who used to work for (arguably) a patent troll. As Benjamin Henrion put it: "USTPO is now filled with patent trolls in the top level position, Laura Peter, here an article from 2007 http://actonline.org/2007/02/22/immersion-corp-gives-small-biz-innovators-a-bad-name/ …"

He cites a Microsoft AstroTurfing group, which does not like this troll, having already (almost 12 years ago!) specifically named Laura Peter:

On February 20, the Wall Street Journal decided to publish an Op-Ed by the Patent Counsel for Immersion Corporation – a tech and patent shop which most famously owns the patent on the "force feedback" technology we all turn off on our gaming consoles. And while I am sure Ms. Peter and I would agree on the importance of IP, our mutual affection for patents, and the passion that only a good licensing deal can bring, she does an enormous disservice by equating patent trolls to technology creators. In a ham-handed attempt to attack the patent system reforms currently under consideration in Congress she suggests that "small business" will be harmed by the myriad of suggested reforms, and we should look more kindly upon the creatures dwelling under the bridge.


Laura Peter will of course be praised by the patent trolls' lobby, which views her as a potential ally if not 'mole'. Here we have Watchtroll reposting press releases from the USPTO again. This promotional piece makes it clear that corrupt Wilbur Ross is once again responsible for the pick:

Secretary of Commerce Wilbur Ross today announced the appointment of Laura Peter as deputy under secretary of commerce for intellectual property and deputy director of the United States Patent and Trademark Office (USPTO), effective November 13, 2018. Ms. Peter most recently held the position of deputy general counsel of A10 Networks in Silicon Valley and provided counsel on worldwide legal matters, including commercial transactions, intellectual property (IP), licenses, litigation, and regulatory compliance.

“Laura Peter brings a breadth of experience and a deep understanding of intellectual property issues to her new role as deputy director of the USPTO,” said Secretary Ross. “She will be an asset to our administration as we look to increase reliability and balance in the intellectual property system, as well as provide more predictability so that businesses can grow and invest with confidence.”

Ms. Peter has practiced IP law for over 20 years. Among other positions, she was previously vice president and general counsel of Immersion Corporation, where she led all aspects of the company’s legal issues, including its IP portfolio. She was also assistant general counsel and director of intellectual property at Foundry Networks, where she built their patent portfolio and led successful patent actions against large competitors. She began her career as a commercial and intellectual property litigator at Townsend, Townsend and Crew (now Kilpatrick Townsend & Stockton LLP).

“I am thrilled that Laura Peter will join the USPTO as deputy director,” said Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Andrei Iancu. “Her thoughtfulness, business sense, and keen understanding of the important role intellectual property plays in today’s economy will be extremely valuable to the USPTO and the IP community.”

“I am honored to be chosen as USPTO deputy director at a time when intellectual property matters are at the forefront of national and international affairs,” said Peter. “I look forward to working with Director Iancu and the nearly 13,000 employees of the USPTO to protect and improve our IP system, which is a crown jewel in the American economy.”

Ms. Peter holds a bachelor’s degree in industrial engineering from Cornell University and a master’s in public policy from the University of Chicago. She is a graduate of Santa Clara University School of Law and received a Master of Laws from King’s College London.


So there is now a Director and a deputy who are both proponents of patent trolls. Great.

Iancu denies that patent trolls exist or that they're a problem.

"Sorry, Director Iancu," says this new article from yesterday "trolls are real." Iancu is being somewhat of a troll by belittling the problem of trolls. The following article was composed by "Kenneth R. Carter [who] is the general counsel to Bitmovin, Inc., a multimedia technology company that provides services that transcode digital video and audio to streaming formats using cloud computing and streaming media players."

That's software -- a domain in which trolls prey on just about everyone, especially small companies that cannot afford a long legal battle (or are reluctant to contest the claims because settlement is cheaper).

To quote:

I live in an enchanted and magical land of rainbows and unicorns called "Silicon Valley." In addition to unicorns, Silicon Valley is also inhabited by trolls, who emerge from under their bridges to threaten the denizens of the valley with lawsuits based on dubious patents.

I was shocked to read that Andrei Iancu, director of the United States Patent and Trademark Office (USPTO) gave a recent speech where he complained that people who call non-practicing entities (NPE) patent trolls are “storytellers" who are "scaring our inventors and our entrepreneurs ...”. Given how far this is from reality, I could not imagine what kind of fantasyland Director Iancu lives in.

Patent trolls exist in Silicon Valley and are a very real threat to innovators. I should know. I have fought off two patent trolls, most recently this past summer as the general counsel of Bitmovin.

[...]

These three protections have helped companies like mine and Congress, and the USPTO shouldn’t allow them to be weakened. Sorry, Director Iancu, trolls are real. They don’t just exist in fairy tales, and the real ones are a threat to innovators. And that’s not crying “wolf.”


So, in summary, the litigation 'industry' may be happy that a couple of unqualified nobodies whose sole accomplishment is suing companies now run the Office. Courts and judges, however, equipped with 35 U.S.C. €§ 101 (or Alice/SCOTUS in case Iancu waters down €§ 101), will just further lower the certainty associated with US patents. We are pretty certain that the Federal Circuit will persist, even if Iancu keeps vandalising the Patent Trial and Appeal Board (PTAB), e.g. by discouraging or pricing out of reach inter partes reviews (IPRs).

What we see in the US right now is a bunch of villainous lawyers, who used to work for Donald Trump, declaring a war on law, on justice, on courts and on judges. This won't end well. There's an "innovation wave" coming.

Recent Techrights' Posts

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
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
 
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
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
[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
Links 28/05/2026: Pakistan and Afghanistan Are Still Fighting, Iranians Back Online
Links for the day
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026