Bonum Certa Men Certa

PTAB -- Not Deterred by Courts -- Continues to Invalidate a Lot of Software Patents

Don't believe the legal paper 'industry' (or the patent microcosm)

Some paperwork



Summary: The Patent Trial and Appeal Board (PTAB) continues to make progress reforming the patent system by eliminating a lot of patents and setting an example (or new standards) for what is patent-eligible after Alice

THE patent microcosm wants us to believe that the Court of Appeals for the Federal Circuit (CAFC) has devalued or stopped what PTAB was doing. They want us to think there's some kind of feud or conflict -- one that they themselves inflame.



Let's wait and see how many law firms will bother covering the frequent outcomes from cases where CAFC sides with PTAB on issues pertaining to invalidation of patents. Here is one such new case. To quote MIP:

The Federal Circuit has dismissed an appeal of Patent Trial and Appeal Board (PTAB) final written decision in an inter partes review (IPR), arguing that because "Phigenix has not offered sufficient proof establishing that it has suffered an injury in fact, it lacks standing to bring suit in federal court".


Here is a direct link to the decision [PDF]

PTAB is breaking some records again (based on some criteria), as shown by these latest figures. For the uninitiated, PTAB is slaughtering/squashing software patents more frequently than anything else, including courts. Petitions to PTAB, or IPRs as they are commonly called once processed, are also more reachable/accessible to small businesses that hope to undermine patents which large companies should never have been granted in the first place.

MIP's PTAB round-up says:

December Patent Trial and Appeal Board petition filing was the fourth-highest of 2016, the Federal Circuit recently heard en banc arguments in one PTAB appeal and granted en banc rehearing in another, the appeals court remanded the Board in In re NuVasive, and the District of Delaware interpreted the scope of estoppel narrowly in Intellectual Ventures v Toshiba


When patent trolls like Intellectual Ventures go after large companies such as Toshiba they expect to get a lot of money. Intellectual Ventures was recently defeated in an epic cases where quite a few of its patents -- software patents to be exact -- got rejected by a prominent CAFC judge.

There is no compelling evidence to suggest that things are changing in favour of the patent microcosm, at least not in PTAB. No doubt, however, they will continue to lie to everyone -- their clients included -- in order to improve their bottom line. The term "fake news" seems applicable here.

Recent Techrights' Posts

Links 04/05/2026: Energy Shortages Become More Visible, Germans Reject Military Service, Merz Says US 'Humiliated' Over Iran
Links for the day
KDE's Cornelius Schumacher Explains Why You Should be Slop-Free
Output is not measured by quantity of words
Links 03/05/2026: Insolvent US Bailing Out Google, Microsoft, Amazon, Nvidia, Oracle, OpenAI, and SpaceX
Links for the day
 
Links 04/05/2026: "DNC Covering Up Its 2024 Autopsy" and Rudy Giuliani in Critical Condition
Links for the day
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
ChromeOS and GNU/Linux Exceed 5% in New Zealand
Can we expect New Zealand and Australia to divest from GAFAM?
The Real News is Botnets (e.g. Windows With Back Doors), Not Iran
Let's focus on the botnets [...] Microsoft's aim is the opposite of security
SLAPP Censorship - Part 66 Out of 200: Alex Graveley Did Illegal Things, Then Asserted Mentioning Those Illegal Things is Privacy Violation
Alex Graveley "has suffered damage and distress" when the public found out he told women to kill themselves
The Corrupt Lecture the Non-Corrupt - Part XII - Outsourcing Everything to Microsoft, Which is Illegal
Today's EPO isn't about technology or law
Melissa Chan on Why Press Freedom Matters to Everyone, Not Just Journalists
dispelling a myth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 03, 2026
IRC logs for Sunday, May 03, 2026
Gemini Links 04/05/2026: Another Old Web Pillar Gone and Simple Lobsters Mirror for Gemini
Links for the day
SLAPP Censorship - Part 65 Out of 200: Graveley and Garrett Claims Are Word-by-Word Similar (They Also Collaborated All Along)
We'll keep it short today
IBM Has a Long and Rich History of Showing Chatbots Bear No Business Prospects (From Jeopardy to Watson Healthcare and McDonalds)
Watson Healthcare is already in the dustpan, so they are rebranding it again
Europe Decoupling is Bad News for GAFAM, Especially Bad to Microsoft
Countries want independence
India Needs to Recognise That the World Wide Web is Monoculture in India
In the US, a judge with Indian roots dealt with a case related to this; why won't India?
All-Time Lows for Windows Down Under
seeing the demise of Windows in Australia (historically a slow or low adopter of GNU/Linux) is good news
IBM's Kyndryl Accounting Fraud Explained and More Recently the Insiders Talk About Mass Layoffs
Judging by how the media totally ignored 800+ layoffs at IBM's Confluent and 400+ layoffs at Red Hat a few weeks ago don't expect to hear anything about Kyndryl layoffs
Links 03/05/2026: Water Shortages Crises and Slop Fakes "Are Coming for Your Bank Account" (Slop-Enabled Fraud)
Links for the day
All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026