Bonum Certa Men Certa

The Patent Trial and Appeal Board (PTAB) is Under Attack From the Patent Microcosm, Which Wants It Not to Exist Anymore

Proponents of software patents are, as expected, wishing nothing but harm to patent reform

PTAB



Summary: Attempts to revert back to a system full of lawsuits, trolls and blackmail are publicly seen in the form of "STRONGER Patents Act" -- a supposed 'improvement' that strives to roll back PTAB

THERE are many patent myths abound. They are being spread by those who profit from patents, not from products. In fact, they rarely make anything at all (except destructive lawsuits). Among the myths is the concept that an economy with a lot of patents (even too many) will thrive. But it's based on a lie. Number of patents, for instance, is not indicative of progress or invention but investment (money and effort) in patent applications. In some countries patents are simply granted on just about anything; see what happens in China at the moment. See this new article celebrating "high number of patents" as if it's a meaningful yardstick (it usually just says something about where large companies are based).



"Put in simple terms, there are court cases that now make trivial the invalidation of abstract patents such as software patents; but enforcing the rules against such patents, especially old patents, can be difficult without PTAB."We have approximately two dozen articles on the way about patents, but we lack the time to publish them all. Some of these (to be published some time in summer) will expose the lobbying effort for a patent system that serves the patent 'industry' (law firms, patent trolls, and patent bullies) at the expense of science and technology. We are very eager to write about it, having researched the subject for months, but we publish based on priority (timing, urgency, relevance to current events). Today we wish to focus on PTAB, which is basically under attack again. PTAB has been responsible for eliminating more software patents than any other branch (even all courts combined), so it needs to be defended. According to this new post, "Analog Devices filed for the inter partes review against Knowles’ U.S. Patent No. 8,018,049 covering a Silicon Condenser Microphone Package. The PTAB agreed with the challenge and found a substantial number of the claims unpatentable."

In another domain, the domain of pharmaceutical patents, someone is profiting by crushing so-called 'Big Pharma' (which use their patents for drug inflation or artificial price hikes). As PTAB expert Michael Loney put it the other day: "This month saw the PTAB issue the final decision on a Kyle Bass inter partes review."

Kyle Bass won. We wrote about his petitions many times before.

This is the kind of thing we want. Here is another new example:

The Patent Trial and Appeal Board has issued a rare granted motion to amend in Valeo North America v Schaeffler Tech, suggesting the Board is willing to consider well-crafted substitute claims

The Patent Trial and Appeal Board (PTAB) has granted two substitute claims in Valeo North America v Schaeffler Tech.



Meanwhile, Dennis Crouch continues trying to slow PTAB down and discredit its decisions. Here is his latest attempt to draw attention that inflames or harms the relationship between CAFC and PTAB (in spite of them agreeing ~80% of the time).

We recognise that many of our readers are new to this and rely on expansion of acronyms etc. Put in simple terms, there are court cases that now make trivial the invalidation of abstract patents such as software patents; but enforcing the rules against such patents, especially old patents, can be difficult without PTAB. The patent microcosm -- i.e. firms that profit from litigation and shakedowns -- is trying to corrupt politicians right now. It tries to bamboozle them into killing PTAB after it eliminated many bogus patents and as one new headline put it, "STRONGER Patents Act would “gut” the PTAB" (if it got passed, but not even the patent microcosm expects it to pass).

"The direct attack on Alice itself is still in the making and there are companies like IBM and Microsoft pushing hard for it."We wrote about this subject before. It overlaps several other efforts to weaken if not eliminate reform. As TechDirt put it the other day, "Could You Design A Worse Patent Reform Bill Than The STRONGER Patent Act By Senator Coons? Don't Think So" (wait, there's more on the way... as we shall show soon).

The direct attack on Alice itself is still in the making and there are companies like IBM and Microsoft pushing hard for it. Don't take AIA, PTAB, or even Alice for granted. Not even taking Michelle Lee for granted was a safe bet because personal attacks from the patent microcosm seem to have pushed (if not forced) her out. After IAM tried to push a corrupt man into her position Watchtroll is having a go also (suggesting replacements [1, 2]), multiple times in fact after it repeatedly attacked Michelle Lee with baseless 'scandals' (over a dozen times). IAM still cites Watchtroll as an authority and whines about SCOTUS doing the right thing on patents (like Alice). Here is the relevant paragraph:

That was definitely one of the takeaways from the ‘US pendulum’ session in which the panelists debated a slew of recent court decisions and the overall state of patent rights in the US. IP Watchdog’s Gene Quinn was clear on the impact that Lexmark might have. “It could be the biggest decision of our lifetime, there are a lot of people panicked by the case,” Quinn said. “It will dramatically decrease the revenue for companies doing business overseas, I don’t see any way around it.”


Maybe he can just attack some more judges in his blog, defame Directors of patent offices, and resort to whatever dirty tricks (with IBM's help) to perturb the system. They already buy themselves some 'academics', moles and lobbyists like David Kappos to help with this, as we shall probably show in greater detail later this month.

Recent Techrights' Posts

Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
 
Slopwatch: LinuxSecurity, Brian Fagioli, and Other Serial Sloppers
Maybe Microsoft wants to dub this "Web5"
Gemini Links 10/08/2025: Residents Management Company, Automation, and Politics
Links for the day
Links 10/08/2025: AOL Ending Dial-up
Links for the day
Links 10/08/2025: Webrings, “AI Sunglasses” and “AI Eyeglasses”, US Administration Intensifies Attacks on Science and Research
Links for the day
Sometimes Newer is Worse
We generally need to reject this dumb notion that "old" means bad
The Code Used to Make Techrights Fits on a Seventh of a Floppy Disk (or 100KB When Compressed)
For the sake of comparison I've just downloaded the latest version of WordPress. The ZIP file is 27.2MB in size, or ~27,200KB.
What They Tell Young Programmers
Coding in 2025
Simpler is Better When Simple is Enough
Over-complicating things to "sell" new versions is so 1990s
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day