Bonum Certa Men Certa

Patent Trial and Appeal Board (PTAB) Under Attack by the Patent Trolls' Lobby Ahead of Congressional Intervention

Bryson on IPRs
Judge Bryson on Inter Partes Reviews (IPRs)



Summary: Tribal immunity is being misused by patent predators -- a serious issue which has come under profound scrutiny; those who profit from extreme litigation, however, hope that such immunity can undermine PTAB altogether

THERE is going to be a hearing today (background here) regarding PTAB and immunity from it. The PTAB bashers have not forgotten and one of them has just said that "PTAB Request Amicus Support for its Decision on Immunity". To quote:



In what appears to be a first, the Patent Trial & Appeal Board (PTAB) has requested briefing from Amacus Curie on the question of whether Tribal Ownership of a patent immunizes the patent from Inter Partes Review (IPR) challenge. The case is Mylan v. Saint Regis Mohawk Tribe, IPR2016-01127 et al.


We suppose that the US Congress will put an end to this thing, which many called a "scam" and a US judge recently called a "sham".

"We suppose that the US Congress will put an end to this thing, which many called a "scam" and a US judge recerntly called a "sham"."Meanwhile, Watchtroll keeps attacking (yes, this week also) companies that support PTAB by calling them "efficient infringers" (second time it calls Facebook that). PTAB bashing can also be seen in Twitter. This one jokes that "PTAB admits didnt bother checking claims in original patent decision to see if matched "abstract idea" : https://anticipat.com/research?id=93251 … farce?"

It cites the anti-PTAB Anticipat. What's worth noting is that all the above are proponents of patent trolls. They just cannot stand the idea of quality control or extra hurdles that assure patent quality/justice. We expect that to further intensify in the coming months as they attempt to influence the decision of the Supreme Court.

"What's worth noting is that all the above are proponents of patent trolls."Speaking of PTAB bashing, ITC has earned a lot of negative publicity for disregarding PTAB rulings as though ITC is above the law itsef. It helped Cisco embargo its competition using patents that PTAB had already found to be invalid and there's this new article about it and it says: "In Cisco Systems, Inc. v. ITC, No. 16-2563 (Fed. Cir. Sept. 28, 2017), the Federal Circuit affirmed the Commission’s exclusion order entered in Certain Network Devices, Related Software and Components Thereof (I), Inv. No. 337-TA-944.

"In the 944 investigation, Cisco filed a complaint asserting that Arista infringed five of its patents. ALJ Shaw found that Arista infringed three of the five patents at issue, and the Commission affirmed. Both parties appealed, and the Federal Circuit affirmed the ITC’s determination. The Court agreed with the Commission’s claim construction and concluded that it had made the necessary findings."

"The country needs to foster science and technology, not trolls and scammers."What we then have is the pretense that software patents are "a combination of hardware and software" -- a very common but disingenuous tactic. To quote the closing words: "When an asserted patent covers a combination of hardware and software, the ITC can enter an exclusion order against hardware components imported by a respondent that are specifically designed to be combined with software in the United States."

ITC deserves a serious legitimacy crisis if it continues to refuse to obey/respect PTAB's decisions, leaping to embargoes before justice is done (or after it's done but in defiance of it).

We certainly hope that US politicians and judges (even Justices) will see how absurd a situation it is and who benefits from it. The country needs to foster science and technology, not trolls and scammers.

Recent Techrights' Posts

Where Microsoft's Bing Cannot Even Reach 1% "Market Share"
Looking at "I" countries
Links 16/02/2026: Barack Obama Responds to Racist Cheeto and Benjamin Mako Hill Studies Online Communities
Links for the day
 
Benj Edwards (Ars Technica) Used Fake Articles to Promote Ponzi Scheme for Conde Nast and Its Client (Marketing)
What Ars Technica and Conde Nast do here helps defraud the general public
Slop Technica: Ars Technica Seems Like Repeat Offender, a Part-Time Slopfarm
The culprits are repeat offenders, but the publisher will never admit this in public
Only One in 50 Saudis Would Use Microsoft for Search, Almost Same as Would Use Russia's Yandex
If statCounter is to be trusted
Microsoft's "AI" Concerns Are All Indian (or Low-Paid Workers Who Work Extra Hours Unpaid)
portraying charlatans and frauds like they're some kind of visionaries and luminaries
Microsoft Turned Bing Into Censorship Machine of China, But Bing Is Pegged at a Mere 2% in Asia, Yandex is Bigger
Expect many Bing layoffs some time soon (like in past years)
Just Like The Register MS, Conde Nast's Ars Technica Has Just Publicly Admitted That It Published Fake Articles (Slop) Made by LLMs About Serious Subjects
Conde Nast might shut Ars Technica down to escape the bad publicity/association
Solicitors Regulation Authority (SRA) Way Too Slow to Respond to Financial Fraud at Law Firms, in Effect Helping Those Law Firms Defraud Many More People (Fleecing Clients)
Who will hold the SRA accountable for this?
Techrights Became a Hub for News That IBM/Red Hat Doesn't Want You to See (and Pays Mainstream Media to Distract From)
the more viciously the notorious organisation attacks the reporter, the greater the interest in what the reporter has to say
EPO's Central Staff Committee on Fourth Technical Meeting, Two Days Before First of (At Least) 4 Winter Strikes at the Second-Largest European Institution
“future orientations on the salary adjustment procedure”
IBM's Collapse Continues, Half of EU Countries to Have Mass Layoffs, "IBM Clearly Disinvests From Europe" Says IBM European Works Council
Recent publication
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 16, 2026
IRC logs for Monday, February 16, 2026
Gemini Links 17/02/2026: Alpenglow Industries' Closure and Gemini Server Issues
Links for the day
The Southern California Linux Expo (“SCALE”) or SCALE 23x Becomes Microsoft
It's not supporting the event, it is buying it.
Microsoft to Focus on Name-Dropping Buzzwords to Distract From Declining Business, IBM RAs (Layoffs) With Staff Stack-Ranked
Calling everything cloud or reclassifying as "AI"
Another EPO Strike One Week From Now, Local Staff Committee Munich to Discuss It This Week
Campinos MIA while Office staff goes on strike at least 4 times
Gemini Links 16/02/2026: Task Completed by Avoidance and "Playing Again With Akkoma"
Links for the day
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026
Links 15/02/2026: Slop, Politics, and Gemini
Links for the day
Small is Beautiful (in Cascading Style Sheets/Inheritance Rules)
If done correctly, pages can take a tenth of a second to fully load
Microsoft Has Fallen to New Lows in Hong Kong This Year
That Windows "market share" falls there is perhaps expected
Free Software Foundation (FSF) Raised About 1.5 Million Dollars This Winter, Almost 50% More Than in All of 2024 Combined
Verbal advocacy goes a long way
Spread the Word About EPO Strikes and Patent Injustices in Europe
Corruption in Europe is a real thing
The Register MS is Promoting Slop, Promotion Connected to Microsoft (Trying to Replace Judges With Microsoft)
marketing spun as "science"
He Did Not Have Enough Souls
A lot of the subjects we cover here no other site dares touch
"Mix Vale" is a Slopfarm
3 "articles" about "ubuntu"
Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026