Bonum Certa Men Certa

The US Supreme Court Consults USPTO Director Michelle Lee Regarding the Patent Trial and Appeal Board (PTAB) Which is Invalidating Software Patents With CAFC's Approval

The Court of Appeals for the Federal Circuit (CAFC) continues to concur with PTAB about 80% of the time and sometimes goes even further by invaliding patents that PTAB deemed acceptable

Punch



Summary: Software patents continue to get knocked out by the Leahy-Smith America Invents Act (AIA) whose introduction of PTAB gave a helping hand to companies that are susceptible to abusive litigation (with bogus patents)

THE "AIA" reform, passed by Obama half a decade ago, has been good. It gave us the the Patent Trial and Appeal Board (PTAB). PTAB invalidates a lot of software patents (thousands of them), sending out the message or signaling the demise of such patents in general, owing to Alice from the US Supreme Court.



"PTAB invalidates a lot of software patents (thousands of them), sending out the message or signaling the demise of such patents in general, owing to Alice from the US Supreme Court."As one can imagine and even expect, the patent microcosm is up in arms over this. It is trying hard to decapitate the USPTO and to shame the Court of Appeals for the Federal Circuit (CAFC) into slowing PTAB down (shame on Patently-O).

The other day, writing about AIA in this post, Patently-O took note of the US "PTO’s low-quality examination of software and business methods in the late 1990s and early 2000s."

"The problem was, all along, the granting of any patents on software and business methods, irrespective of so-called 'quality' (whatever that means, it's a distraction often used by proponents of software patents who look for excuses)."No, the problem isn't low-quality "examination of software and business methods." The problem was, all along, the granting of any patents on software and business methods, irrespective of so-called 'quality' (whatever that means, it's a distraction often used by proponents of software patents who look for excuses).

Based on another post from Patently-O, Michelle Lee is still in charge of the USPTO (don't believe villainous rumours and insults), which means that AIA/PTAB/reform is defended. Here is the relevant part:

After receiving party briefs in this case, the Supreme Court requested a responsive brief from the Michelle Lee in her role as PTO Director on the constitutionality of the AIA trial system. That brief has now been by the new acting Solicitor General Jeff Wall who handled a number of patent cases in private practice.


We certainly hope that the highest US court recognises that practicing companies love AIA (and Lee), whereas it's the parasites who attack everything. We've looked around for news about PTAB just before the weekend and all we found was stuff about IPRs, CAFC, and Alice:



There happens to be a new CAFC case (nonprecedential) which Patently-O covered by stating: "In its final written decision, the PTAB sided with the patentee – holding that IPR-challenged claims were not obvious. U.S. Patent No. 6,945,013 claims 18-20 (aseptic bottling at > 100 bottles per minute). On appeal, Nestle has successfully argued that Board incorrectly construed the claim term “aseptic.”"

"We certainly hope that the highest US court recognises that practicing companies love AIA (and Lee), whereas it's the parasites who attack everything."Patently-O tends to cherry-pick cases that help the patent maximalists, but that's nothing new. By contrast, Patently-O covered this case where CAFC was going further than even PTAB, invalidating patents on software in spite of PTAB tolerating these.

Here is the Cisco petition:

After the PTO initiated an inter partes reexamination, the patentee (Cirrex) dropped the original claims (1-34) and added new claims (35-124) of its ‘082 patent.[1] In its final decision, the PTAB affirmed the examiner’s decision that most of the added claims were invalid as lacking written description support. The Board did, however, find five of the claims patentable. On appeal, the Federal Circuit partially reversed – finding all of the claims invalid as lacking written description support.


PTAB, based on another such example, helps fend off patent trolls that go after a patent trolls feeder, Ericsson. "In a non-precedential decision," Patently-O showed, "the Federal Circuit has rejected IV’s procedural due process claim against the PTAB – holding that the PTAB is free to construe claims in ways that differ from any party proposal and without first providing notice of its off-book construction."

"If Lee was replaced by someone like Battistelli, they would be doomed for 'daring' to reduce the number of patents (or so-called 'production')."Notice the role of Microsoft's patent troll here (IV).

Software patents are generally dropping like flies as at PTAB, for instance, the "first quarter of this year saw the most inter partes reviews (IPRs) filed on record," IAM admits, citing data from Lex Machina again. Here is the relevant part:

But which law firms lead the way in terms of their performance at the PTAB? Some data providers, such as Lex Machina, provide fairly comprehensive breakdowns of how many reviews a firm has filed and how they have fared for their clients, by tracking things like the numbers of cases they have had instituted, the number that have been denied and the number that have settled.


We certainly hope that PTAB (similar to the appeal boards at the EPO) will see a growing number of petitions. If Lee was replaced by someone like Battistelli, they would be doomed for 'daring' to reduce the number of patents (or so-called 'production').

Recent Techrights' Posts

Still Lots of IBM Departures
It's not that we lack evidence of IBM layoffs. It's just that we have ample evidence of the press not doing its job (or barely existing anymore).
The Register MS Standards: Promote a Ponzi Scheme in Exchange of Money
Once upon a time it was a serious publisher. Months ago it was taken over by a Microsoft person.
Dr. Andy Farnell: Time to Pull the Plug?
insightful, as usual
The Slopfarms' Business Case (or Business Model) Never Existed and Nowadays, in 2026, They've Mostly Collapsed
Hopefully by year's end many slop suppliers will be offline and slopfarms that rely on them throw in the towel
 
Slop is Distraction
LibreWolf will never include any of this slop nonsense, no matter if toggled on or off
Cult inquiry: Parliament of Victoria, last chance to have your say
Reprinted with permission from Daniel Pocock
Internet Relay Chat (IRC) Turns 37.5
Can IRC reach age 75?
Gemini Links 28/02/2026: Loadbars 0.13.0, IME (Input Method Editor), and ColorColumn in Vim
Links for the day
Two EPO Strikes in March (Maybe More)
As per the SUEPO diary [...] We still have an ongoing series about the EPO, with several more series to start later
Why We Are Concerned About the SRA's Failure and What That Means to the Profession of Lawyers in the UK
Unregulated industries will lose their credibility as there is a threat of growing perception that they operate outside the law rather than practice law
Over 10,000 Pages/Articles Per Year?
Probably my most productive month, ever
Keeping Techrights Online 99.99% of the Time
Some time later this year we'll tell a very long story about how extremists attacked our webhosts
Teaser: The Next Series About the SRA, Which Would be Just as Effective as It It Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
Richard Stallman, Founder of the Free Software Movement, Will be Giving Public Talk in Bern (Switzerland) in Less Than 12 Days
We are still doing a series about him and his talks
Slopfarms' Demise Looks Like the Beginning of the End (Lowered Demand for Slop)
Slop about "Linux" has gotten hard to find this past week
Links 28/02/2026: "Tehran’s Two-Tiered Internet", "Internet Under Fire"
Links for the day
When an Entire News Site is About One Topic (and One Topic Only)
Tomorrow we start a new series for the new month
Links 28/02/2026: Bill Epsteingate Admits Sex With Young Girls, "Epstein Files Are the Horror That Keeps on Giving"
Links for the day
IBM: Where Companies Come to Perish
thelayoff.com is censoring stories
Tech Layoffs Are Not Because of Slop, They're an Effect of a Rotting Economy and Tech Giants Being Too Deep in Debt
Block is rapidly sinking in debt
March in London Today Against Slop's Harms to Society (and the Environment), Starting at 12:00 GMT at the Microsoft OpenAI Office
Today there is a protest in London (UK)
Microsoft Mass Layoffs Have Officially Resumed, Microsoft's Waggener Edstrom/Frank Shaw Lied
"The former employees say this was a mass layoff"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 27, 2026
IRC logs for Friday, February 27, 2026
Links 27/02/2026: Block Cuts 40% of Its Workforce While Blaming Ponzi Scheme, Netflix Backs Out of Bid for Warner Bros.
Links for the day
IBM CEO and CFO Make It Hotter in the Kitchen
Who's gonna leave the kitchen while they cook the books?
Gemini Links 27/02/2026: Unlearning Literacy (Slop) and Firefox as Slop-ware
Links for the day
It Looks Like Linux Chief Linus Torvalds Made a Good Call Regarding Kent 'Slop' Overstreet
Having never met or even chatted to Overstreet, I'm not in a position to judge him
Links 27/02/2026: Slop Incompatible With Nuclear Codes, Chinese Slop "Chatbots Censor Themselves"
Links for the day
Please Report the European Patent Office (EPO) to Europol for Cocaine Abuse and Tampering With Witnesses and Media to Hide This Cocaine Abuse
there are already police reports connected to the matter
Like a Mafia: Kris De Neef and Nellie Simon, Who Help Campinos Cover Up Cocainegate at the EPO (Substance Abuse at the Highest Office), Are Bullying EPO Whistleblowers
They're all in this together [...] At this point, undoubtedly, the EPO is run like an organised crime operation. Nothing more, nothing less.
pulltheplug.uk Says the Internet Harms Us, Will March in London Tomorrow
Maybe the site is down due to high access demand
EPO Management Trying to Hide Cocainegate, Silence/Discredit Whistleblowers, and Probably in a Panic Due to the Strikes
At the moment, Johannes' mates are receiving over 100,000 euros as a reward for doing illegal drugs
Jim Zemlin's 'Linux' Foundation is the Real Link Between Linux and Pedophilia
It's about the deeds, not the words
The GNU Manifesto Turns 41 in March (Next Week)
And RMS turns 73 next month
The Sister Site is Still Improving the Static Site Generator (SSG) We Use in Techrights
We have a common mission and every week we make measurable advancements
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026
[Video] "New RMS [Richard Stallman] Positive Media" Reaches Millions of Viewers This Week
Assuming 5+ million people will watch this on the first week, that's good publicity for the Free software movement
Another Quiet Slop Day Passes By
the number of slopfarms we can locate/track is fast decreasing
Gemini Links 26/02/2026: Sending a Thesis and Lupa/Onion ("Lupa now lists Gemini .onion addresses")
Links for the day
Links 26/02/2026: Bcachefs Man Bonkers, "Seven Journalists Convicted for Taking Photos at Courtroom"
Links for the day
Links 26/02/2026: "Peak Mental Sharpness" and "The Whole Economy Pays the Amazon Tax"
Links for the day
If You Value Privacy, Follow the Likes of Eben Moglen, Phil Zimmermann, and Richard Stallman, Not Back Doors' Boosters Who Mislabel Themselves as Security Experts
Signal is not really secure
"Community" Site Deleted by Jeffrey Epstein-Connected 'Linux' Foundation Had Interview Where Eben Moglen Spoke of GPLv3 and of DRM, Back Doors Etc.
Deleting what happened or what was said two decades ago
Richard Stallman (Free Software Foundation) and Eben Moglen (Columbia Law School) Explained 25 Years Ago That Proprietary Software (and Proprietary Firmware) Would Lead to Back Doors
a fortnight after the 9/11 terror attacks in the US
Writer's Block is Not a Problem to Us, Only a Lack of Time
Or timewasting by aggressive militants who try to silence us [...] People who experience writer's block very often find it depressing (it feels unproductive) and sometimes come to the conclusion that perhaps writing isn't for them
Giving to the Community Versus Taking From the Community (or Worse, Attacking the Community)
some people bring no contributions, only harm
LLM Slop Will Try to 'Rewrite' History of UNIX and GNU/Linux
We occasionally see slopfarms spreading misinformation about UNIX, GNU, and Linux
March Plans for Techrights
next month we plan to start the series about how the SRA failed
Where Does the Solicitors Regulation Authority (SRA) Stand on Machine-Generated Legal Documents and Copy-pasting One Client's Lawsuit to Start Another (for American Serial Strangler)?
Now that many law firms cheat (copypasta, paper DOoS, LLM slop, breaches of rules, even defaming the other side) the SRA cannot keep up
Of Course Android is Not Free Software
That Android is not about freedom should not be so shocking
Talking About Blackboxes
Having just reposted a couple of articles from Alex Oliva
Microsoft Slop is Already Killing XBox
Microsoft will fail at alleviating such concerns
Two Weeks Have Passed and It Looks Like Conde Nast's Ars Sloppica Sacked "Senior" "AI" "Reporter" Benj Edwards But Did Not Remove All His LLM-Produced 'Articles'
the editorial standards at Conde Nast's Ars Sloppica are a joke
Alex Oliva (GNU Linux-Libre): Stricter is Less Popular
Reprinted with permission from Alex Oliva
Fraud and Crimes at Microsoft
A lot of these American companies simply cheat and even bribe
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 25, 2026
IRC logs for Wednesday, February 25, 2026
FSF's Alex Oliva on Hardware Black Boxes
Reprinted with permission from Alex Oliva