Bonum Certa Men Certa

Latest Assaults on PTAB and More PTAB Bashing, This Time by Anticipat

Anticipat is showing signs of antipathy

Anticipat



Summary: The Patent Trial and Appeal Board (PTAB), which helps eliminate patents granted in error (a lot of software patents), is still besieged by the patent 'industry'

EXPECT many attacks on PTAB, the body which keeps the USPTO in check and enforces Alice very often (probably more than once a day, on average). Why is PTAB under attack? And why now? There's an upcoming case at the Supreme Court of the United States and the patent microcosm believes it can use that case to undermine PTAB, maybe altogether eliminate it. PTAB-bashing blogs like Watchtroll and Patently-O write about it all the time. They try hard to scandalise PTAB and encourage anti-PTAB briefs (to be submitted as a sort of lobbying, addressing the Justices).



Do not expect any of this to stop. It will get worse. It keeps intensifying. These are no "friends of the court" (amici) but enemies of science and technology. All they want to do is tax scientists and technologists (who generally support PTAB).

According to IAM's new blog post, there's a potential to finding a loophole like universities to dodge scrutiny from PTAB, harnessing immunity. We wrote about this example a few days ago (Allergan, a dodgy entity) and here are the details:

Allergan may just have driven a coach and horses through the inter partes review process at the Patent Trial and Appeal Board. The company’s agreement to transfer the six patents underpinning its dry-eye treatment Restasis to the Saint Regis Mohawks has been widely reported since it was announced on Friday. Under the deal, the Native American tribe will receive a one-off payment of $13.75 million from Allergan, then annual royalties of $15 million. Over the lifetime of the assets concerned that could represent hundreds of millions of dollars – a sum which demonstrates just how valuable the pharma company believes those patents to be and how important it is they are kept away from the eyes of PTAB judges.

[...]

Because make no mistake, what is at stake here is not just the fate of six Allergan patents and some others owned by US universities, but the entire future of the PTAB as a viable tool for defendants to challenge patents asserted against them, or ones that they fear may be asserted in the future. Put simply, if Allergan can reach an agreement with a Native American tribe to protect its assets from PTAB scrutiny, so can every other patent owner in the US, operating in any kind of industry.


So basically, they're exploiting indigenous people to shield a bunch of patents. It's as dodgy as Hell and probably an insult to indigenous people, whose Traditional Knowledge (TK) is constantly under attack by patents, trademarks, etc.

In other news, also from Monday, this self-promotional blog post with an odd title (super-long headline) is trying to scandalise PTAB with statements like "PTAB Mocks Alice Supreme Court" (the very opposite is true). It's as if they try to incite the Supreme Court against PTAB ahead of the decision on PTAB...

They promote this nonsense elsewhere and it ends with "Anticipat Practitioner Analytics does just this. Click here for a free trial."

What's it all about? No scandal at all. To quote a couple of portions:

In ex parte Lynch, Appeal No. 2016-002985, the Board reversed a Section 101 rejection, holding that the claimed invention provides an improvement in the functioning of the computer. Specifically, the claimed invention allows a user to register for new websites without entering all of their information each time, but with the option of modifying the information if necessary. The Board seemed to acknowledge that the claims were directed to an abstract idea under step 1. But the Board held that the claimed conventional computer components when considered as an ordered combination do include an inventive concept sufficient to render the claims eligible for patenting. Finally, in an apparent mocking of the Supreme Court, the Board concluded that the claims include the talismanic inventive concept.

[...]

This case shows that abstract idea rejections are still tricky. But as shown here, it is not fatal to patent-eligibility for claims to recite conventional computer components as long as the ordered combination provides a specific improvement. This shows that understanding which legal authority relied on by the Board can be important in knowing how to reverse Examiners in other applications.


So basically, in short, just because PTAB sometimes overturns/reverses a Section 101 rejection the above would have us believe that it "Mocks Alice Supreme Court" (to quote the headline). The common criticism of PTAB, courtesy of the patent microcosm, is that it's overaggressive in applying Alice, so apparently, no matter what it does, the patent microcosm will blindly attack it. "Damned if you do, damned if you don't," as the old idiom or phrase goes. It should be noted that Anticipat's blog is less than a year old. Seems like a fairly new subversive opportunist.

We certainly hope that Justices will pay careful attention to who is opposing PTAB and why. Foes of prior decisions of theirs, e.g. Alice, are those who want to obliterate PTAB (so as to impede enforcement of Justices' decisions).

Recent Techrights' Posts

General Assembly Covers EPO Strikes on Thursday, September 17th (2026)
The EPO's staff representation at The Hague has asked people to join an upcoming online session about industrial actions
SLAPP Censorship - Part 182 Out of 200: UK Dockets With Machine-Generated Applications to the Court (From American Slop Companies)
Earlier this year Garrett was using machine-generated output as legal papers and submissions
 
IBM Flying Away to Sweatshops (So Will Red Hat)
Even on Sunday people post about 'leaving' IBM
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026
Microsoft is Laying Off All Year Long (It's Just Keeping Quiet About It)
The issue here is also the media. It's complicit.
MElon's Twitter Takeover Was Meant to Amplify People Like Himself or David Heinemeier Hansson (Slop Pyramid Schemes and Bigotry)
Social control media is not neutral
Microsoft Lunduke of 'Linux Sucks' (and Microsoft Corp.) Tries to Replace GNU/Linux With Toxic Discussions About Toxic Politics
Poisoning the well people drink from
Links 13/09/2026: Republican Campaign Aide Uses Nazi Photo and Convicted Felon is Wielding Power to Stifle Speech
Links for the day
Gemini Links 13/09/2026: Never Settling, Plain Text Digital Life, and Newsgroups
Links for the day
Efforts to Cancel Matt Mullenweg Have Made Us More Sympathetic Towards Mullenweg and More Sceptical of the People Who Run Automattic (Named After Mullenweg)
Mullenweg, unlike Automattic, is not "in it for the money"
Boosters of Omarchy Are No 'Underdogs'
There are many Arch derivatives that do not rely on "viral" marketing in MElon's child porn-pushing social control media and are instead relying on real development, not slop
PIPs Are a Setup: They Set Workers Up to Fail While Working Their Arse Off Before Getting Kicked (Out) in the Arse
Malicious and exploitative
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026
Televisions Have Become Billboards
Bottom line: you get what you pay for
Mass Layoffs at Microsoft as "Voluntary Separation Agreement" (or PIP)
the man who kept lying about the layoffs has just left the company
The Cyber Show on Media Clickbait About Slop as 'Existential Threat' and Derek Thompson's Response to That
Ignore the hype, focus on real news
Links 12/09/2026: "Revolt Is Here" Against Slop and "Top Chinese Court" Cracks Down on Slop That's Fake/Misleading
Links for the day
Gemini Links 12/09/2026: Rants About Slop, Switching From QWERTY, and Why TVs Are 'Cheap'
Links for the day
SLAPP Censorship - Part 180 Out of 200: A Third Act, (Mis)Using Your Client's Application to the Court for Your Own Purposes as a Law Firm (Reputation Management and Censorship)
How much can a lawfare firm get away with?
Canonical Has Withdrawn Ubuntu 24.04.5 Installer Due to a Critical Bug Connected to Microsoft-Controlled Restricted Boot and TPM
already breaking systems running GNU/Linux [...] Who asked for TPM in Linux?
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026