Bonum Certa Men Certa

The Patent Trial and Appeal Board (PTAB) is Utilised in Fixing the US Patent System and the Patent Microcosm Loses Its Mind

Pseudo-intellectuals who lobby for their bottom line (pockets) want PTAB destroyed

Watchtroll's Gene Quinn



Summary: A roundup of PTAB news, ranging from attacks on the legitimacy of PTAB to progress which is made by PTAB, undoing decades of overpatenting

THE progress made by PTAB, which faces record demand, makes patent maximalists squirm. That in itself is an indication that it is doing the right thing.



Remember the time Watchtroll used words like "impotence" to insult PTAB? That's a classic! Watchtroll is so angry at PTAB right now that he (the founder) even resorts to bad grammar in the headline, "The PTAB is a thoroughly broken tribunal incapable of being fixing" (don't laugh, he may be having a tantrum which isn't good for his already-questionable health).

"And to think that companies like IBM actively support such attack sites says a lot about IBM...""The PTAB is a thoroughly broken tribunal incapable of being fixing," says one whose entire worldview is broken. What PTAB does is it fixes a problem, but Watchtroll and his swamp now hijack the word "fix" and ascribe it to the tackling of PTAB itself, as we noted the other day. Amazing! Incredible!

What will Watchtroll do next in his efforts to dismantle patent progress? He already shames and spreads false rumours about the Director of the USPTO, in an effort to get her ousted/fired. It's appalling and it's painful to watch. And to think that companies like IBM actively support such attack sites says a lot about IBM...

"This is very interesting. So Unified Patents takes practical steps to help defendants; in this case, a patent gets challenged in an IPR filed by a collective actor/action."Anyway, in more positive news about PTAB, "MyMail patent [gets] challenged in IPR2017-00967 filed by @unifiedpatents," according to this new tweet. "For more information, go here..." (original link).

This is very interesting. So Unified Patents takes practical steps to help defendants; in this case, a patent gets challenged in an IPR filed by a collective actor/action. It's a good approach, and it is aided by PTAB. This same approach, which was already embraced by the EFF at times, promises to deter if not eliminate some notorious patent trolls. To quote from the site of Unified Patents:

On February 24, 2017, Unified Patents Inc. filed a petition for inter partes review on a patent owned and asserted by MyMail, Ltd. In the IPR2017-00967 petition, Unified challenged the patentability U.S. patent 8,275,863 which teaches methods of modifying a toolbar to facilitate internet traffic.


If your patent is rubbish, don't expect to change it 'on the go' in order to dodge invalidation. As this other new report notes: "Among the changes brought about by the America Invents Act (AIA) was the creation of new post-issuance review proceedings – inter partes review (IPR), post-grant review (PGR) and covered business method review (CBM)" and "Amending claims at the PTAB [is] a fool’s errand?"

Well, yes. It barely ever happens. PTAB should invalidate patents rather than allow them to be modified. Patents are not something dynamic that can just be edited as one goes along. We wrote about this before.

To be fair, inter partes reviews don't always result in success, i.e. invalidation (that would destroy the perception of justice anyway), but the success rate is very high. Here is an inter partes review which involves not software patents. As Law 360 put it the other day:

The Patent Trial and Appeal Board on Tuesday declined to review claims in a Chamberlain Group Inc. patent on garage door openers, just a few weeks after the Federal Circuit said that a rival manufacturer had raised a “substantial question of invalidity” with respect to the patent.

PTAB denied two separate petitions from a unit of Techtronic Industries Co. Ltd. seeking inter partes review of various claims in the patent. The petitioner, One World Technologies, argued that the challenged claims were invalid


So for those who think that PTAB is just blindly eliminating patents, it clearly does not do this. Many of the patents it invalidates these days are software patents and other abstract nonsense. That's what courts at the highest levels have requested, e.g. in Alice (but not limited to it). Understandably, that's what most petitions (IPRs) are filed to enforce.

PTAB has made a great first step against patent parasites that want to 'own' lives, too. The other day we wrote about the CRISPR case (covered here for a number of years) and it's still making some headlines. "The eagerly-anticipated ruling from the PTAB of “no interference-in-fact” is a win for the Broad Institute in its CRISPR patent battle with University of California Berkeley. But much wrangling lies ahead over the rights to the gene-editing technology, including a potential appeal and likely licensing disputes," wrote Natalie Rahhal for MIP.

Thankfully, PTAB expands beyond software patents and now tackles all sorts of patents that are working against public interests and ethics. PTAB, unless patent maximalists somehow manage to stop (or sabotage) it, will bring back patent sanity to the US. See what Patently-O wrote the other day about the promise of "[a] written decision on “every claim challenged”". Patently-O explains that "[t]he basic issue – under the statute, can the PTO (the PTAB acting as the Director’s delegate) institute inter partes review to a subset of the challenged claims? Or, does the requirement for a “final written decision as to every claim challenged” require that the Board grant or deny the petitions as a whole."

This seems to be a method for slowing PTAB down and proponents of this approach are not too shockingly patent maximalists.

Recent Techrights' Posts

FSF Has Made It Halfway to Its Target (Funding Goal) a Week Before Christmas Day
$400,000 definitely seems reachable now, especially if they extend the "deadline"
Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
 
Links 19/12/2024: Magnitude 7.3 Earthquake and Privacy Camp
Links for the day
Gemini Links 19/12/2024: Port Of Miami Explosion, TurboQOA, Gnus
Links for the day
Fake Articles About 'Linux'
Dated yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 18, 2024
IRC logs for Wednesday, December 18, 2024
[Meme] The Master Churnalist
Speaking of press releases being passed off as "journalism"
Spamnil's TFiR: Still Pretending Press Releases Are 'Articles' (TFiR 'Originals' as Plagiarism or Fluff)
Same as last year
Links 18/12/2024: Zakir Hussain Dies, TuneIn Layoffs
Links for the day
Links 18/12/2024: Karate Love and Advent of Code
Links for the day
Windows (or Microsoft) Has Become the "One Percent" (Market Share) in Chad
How long before it falls below 1%?
Arvind Krishna, IBM's CEO, Will Eventually Suck Up to Donald Trump Like His Predecessor Did or the Watson Family Did With Adolf Hitler
Literally Hitler
Being a Geek Need Not Mean Being Sedentary
"In the past 18 months," Berkholz writes, "I’ve lost 75 pounds and gone from completely sedentary to fit, while minimizing the effort to do so (but needing a whole lot of persistence and grit)."
GAFAM Kissing the Ring of the Mafia Don
"resistance" to dictatorship and defenders of democracy?
Slop Spaghetti From the Chef, Second Time Today
Fresh slop ready out the oven!
IBM - Like Microsoft - Lies About the Number of People It's Laying Off (Several Tens of Thousands, Not Counting R.T.O. "Silent" Layoffs and Contractors/Perma-Temps)
How many waves of silent layoffs have we seen so far at IBM this year?
Links 18/12/2024: EU Launches Probe Into TikTok (At Last!)
Links for the day
Links 18/12/2024: Doha/Qatar Trafficking, Bloat Comfort Zone, and Advent of Code 2024
Links for the day
[Meme] Microsoft's Latest Marketing Pitch
"Stop Being Poor; buy a new PC with TPMs"
In South Africa, a Very Large Nation, Web Developers Can Already Ignore Microsoft Browsers (Edge Measured Below 3% in 55 Nations)
The dumb assumption you must naively test with Microsoft browsers is no longer applicable in a lot of places
Open Source Initiative (OSI) is the Voice of Bill Gates and Satya Nadella
Not hard to see what they've done with the money
Microsoft Boasts That Its (Microsoft-Sponsored) "Open Source AI" Propaganda Got Cited in Media (That's Just What the Money Did)
This is a grotesque openwashing campaign
In Many Places Around the World, Perhaps as Expected, Yandex is Nearly Bigger Than Microsoft (Like in Several African Countries)
Microsoft may soon fall to "third place" in search
Keeping Productive This Christmas
We've (pre)paid for hosting till almost January 2026 and fully back on the saddle
IBM and Canonical Leave Money on the Table Because Microsoft Pays Them Not to Compete and Instead Market Windows, WSL, Microsoft 'Clown Computing', and TPMs
Where are the regulators?
Other Editors Who Agree "Hey Hi" (AI) is Just Hype But Won't Say So Publicly as It Might Upset Key Sponsors
Some media would gladly participate in a scam to make money
Brian Fagioli's Latest "Linux" Article Appears to be Fake
Another form of plagiarism/ripoff using bots?
IBM (and Red Hat) is a Patent Troll, Still Leveraging Software Patents to Extract Money Out of Other Companies by Suing Them
Basically, when it comes to patents, IBM is demonstrably part of the problem, not the solution
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 17, 2024
IRC logs for Tuesday, December 17, 2024
[Meme] When the People Who Falsely Accuse You of Pedophilia Turn Out to be Projecting
When you attack something or someone using falsehoods, as happens a lot to Richard Stallman (RMS), there's risk that the attacks will backfire, badly
In Some Countries, Such as Greece, Almost 80% of Windows Users Are on Vista 10 and About 85% Need to Move to GNU/Linux for Security Patches
Vista 11 was a failure
[Meme] They Don't Want the Public to Know What "Responsible Encryption" Really Means
They also blame "China" for their own back doors (because China learned how to exploit those)
The Linux Foundation's Certificate Authority (CA) Significantly and Suspiciously Raises the Number of Certificates It Issues (Quantity Increase/Inflation) by Lessening Their Lifetime in the Name of 'Security' (That Barely Makes Sense!)
LE made 3 months the "standard" for most, soon to become just 6 days instead of 6 months?
Why I Continue to Believe That at the End Software Freedom Will Win
a short and incomplete list of factors which I believe contribute to the sentiment that we can - and will - win the battles over hearts and minds in the "Tech" realm
Links 17/12/2024: More China Sanctions, GOP Scheming to Prop Up Fentanylware (TikTok)
Links for the day
Gemini Links 17/12/2024: The Streisand Effect and Productivity-systems Desiderata
Links for the day
Technology: rights or responsibilities? - Part X
By Dr. Andy Farnell
Links 17/12/2024: More "Tesla Autopilot" and "Hey Hi" (AI) Blunders
Links for the day
Instead of Promoting GNU/Linux (or Ubuntu) Ahead of Vista 10's EoL Canonical is Marketing Microsoft's Proprietary Software
It's like Canonical employs people who work for Microsoft, not for Canonical
Links 17/12/2024: Many Abuses by Microsoft and War Updates From Ukraine
Links for the day
Content Management Systems (CMS) Bloat/ Static Site Generators (SSG) Trouble
some Web site management stories
DEI Room at fedoraproject.org Pretty Much Dead
We're not against diversity but against its weaponisation by greedy people who do not value diversity at all
The "Latest Technology News" at BetaNews is Slop About Slop
This is at the very top of the "news" (front page) at the moment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 16, 2024
IRC logs for Monday, December 16, 2024