Bonum Certa Men Certa

Patently-O's War on the Patent Trial and Appeal Board (PTAB) Continues

Patently-O or Trolly-O?

Trolly-O Patently-O



Summary: Patently-O stoops to the level of Watchtroll and becomes an attack dog at the service of patent parasites, trolls, and extremists

WRITING about the Court of Appeals for the Federal Circuit (CAFC) and the USPTO isn't a new thing at Patently-O; the constant PTAB bashing, however, is pretty new. We first took note of it earlier this year and since then we've written close to a dozen articles about it. This PTAB-bashing blog (a friend of patent trolls these days) conveniently omits briefs in support of PTAB. How much clearer can the bias get? Hardly a scholarly thing to do; it's more like lobbying. We know whose (or in whose favour).



"Hardly a scholarly thing to do; it's more like lobbying."There is a lot at stake right now because the Supreme Court is getting an opportunity to abolish or weaken PTAB -- something which we certainly don't hope (nor expect) it will do. There's also impending change of leadership at the USPTO. As Professor Robin Feldman from UC Hastings College of the Law put it in a message to IAM last week:

In the patent policy battles that have dominated recent headlines—patent trolling and PTAB challenges of pharma patents—Iancu is an unknown quantity. Having represented successful plaintiffs and successful defendants, patent holders and lawsuit targets, he brings the perspective of both sides of the table.

In addition, Iancu’s written works show a respect for software, along with scepticism of some of the judicial tests that allow patenting of software. In other words, at this point, he seems able to walk down the middle of the aisle.

For an incoming USPTO director, I would expect patent quality to be job #1. The USPTO has taken a beating over that topic, from the Government Accountability Office (GAO) report several years ago, from commentators and from policy makers. His background suggests a disciplined pragmatist, and I would expect that discipline to focus on quality of the product.


Notice the part there about software patents, which relate to Section 101/Alice. There are several dimensions of lobbying right now (at least 3), or angles attempted by the patent microcosm to thwart the Alice effect. They want software patents to be "great again".

"PTAB-bashing blogs like Watchtroll and Patently-O would have us believe that PTAB is crooked, but it's a financially-motivated lie."Jonathan Szarzynski‏ wrote: "Last week CAFC overturned Andrews killing Visual Memory on [Section] 101, yesterday he finds Acceleration Bay eligible."

A PTAB basher, J Nicholas Gross, used that to say: "That's what we get with "Alice in judicialland" precedent - completely random decisions" (they're not random at all, but the attempts to discredit PTAB now claim the judges to be crooked or incompetent, sometimes even "impotent").

PTAB-bashing blogs like Watchtroll and Patently-O would have us believe that PTAB is crooked, but it's a financially-motivated lie. We've noticed recently that Watchtroll and Patently-O work more closely together and link to each other. That says a lot about what happened to Patently-O, which was once a respected blog, unlike Watchtroll.

Recent Techrights' Posts

Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
 
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026