11.19.18

Gemini version available ♊︎

All the Usual Suspects Are Still Working Hard to Harm the Legitimacy if Not Existence of Patent Quality Control

Posted in America, Deception, Patents at 1:13 am by Dr. Roy Schestowitz

Low-quality, dubious and illegitimate patents are being used by them to extract money from productive companies

David Ruschke

Summary: With David Ruschke (above) out of his role and other former judges leaving the Office one wonders if the new Office leadership is just scheming to hide a decline in patent quality by simply removing quality assessors

THE Patent Trial and Appeal Board (PTAB) deals with thousands of inter partes reviews (IPRs) which invalidate thousands of software patents, typically with the Federal Circuit affirming (or declining to deal with appeals). The European Patent Office (EPO) has a similar mechanism and it came under many attacks in recent years. Those who dislike PTAB generally dislike patent quality. It’s as simple as this.

“PTAB would not be necessary had the U.S. Patent and Trademark Office (USPTO) stopped granting fake patents on algorithms and other dubious patents.”Days ago we noticed that Michael Rosen continues to bash PTAB for the greedy sponsors of the American Enterprise Institute. We have bo idea why Google News syndicates as ‘news’ this propaganda of patent trolls-affiliated think tanks. It’s connected loosely to Koch-funded think tanks and scholars, who also meddled in Oil States, hoping to influence the outcome at SCOTUS, potentially ending IPRs.

PTAB would not be necessary had the U.S. Patent and Trademark Office (USPTO) stopped granting fake patents on algorithms and other dubious patents.

Unified Patents has just stopped another patent troll in its tracks, owing to PTAB as usual. In its own words:

On November 13, 2018, the Patent Trial and Appeal Board (PTAB) issued a final written decision in Unified Patents Inc. v. Plectrum, LLC, IPR2017-01430 holding claims 8 and 11 of U.S. Patent 5,978,951 unpatentable. The patent is owned and asserted by Plectrum, LLC, a new NPE [troll] formed after acquiring several patents formerly owned by Hewlett Packard.

No doubt we’ll keep seeing new attempts to discredit if not destroy PTAB. The Federal Circuit Bar Association (FCBA), patent maximalists [1, 2] who have nothing to do with the Federal Circuit itself, are advertising webcasts [1, 2]. Trying to work around PTAB challenges is their goal; the same is done by law firms directly, e.g. this other newly-advertised upcoming ‘webinar’ about PTAB (there are others). Patent Docs keeps pushing these every weekend. We already explained how politicians, lobbyists etc. are pitted against PTAB and if one check who pays them, then the motivations become pretty clear.

“The future of PTAB may sadly depend on lobbyists, i.e. bribes. There’s a powerful lobby doing anything it can to scuttle PTAB, but there’s a reactionary lobby from technology companies (CCIA, HTIA and so on).”Robert Schaffer, Joseph Robinson and Dustin Weeks recently wrote about PTAB, not adding anything particularly new about the recently-alluded-to Arista PTAB IPRs (ITC arrogantly ignores these).

Gene Quinn, joining the above trio, also published a little note about an exceptional “mixed decision”. To quote: “When determining if a reference was a printed publication mere indexing is insufficient – you must prove that the indexing was “meaningful” enough to provide access to the public. Also, when challenging substitute claims during an IPR, the Petitioner must provide claim construction if it is important to their invalidity argument; otherwise, it is not error for the Board to focus on the ordinary meaning of the substitute claim language.”

So again they just try to work around the challenges, knowing that IPRs are typically successful and PTAB typically squashes patents it looks into (based on reasonable evidence). The future of PTAB may sadly depend on lobbyists, i.e. bribes. There’s a powerful lobby doing anything it can to scuttle PTAB, but there’s a reactionary lobby from technology companies (CCIA, HTIA and so on).

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 25/03/2023: Decade of Docker, Azure Broken Again

    Links for the day



  2. [Meme] Money Deducted in Payslips, But Nothing in Pensions

    Sirius ‘Open Source’ has stolen money from staff (in secret)



  3. IRC Proceedings: Friday, March 24, 2023

    IRC Proceedings: Friday, March 24, 2023



  4. The Corporate Media is Not Reporting Large-Scale Microsoft Layoffs (Too Busy With Chaffbot Puff Pieces), Leaks Required to Prove That More Layoffs Are Happening

    Just as we noted days ago, there are yet more Microsoft layoffs, but the mainstream media gets bribed to go “gaga” over vapourware and chaffbots (making chaff like “Bill Gates Says” pieces) instead of reporting actual news about Microsoft



  5. Sirius 'Open Source' Pensiongate: Time to Issue a Warrant of Arrest and Extradite the Fake 'Founder' of Sirius

    Sirius ‘Open Source’ is collapsing, but that does not mean that it can dodge accountability for crimes (e.g. money that it silently stole from its staff since at least 12 years ago)



  6. Links 24/03/2023: Microsoft's Fall on the Web and Many New Videos

    Links for the day



  7. IRC Proceedings: Thursday, March 23, 2023

    IRC logs for Thursday, March 23, 2023



  8. Links 24/03/2023: Social Control Media Bans Advancing

    Links for the day



  9. Links 24/03/2023: GNU Grep 3.10 and Microsoft Accenture in a Freefall

    Links for the day



  10. Links 23/03/2023: RSS Guard 4.3.3 and OpenBSD Webzine

    Links for the day



  11. Experiencing 15 Years of LibrePlanet Celebration Firsthand as a Volunteer: 2023 - Charting the Course

    Article by Marcia K Wilbur



  12. [Meme] Grabinski the Opportunity

    Reports of European Patents being invalidated (judges do not tolerate fake patents) have become so common that a kangaroo court becomes a matter of urgency for the EPO‘s Benoît Battistelli and António Campinos; will the EU and the EPO’s Administrative Council go along with it, helping to cover up more than a decade of profound corruption?



  13. Union Syndicale Fédérale Cautions the EPO's Administrative Council About Initiating an Illegal Kangaroo Court System for Patents (UPC) While EPO Breaks Laws and Sponsors the Ukraine Invasion

    Union Syndicale Fédérale (USF) is once again speaking out in support of the staff union of Europe's second-largest institution, which lacks oversight and governance because of profound corruption and regulatory capture



  14. Investigation Underway: Sirius 'Open Source' Embezzled/Stole Money, Robbed Its Own Staff

    In light of new developments and some progress in an investigation of Sirius ‘Open Source’ (for fraud!) we take stock of where things stand



  15. [Meme] Sirius 'Open Source' Pensions: Schemes or Scams? Giving a Bad Name to Open Source...

    What Sirius ‘Open Source’ did to its staff is rightly treated as a criminal matter; we know who the perpetrators are



  16. Sirius 'Open Source' Under Investigation for Pension Fraud, Several Pension Providers Examine the Facts

    2 pension providers are looking into Sirius ‘Open Source’, a company that defrauded its own staff; stay tuned as there’s lots more to come. Is this good representation for “Open Source”? From a company that had many high-profile clients in the public sector?



  17. Links 23/03/2023: Sparky 2023.03 Special Editions and SUSE Changes CEO (Dirk-Peter van Leeuwen)

    Links for the day



  18. Links 23/03/2023: Linux 6.2.8 and XWayland 23.1.0

    Links for the day



  19. IRC Proceedings: Wednesday, March 22, 2023

    IRC logs for Wednesday, March 22, 2023



  20. Apple 'Porn' Filter

    Guest post by Ryan Farmer: Apple and US State Governments Developing System to Require People to Report Themselves for Watching Porn.



  21. 3.5 Years Later Gemini Protocol and Geminispace Are Still 100% Community-Controlled

    Community-centric alternatives to the World Wide Web have gained traction; one of them, Gemini Protocol, continues to grow in 2023 and we're pleased to report progress and expansion



  22. Windows Falls to 16% Market Share in India (It was 97% in 2009), Microsoft Layoffs Reach India Too

    This month’s picture from the world’s most populous nation does not look good for Microsoft (it looks good for GNU/Linux); anonymous rumour mills online say that Microsoft isn’t moving to India but is actually firing staff based in India, so it’s a case of shrinking, not offshoring. When even low-paid (much lower salaries) staff is discarded it means things are very gloomy.



  23. Links 22/03/2023: GNOME 44 “Kuala Lumpur”

    Links for the day



  24. Microsoft Has Also Infiltrated the OSI's Board of Directors After Rigged Elections

    Weeks ago we warned that this would happen and for the third or fourth time in 2 years the OSI’s election process broke down; today the Open Source Initiative (OSI) writes: “The polls just closed, the results are in. Congratulations to the returning directors Aeva Black…” (Microsoft employee)



  25. Links 22/03/2023: Official Thunderbird Podcast Starts

    Links for the day



  26. IRC Proceedings: Tuesday, March 21, 2023

    IRC logs for Tuesday, March 21, 2023



  27. Many More Microsoft Layoffs Later Today

    Yesterday we shared rumours about Microsoft layoffs being planned for later today (there were 3 waves of layoffs so far this year). There are several more people here who say the same. How much noise will Microsoft make in the “media” in order to distract? Will the chaffbot "ChatGPT" help create enough chaff?



  28. Links 21/03/2023: JDK 20 and GNOME 43.5

    Links for the day



  29. Germany's Lobbyists-Infested Government Sponsors the War on Ukraine via the European Patent Office (EPO)

    The chief UPC ‘judge’ is basically seeking to break the law (and violate constitutions, conventions etc.) to start a kangaroo court while dodging real courts, just like Vladimir Putin does



  30. [Meme] The Meme That Team UPC (the Collusion to Break the European Laws, for Profit) Threats to Sue Us For

    António Campinos and Team UPC are intimidating people who simply point out that the Unified Patent Court (UPC) is illegal and Klaus Grabinksi, shown above, strives to head a de facto kangaroo court in violation of constitutions and conventions (the UK does not and cannot ratify; Ireland hasn’t even held a referendum on the matter)


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