Bonum Certa Men Certa

Pro-PTAB Lobbying Leaves the Patent Microcosm Squirming, Lying

The High Tech Inventors Alliance (members below) promotes the Patent Trial and Appeal Board (PTAB), which is invalidating a lot of software patents

High Tech Inventors Alliance members



Summary: The High Tech Inventors Alliance takes another step forward in its defense of the USPTO’s Inter Partes Review (IPR) process (reevaluation of patents at PTAB); the patent microcosm cannot tolerate the views of companies like the above, so quite inevitably a shaming strategy kicks in

AS NOTED in our previous post, PTAB bashing has become EFF bashing. The patent microcosm, i.e. the 'industry' of litigation, does not know what to do other than attack PTAB judges. It now attacks actual technology companies, not just their front groups. Not a wise strategy at all...



Watchtroll already attacks PTAB and organises so-called 'protests' [1, 2] (patent microcosm under the guise of "US inventors"). It's laughable! Some might even find it utterly disgusting. Based on the photos, they've only managed to gather at most a dozen patent extremists (outnumbered by their placards) to stage a 'protest'. It's too pathetic for words. They probably used Facebook -- the very same company which strongly supports PTAB -- to organise this minuscule anti-PTAB 'protest'. Imagine the collective laughters.

"The patent microcosm, i.e. the 'industry' of litigation, does not know what to do other than attack PTAB judges."John Thorne, the general counsel of the High Tech Inventors Alliance, wrote for The Hill a few days ago. He described the High Tech Inventors Alliance as "a coalition of top technology companies supporting balanced patent policy and collectively holding more than 115,000 patents."

"Double checking patents puts exploitative trolls on notice," says his headline, which precedes an article in defense of patent quality (and PTAB which helps assure that). To quote:

On Friday, a group claiming to represent the nation’s small inventors will demonstrate at the Patent and Trademark Office (PTO) building. They will call for an end to the PTO’s Inter Partes Review (IPR) process, a procedure for taking a second look at the validity of patents. Some of the speakers will be genuine small inventors. But behind those little guys will be the big dollars of the biggest big-guy exploiters of the PTO’s missteps and mistakes.

[...]

Consider these facts. Almost 70 percent of this year’s challenged patents are in “high tech,” that is software, hardware and networking technologies. High tech is widely acknowledged to suffer from patent quality problems.

[...]

Over 99.8 percent of all active patents and 82 percent of litigated patents never face an IPR. In all IPR petitions decided through March 2017, the Board began a review of only 47 percent of challenged claims and invalidated only 24 percent. When the Board has handed down a decision on the merits, it has upheld some or all of the challenged claims 65 percent of the time. Furthermore, patentees win before the PTAB on validity issues more often than they do in federal court.



Guess how the patent microcosm is responding to such pieces. It's just so predictable. Here comes IAM with brain-dead tweets like these [1, 2], basically pretending that the High Tech Inventors Alliance is just Facebook and linking to some article about Facebook -- an article which says nothing at all about patents. IAM then says: "Ever wondered why certain BigTech cos are so keen to reduce patent protection in the US? (clue: it has nothing to do with "trolls") [...] All the big companies named in that WSJ article are prominent lobbyists for further efforts to restrict patent rights in the US."

"The real (or original) purpose of patents is to help advancement of productive companies..."Notice the language. Techrights member Will Hill responded by saying: "Of course, they confuse privileges with rights. There is no such thing as a “patent right”. Patents are temporary monopolies created by government, ostensibly for some public benefit, not inalienable rights it is futile and tyrannical for government to interfere with. The good of that private benefit should always outweigh the cost of public restrictions, but it clearly does not and the restrictions need to be reconsidered. That’s impossible to see when people are so fundamentally confused about rights."

Calling patents "rights", "property", or even "property rights" (we debunked this before, even back in February 2017 when Patently-O did its typical propaganda) is just so shallow. It is an old trick. Ascribing physical attributes to things that are immaterial concepts is also what they do when it comes to patent applications.

"This is why we can't have nice things, as the famous saying goes."The real (or original) purpose of patents is to help advancement of productive companies, even if Facebook is somewhat of a patent bully too. At its core, the patent system is also designed to help protect inventors from productive companies, but trolls are not inventors. Trolls typically prey on inventors (as large productive companies can afford going to court and squash the trolls).

Whether we "like" companies like Facebook or not (I personally hate that company), they actually make something. Unlike IAM, which is a funded lobbying arm of patent trolls and aggressors who make money from litigation alone. This is why we can't have nice things, as the famous saying goes. Lobbyists like IAM, essentially apologists or advocates for patent trolls.

Our next post will focus on trolls and the growing backlash to them.

Recent Techrights' Posts

2025 Will be Fought and Fraught With LLM Slop or Fake 'Articles' (Former Media/News Sites Turning to Marketing Spam)
The elephant in the room?
Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
 
Links 26/12/2024: Japan-China Mitigations and Mozambique Prison Escape (1,500 Prisoners)
Links for the day
Links 26/12/2024: Ukraine's Energy Supplies Bombed on Christmas Day, Energy Lines Cut/Disrupted in the Baltic Sea Again
Links for the day
Gemini Links 26/12/2024: Rot Economy, Self-hosted Tinylogs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 25, 2024
IRC logs for Wednesday, December 25, 2024
[Meme] Time to Also Investigate Bill Gaetz
Investigation overdue
Microsoft Openwashing Stunts Initiative (OSI) is A Vulture in "Open" Clothing
it's quite telling that the OSI isn't protecting the Open Source Definition
IBM Has Almost Obliterated or Killed the Entire Fedora Community (Not IBM Staff)
Remaining Fedora insiders are well aware of this, but bringing this up (an "accusation" against IBM) might be a CoC violation
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day
Brittany Day Connects Windows Ransomware to "Linux" Using Microsoft LLMs (FUD Galore, Zero Effort, No Accountability)
FUD and misinformation made by Microsoft LLMs again?
Links 24/12/2024: Labour Strikes and TikTok Scrambling to Prop Up Radical Politicians That Would Protect TikTok
Links for the day
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024