Bonum Certa Men Certa

The United States Supreme Court Should Further Restrict Patent Scope and Not Question PTAB's Work (Which Merely Enforces That Scope)

PTAB has probably been the best when it comes to enforcing Supreme Court decisions such as Alice

United States Supreme Court

Summary: A glance at the ongoing debate over which patent case/s the Justices of the United States Supreme Court should look at next

PTAB is a good, valuable ally of the software industry, for it invalidates a lot of software patents. PTAB is defended by almost every software company but protested against by the patent microcosm (striving to tax software companies).



"PTAB is defended by almost every software company but protested against by the patent microcosm (striving to tax software companies)."Based on this new press release, a lawsuit which was mentioned here earlier this week got escalated by the defendant, which sought help from PTAB. Taser (now renamed) is battling to dodge PTAB's scrutiny (as it can potentially invalidate the patent they use aggressively) and this time it got its way. But that's not the end of it. PTAB is generally a get-out clause in case a patent lawsuit is meritless based on the patent/s at hand. Failing PTAB, there are still judges and sometimes also a jury to determine whether a patent asserted is bogus or not. Just because an examiner at the USPTO decided to grant a patent doesn't necessarily mean it's both novel and patent-eligible. Prior art is sometimes discovered in court proceedings and expert witnesses can attest to the triviality of some patents. In some cases, the trial itself constitutes misconduct; we gave an example of that yesterday, citing Patently-O, whose contributor David did a followup. "First off," he wrote, "according to the panel-majority, mere negligence by litigation counsel is enough to justify an adverse inference under the law of this regional circuit..."

"As we explained here before, Patently-O is no friend of PTAB and certainly it is a friend of software patents."Over the years we have given many examples of misconduct, e.g. companies asserting patents that they don't even 'own' (are assigned). In some cases, expired patents are being used to intimidate companies.

As we explained here before, Patently-O is no friend of PTAB and certainly it is a friend of software patents. Moreover, its lead writer (Crouch) is still trying to slow down or discourage CAFC's support for PTAB. Yesterday he did that again. To quote the relevant paragraph:

A third petition for writ of certiorari to the United States Supreme Court has now been filed stemming from the Federal Circuit’s Rule 36 Debacle. Despite the need for clear guidance on the implementation of AIA Trials, most such appeals are being decided by the Federal Circuit without any opinion. I have argued that the process violates a provision of the Patent Act that requires an the court to issue an opinion in cases on appeal from the Patent & Trademark Office.


We already wrote extensively about why it's justified. There's a massive 'scatterback' of appeals from PTAB and CAFC cannot possibly issue a pertinent written opinion for each individual appeal. Crouch should know that. He's a law professor, but at the same time he's also immersed in the patent microcosm, which hates PTAB with a very great passion (to the point of insulting judges).

"He's a law professor, but at the same time he's also immersed in the patent microcosm, which hates PTAB with a very great passion (to the point of insulting judges)."The US Supreme Court (SCOTUS) is already busy with more important matters, such as patent scope and patent trolls. In fact, it has already deemed business methods-related patents invalid. There's Bilski and Alice. Now it's down to the courts below SCOTUS to obey precedents/prior decisions. But Crouch wonders aloud whether the matter will be revisited yet again:

Although the Federal Circuit walked through its Alice/Mayo analysis, I expect that a more infringer-friendly panel would have almost certainly sided with the district court. Now, Openet has petitioned the Supreme Court for writ of certiorari – arguing that the Federal Circuit improperly reached beyond the clearly overbroad claims when making its decision.


"Rao decided to write for The Hill about an Apple case against an Android OEM."Experience suggests that almost always the SCOTUS will overrule the Court of Appeals for the Federal Circuit (CAFC). But does it need to revisit something it already dealt with? Even Crouch touches that aspect (see the above post).

In other news, yesterday there was a publication from Nagesh Rao, who is described as "a former U.S. patent examiner and senior policy advisor with the Department of Commerce-U.S. Patent and Trademark Office and Office of Innovation and Entrepreneurship. He represents the United States as an Eisenhower Fellow and advisor to the American Association for the Advancement of Science (AAAS) Lemelson Invention Ambassadors Program."

"Rao explains that “if not for low-quality patents […] we would not even be having this discussion right now.”"Rao decided to write for The Hill about an Apple case against an Android OEM. It was the biggest Android OEM at the time the lawsuit was filed. He said that the "Supreme Court could strengthen the patent system" and by strengthen he means make more strict, not what "STRONGER" means in that infamous bill ("The STRONGER Patents Act" is reducing their quality to spur frivolous litigation).

Rao explains that “if not for low-quality patents […] we would not even be having this discussion right now.”

People inside the EPO have told us that highly dubious patents (EPs) are being granted to Apple in Europe as well. It's a global problem.

Patent quality is brought up by Rao as follows:

I mentioned patent quality is at the core of this case. As a former U.S. patent examiner that’s an issue I feel very strongly about. After all, if not for low-quality patents (it’s not just my opinion, the U.S. appeals court that originally found some of Apple’s controversial patents to be invalid would likely agree), we would not even be having this discussion right now.

The Supreme Court should hear this case and seize the opportunity to defend higher patent quality for a number of reasons – an issue that the USPTO has for years attempted to address, and made great strides in assuring. And in what some view as a positive step towards review, on Monday, the Court asked the acting U.S. Solicitor General to weigh in on the case.


We certainly hope that the Supreme Court will assess this case and overturn it in favour of Free software (Android). In this day and age when software is free (usually in terms of freedom and also price) there's no room for all this 'taxation' by declining firms -- at least in the mobile sector -- such as Apple.

Recent Techrights' Posts

24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
 
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026
SLAPP Censorship - Part 55 Out of 200: Strangled Women, Charged for Strangulation, Cannot Find a Job Now (After Microsoft)
merits public awareness and wider scrutiny
Gemini Links 23/04/2026: Spirituality and Detachment, Shoplifting in the UK, and "Introducing Scout, an iOS Native Gemini Client"
Links for the day
Links 23/04/2026: YouTube Age Limits Expanded and 'Secret' Model With Bug-Finding Hype Campaign 'Leaks'
Links for the day
Media Operatives of Microsoft Paint Microsoft Layoffs as Buyouts (Intentionally False Narrative)
Those are mass layoffs disguised as something else
IBM's Stock Has Collapsed Over 10% in One Day, Insiders Explain What's Happening
Today, due to a lack of time, we mostly present an outline of what people say (not IBM-sponsored media hacks with LLM slop)
Getting Aggressive Suggestive of Loss - Part I - Threats Sent From Burner Accounts Since February, Belatedly Reported to British Police
Threats connected to Graveley or Garrett or 5RB or Brett Wilson LLP [...] We're not dealing with a law firm here; we're dealing with the underworld
EPO Cocainegate Escalates - Part V - Where Does the António Campinos 'Family Affair' Go From Here?
Do cocaine in public, get caught, take paid "sick leave", come back to lead Europe's second-largest organisation
Links 23/04/2026: Legal Trouble for Microsoft, Chronic Fatigue Syndrome, and DMCA Whac-a-Mole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 22, 2026
IRC logs for Wednesday, April 22, 2026
Gemini Links 23/04/2026: Sunrise Chasing Season, Going Back to Older Software, New Gemini Client for Mobile Devices
Links for the day
Upcoming Mass Layoffs at Microsoft Not Limited to Gaming/XBox
from Microsoft staff
What Could Run the World Instead of "Linux"
Had it not been for GNU (the software, the licence, the compiler GCC), we'd probably not have Linux and perhaps BSD would be more widespread (no copyleft, so expect proprietary derivatives)
IBM's Shares Have Just Collapsed Again as a Result of the Phony 'Results'
Of course all the so-called news is shallow parroting of IBM or "churnalism" void of real analysis
EPO President to Meet the Union, But He Needs to Resign
Colleagues or workers of the EPO have only just been told that the boyfriend of the sister of "Cocaine Communication Manager" will be talking to the union (SUEPO) tomorrow mornin
Gemini Links 22/04/2026: Movies, Vim, and Bash
Links for the day
International Business Machines Corporation: Paying Peanuts, Getting Monkeys
they don't pay enough to retain key people
No, Finding Security Bugs Takes Time and Care (Human Touch, Real Grasp of Real Code)
This too shall pass
Move to GNU/Linux, Save This Planet
If you are an environmentalist, it's hard to justify still using stuff from Apple or Microsoft
SLAPP Censorship - Part 54 Out of 200: Alex-Matt/Automate Twin Cases, Separated at Birth, Drafted by Brett Wilson LLP and 5RB
Perhaps their solicitor K.C. (not the legal title) sought actual redemption and followed the Cross, not the dagger
When Peak Oil Isn't Just "Alarmist Propaganda"
the current conditions favour less consumption
Combatting Racist Abuse
Take racism seriously
They've Failed to Ruin Our Community, But They Still Try
The cost of liberty is not zero. The cost of it can be supremely high.
IBM "Results" as a Smokescreen to Distract From Mass Layoffs at IBM Every Month in 2026
How can we as a society function if we do not get properly informed and educated about what goes on around us?
'Nuclear Winter' at Microsoft This Summer?
At Microsoft so far this year there have been many layoffs, but the company tries to keep them secret
Links 22/04/2026: LLM Slop "Damaging Users’ Cognitive Abilities", UK-based Publishers Urge CMA to Curb Slop-Wielding Plagiarists Like GAFAM
Links for the day
EPO Cocainegate Escalates - Part IV - António Campinos Allegedly Sleeping With Sister of "Cocaine Communication Manager" Luis Berenguer to Secure Third Mandate
Based on our understanding, "the f---ing president" Campinos - to quote rather than merely paraphrase his description of himself - is dating Ana Berenguer, sister of "Cocaine Communication Manager" (Luis Berenguer) and daughter of another Luis Berenguer, a friend of the late Jorge Campinos (António's father)
Clownflare (Cloudflare) and the 'Ecosystem' It Wants to Replace
Vercel & Next.JS Hacked - Nothing New to Report
Today, or Tonight, Look for What IBM is Hiding, Not What It's Telling Shareholders
It shapes the narrative while cooking the books
Brett Wilson LLP Working for Racists and Losing (at the Same Time It Works for Men Who Assault Women in America)
Brett Wilson LLP is basically attacking whistleblowers
The Corrupt Lecture the Non-Corrupt - Part IV - Demanding Respect From Those You Are Attacking and Robbing
"literature" aimed at staff looks increasingly comical, hypocritical, one might say inappropriate
What It Will Take for More Nations in Europe to Move Fully to GNU/Linux
It would be false to say that France is hostile towards the US
Gemini Links 22/04/2026: Voyage into Cheapness, Heat and Pressure in a Contained Ideal Gas, Tidepools
Links for the day
Links 22/04/2026: YouTube Deletes Channels to Promote US Hegemony, "Kash Patel’s Defamation Suit Against The Atlantic Is Designed To Generate Headlines, Not Win In Court"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 21, 2026
IRC logs for Tuesday, April 21, 2026