Bonum Certa Men Certa

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

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). ⬆

Recent Techrights' Posts

Gemini Links 28/10/2026: BaseFree Numerical System, Tolino Vision 2, and More
Links for the day
Intercontinental Brigading - Part XVIII - Microsoft is Not the Victim (It Was Never the Victim), It's Just DARVO
"DARVO is now in the dictionary. That’s a win for abuse survivors"
Intercontinental Brigading - Part XVII - The Relevance of Silent Layoffs at Microsoft
"Economic Crime and Corporate Transparency Act: strategic lawsuits against public participation (SLAPPs)"
 
Intercontinental Brigading - Part IX - Literature About Malignant Narcissists in America Silencing the Press
There's a price for criticising abuses
Compelling Examiners at the European Patent Office to Fake "Growth" (in Patent Monopolies) Using Slop and Sloppy Processes
The agenda of management is likely illegal and the methods likewise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 27, 2026
IRC logs for Tuesday, October 27, 2026
The Cyber Show on Plagiarism (BS Artists) and Fear of GNU/Linux Users
Take a look at these articles
"EVENTS" as Paid Spam (Marketing) at The Register MS
Now that layoffs are "buyouts" and debt is "credit" (or "investment" in slop) why not call spam "event"?
Just Jealous
LLMs vs Developers
The Need for Operating System Kernels That Forbid LLM Slop
Not even OpenBSD is an alternative to Linux slop
Links 27/10/2026: "Why My Dad Didn’t Have a Cell Phone" and Sudan Famine Risk
Links for the day
Links 27/10/2026: Google Increases Spying on Online Everything (Personal Files, Mail), Anthropic Takes Its Losses and Debt Public
Links for the day
The British Economy Too Dependent on an American Slop Scheme
United States Government debt will soon eclipse 40.5 trillion dollars
We've Already Begun Work on the 20th Year of Techrights
We'll do a yearlong endeavour of improvement instead of a one-day hurrah
Volunteers or Unpaid Developers Won't Bother Interacting With Mindless LLMs That Pass Labour From Lazy Companies to Human Beings
The people who run Debian are killing the will to do Free software
Slop is Killing the Open Web
The Web is a jungle and "open sites" (without restrictions or walls) are exposed to the 'feeding frenzy' of reckless plagiarists who call their "theft" something like "super intelligence" or "training"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 26, 2026
IRC logs for Monday, October 26, 2026
As Microsoft Tells Close to 30% of Its Staff to Leave IBM Takes Notes
IBM does the same with PIPs
It's Perfectly Possible That Microsoft Has Just Told Most of Its American Workers to Leave
A better news headline might focus on the US and give a figure like 50%, not "quarter"
Richard Stallman Was Right About "Hey Hi"
Now the chicken come home to roost
Gemini Links 27/10/2026: "To Change or Not To Change?" and "Initial Planner Plans"
Links for the day
Intercontinental Brigading - Part XVI - The Faustian Pact That Irritates Hired Guns is Still a Distraction From the Serious Harm Done by Their Clients to GNU/Linux Users (Notably Plagiarism and Back Doors)
We'd rather talk about the harms caused
Links 26/10/2026: Microsoft Chaffbot "Building Detailed Psychological Profiles of Its Users", Man Executed for Childhood Offenses
Links for the day
Gemini Links 26/10/2026: Writing Down Dreams and "Sabbath as Resistance"
Links for the day
The Register MS Gets Rid of Disclosures About Paid-for Spam Regarding "AI", It Also Composes Fake News for the Sponsors
Selling away its credibility is known as "Sellout"
Microsoft 'Buyouts' Sound Just Like 60,000 Layoffs of 'Expensive' or More Experienced Staff ('Soft' Layoffs or Even Worse, Negligible Severance)
This is not a "gift" to staff, it's just a pink slip with a hundred dollar bill attached to it
This is How Microsoft Ends (Over a Quarter of the Company Now on the Chopping Block)
Microsoft has quit pretending
Search Without Encryption for Legacy Systems (Permacomputing) and Full Backward Compatibility
At your own risk
Shift to the Lula (Left)
Lula is a friend of Free software and ODF
More Stories and Material Than We Can Publish
We're gaining or have amassed material faster than we manage to publish
European Patent Office Takes From the Poor to Give More to the Rich
The "pension schemes are overfunded at 120.5%"
Intercontinental Brigading - Part XV - Annualised Consequences for Opposing Microsoft Back Doors in Linux Since 2012
a roundup of what we got from GGG
Links 26/10/2026: China’s Communist Party Plenum and Aleksandar Vucic Concedes Defeat
Links for the day
In Reporting, Timing is Everything
If you keep calling people "paedophiles" when you yourself are connected to paedophiles (or are a paedophile), you're attracting a lot of unwanted attention to yourself
Links 25/10/2026: Microsoft Layoffs and Cuts, Luiz Inácio Lula da Silva Wins Election
Links for the day
Gemini Links 26/10/2026: Brazilian Politics and Leaving Bear Blog
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 25, 2026
IRC logs for Sunday, October 25, 2026