Bonum Certa Men Certa

Support for PTAB is Growing and US Congress Will Tackle Native American Tribes' Misuse of Immunity in Two Days

The relevant subcommittee is led by Darrell Issa of California

Darrell Issa Photo in the public domain, via Wikipedia



Summary: The Patent Trial and Appeal Board (PTAB), which is responsible for eliminating patents that should not have been granted by the USPTO, will receive additional support from US politicians (the House Judiciary Committee), who 3 days ago said that they would address attempts to dodge scrutiny

THE improvement in the US has seen the climate of patent litigation coming to a standstill. Many companies no longer bother suing (unless they're certain their patents are strong and defensible).



The other day Joe Mullin wrote about the EFF's success story after the EFF had written a post about it (on Halloween). It's a success story for PTAB too, as an inter partes review (IPRs) affirmed the EFF's assertion that the patent had been wrongly granted. To quote:

Even spookier than a Halloween costume is a patent that just won't die.

But it looks like a once-scary patent—Personal Audio LLC's ridiculous claim to own podcasting—is finally gone. Personal Audio has been making headlines for years now, especially after it started threatening podcasters and became the target of an EFF crowdfunding campaign to raise funds to knock it out.

EFF used that money to file an "inter partes review" at the US Patent Office, which knocked out the patent in 2015.


Inter partes reviews don't always result in invalidation. There's a panel of experts (technical people) and a judge deciding on such matters.

FatPipe, which was mentioned here a couple of weeks ago in relation to PTAB, is an "inventor and holder of multiple patents for software-defined networks," by its own description. Over the past week it spent a lot of money to disseminate this press release across many sites (e.g. [1, 2, 3]) only to say that a patent was upheld. The summary says:

Key Claim covers multi-line session and packet load balancing, over disparate networks, one of the main aspects of SD-WAN


What is good about this case is that it helps debunk accusations that patents are just being thrown away without proper assessment. That's simply not true and various firms spend money dissemination all sorts of press releases bragging about new patents and a total number of patents. Not all press releases are marked as such; IP Pro Patents, for instance, a site we habitually name for dodgy behaviour, has just published this marketing spam for Fish & Richardson (a firm often involved in patent trolls' cases). It's a great example of articles that aren't. Either way, PTAB is becoming a hotly-debated subject (almost more so than court cases) and it's expected that the US Congress will soon take action in support of PTAB. This was futher reaffirmed by Jan Wolfe (Reuters) on November 2nd [1, 2, 3]. He wrote a report to say this:

A U.S. House of Representatives subcommittee on Thursday called a Nov. 7 hearing on the legitimacy of an agreement between drugmaker Allergan Plc and a Native American tribe intended to shield patents from administrative review.

The House Judiciary Committee's subcommittee on intellectual property, chaired by Republican Representative Darrell Issa of California, said in a statement that the hearing would include testimony from four experts on patent law, including a former in-house attorney at drug company Johnson & Johnson and a lawyer with a trade group representing the software industry.

An Allergan spokesman declined to comment on whether the company would send any executives to the hearing.



This was later covered by another high-profile site, bearing the headline "House committee to hold hearing on patent rights for Native American tribes" and stating:

The hearing has become necessary after a drug company named Allergan [corporate website] entered into a contract with the St. Regis Mohawk Tribe [official website] in which Allergan transferred a number of patents to the tribe in exchange for an exclusive license for the patents. The tribe then claimed that due to its sovereign immunity, the US Patent & Trademark Office [official website] has no jurisdiction to hold inter partes review (IPR) hearings against the patents. The IPR hearings are used to invalidate patents. Allergan is also filing lawsuits against competitors for violating the same patents that cannot be invalidated by the IPR hearings. SRC Labs LLC has also transferred patents to the same tribe and are suing Amazon and Microsoft for violating those patents.

[...]

Chairman Goodlatte has stated that the hearing is necessary to ensure the patent system protects and promotes American innovation. Subcommittee Chairman Issa stated the hearing is important to ensure that sovereign immunity is not being used to "game" the system to shield patents from checks and balances.


This is very good. Congress, judges and even large companies support PTAB. Soon it will be the Supreme Court (we hope). The EFF's Vera Ranieri commented on the CCIA's submission to the Supreme Court (in support of PTAB, obviously). She said: "I'm really interested to read @CCIA's Oil States amicus, written by John Duffy. Section II is an interesting and intriguing take" (there's a screenshot there).

From the official statement of CCIA: (via)

The Computer & Communications Industry Association joined a Supreme Court amicus brief filed Monday evening in a patent case that is being closely watched by the thousands of companies sued every year by those abusing the patent system.

The case will determine whether inter partes review (IPR) is constitutional. CCIA and others believe IPR is a crucial tool to fight poor quality patents, which are often used in abusive litigation.

For additional information, please see CCIA Patent Counsel Josh Landau’s blog post today.


We mentioned it before, in conjunction to the one important submission from the EFF. With such widespread and bipartisan support for PTAB we expect Justices to see that opposition to PTAB comes mainly from the litigation 'industry' and the patent trolls' lobby. ⬆

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