Bonum Certa Men Certa

Ahead of Supreme Court Decision, the Patent Microcosm is Trying to Scandalise PTAB

...Just like it did Michelle Lee until she left

Paul Morinville sickened



Summary: The Patent Trial and Appeal Board (PTAB), which defends many businesses from bogus patents and patent trolls, comes under fire from protectors of the trolls (or those who profit from patent Armageddon/legal chaos)

THE Supreme Court (SCOTUS) is going to decide about PTAB some time soon (probably months from now) and as we wrote earlier this week (including yesterday), PTAB foes are lining up to discredit PTAB. That notably includes Watchtroll, an apologist of patent trolls and a proponent of software patents (obviously still in denial over Alice). They even march in front of the USPTO's facility and burn things (literally). That's how obtuse some of these people are. Bullies. Crybullies.



The US is still suffering from an epidemic of patent trolls, even after SCOTUS ruled on TC Heartland, potentially forcing most trolls out of Texas. In many cases, PTAB invalidates patents of patent trolls, irrespective of whether they file lawsuits or not (sometimes they just threaten small companies in secret to extract 'protection' money). This problem is very real and corporate media now compares it to extortion and blackmail (rightly so). The consequences are profound and are estimated to cost tens of billions of dollars each year (mostly at the expense of small companies). Just look at this example from yesterday. It's about Uniloc. Bloomberg has just called it a "patent licensor", but it's actually a nasty patent troll. Here's a portion:

Patent licensor Uniloc Luxembourg SA—among the top patent buyers in the U.S.-brokered market in the second quarter of 2017—has already gone to court to enforce them, according to data reviewed by Bloomberg BNA.

Just a few weeks after adding new patents to its intellectual property arsenal, Uniloc began asserting them in infringement complaints filed in U.S. district courts against companies, including software giant Apple Inc., Bloomberg Law data show.



PTAB has already taken on this nasty patent troll (see for example this report from last year), so all those PTAB opponents are in effect protectors of trolls, too. This is true for Dennis Crouch, who keeps trying to interfere with PTAB's work. His latest attempt to discredit PTAB is less than 24 hours old and it's suggestive of patent trial stacking:

Important statement here from the Court against allowing a PTAB IPR patent challenger to continue to file additional IPR petitions after the 1-year deadline of 315(b) via the joinder process of 315(c); and also against stacking of PTAB Board to achieve particular results on rehearing. The court’s statement though is entirely dicta – it actually affirmed the PTAB decision here where these actions occurred.

[...]

On the rehearing, the PTAB Chief (acting on behalf of the PTO Director) shuffled the Board seemingly to change the result – adding two additional judges – Medley and Arbes – with the result that the dissenting opinion became the majority who offered an interesting explanation of the statute. Section 315(c) textually appears to focus on joinder of additional people. However, the text actually allows for “joinder of any person” – and according to the majority that should be interpreted to allow the “same person” to join himself to his prior filing (and in the process bring-along additional claims).

[...]

Unfortunately for the appeal, the Federal Circuit determined that it “need not resolve” the joinder issue because the obviousness finding were proper and were based upon the original petition.

[...]

Part of the reason why this is all dicta is that the PTO Director’s decision whether or not to initiate proceedings is – by statute – not appealable.


Expect many more attacks like this from PTAB foes. They will try to make scandals -- partly real or purely manufactured -- about PTAB. By tarnishing PTAB's image in the media they hope to influence Justices and assist patent aggressors/trolls. ⬆

Recent Techrights' Posts

NVIDIA Turns Out to be Serial Cheater, Stock Plunges 33% in 5 Weeks
The "slop bros" have long relied on patience and blind faith
IRC is for Communities, Social Control Networks Are for Broligarchs (by Broligarchs)
Unlike Reddit, it's not a company
 
Photo Ops Are Liabilities
NVIDIA is not a "family business" and its CEO isn't some modest genius
NVIDIA’s Total Debt Trebled in Three Months!
Not the hallmark of a rich company unless its accounting is fraudulent
Adopting LLM Slop is Still Suicide
Suicide (in the literal sense) is also linked to adoption of chatbots
On Laundering Licences and Code
A "Second SCO" waiting to happen
The Cyber Show on Slop and the Ministry Of Truth in "Nineteen Eighty Four"
"cultural erasure" by slop
Intercontinental Brigading - Part XXXXVIII - Keeping Both Eyes on the Ball
One upside of these disputes is that they raise at least two very important issues concerning the law
Gemini Links 12/11/2026: Encryption is Easy, Human Emacs, and Legislation in Italy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 11, 2026
IRC logs for Wednesday, November 11, 2026
Links 11/11/2026: End of Novaya Gazeta (Assassinated by Putin) and North Koreans Too Poor to Buy Rice
Links for the day
Gemini Links 11/11/2026: The Tyrant’s Moat and Rants About Slop Causing Problems
Links for the day
Links 11/11/2026: Skydance Games and Boeing Hit By Layoffs, "Time Out for Timeouts"
Links for the day
JavaScript is the Problem, Not the Answer
Making the Web better is about making things better, not slapping more JavaScript 'walls' at it
Intercontinental Brigading - Part XXXXVII - "Making a False Complaint to Police is a Crime." (British Cops Aren't American Mercenaries)
"In the United Kingdom, the Foreign Enlistment Act 1819 and the Foreign Enlistment Act 1870 make it unlawful for British subjects to join the armed forces of any state warring with another state at peace with Britain."
The Label 'Anti-AI'
They make it sound like opposing plagiarism or cheating is an act of intolerance or hatred
Intolerance and Violence
Intolerance in the software world is not a new problem
António Campinos Hiding From Staff Amid Strikes, Won't Participate in Dialogue
They voted to continue striking until Christmas
Silent Layoffs at IBM (Rolling Layoffs), Now Curbs on H1B (Mostly Indian Applicants)
Little will change at IBM except the gravity (global distribution) of its workforce will go east
Links 11/11/2026: Moving from Proton to Posteo and "Floating in Space"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 10, 2026
IRC logs for Tuesday, November 10, 2026
Intercontinental Brigading - Part XXXXVI - Attempts to Kill Critics
"Epstein contacted Cambridge academics about research funding"
Gemini Links 10/11/2026: Running, Tektronix, and "Smallnet Information Services Zig Port"
Links for the day
Corporations Don't Lose 2 Trillion Dollars in 'Value' Over a 'Dick Story', This is an Overvaluation and Belated Correction
Nvidia is down, down, down again
Links 10/11/2026: "50 Years of Project Censored" and NVIDIA's Collapse Continues
Links for the day
NVIDIA Down About 30% in 5 Weeks, When Does the Media Call It "Bubble" Rather Than Frame It as Sex Scandal?
they'll find a way to blame "China"
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day