Bonum Certa Men Certa

Patent Trial and Appeal Board (PTAB) Foes Manipulate the Facts to Belittle the Impact of PTAB



Bulb



Summary: In an effort to sabotage PTAB with its inter partes reviews the patent microcosm is organising one-sided events that slam PTAB's legitimacy and misrepresent statistics

THE Patent Trial and Appeal Board (PTAB) is loved by everyone except those whose entire business [sic] model is litigation. This isn't exactly surprising and hopefully the Justices have already grasped that. In a matter of months they will likely cement PTAB's role in the USPTO.



The patent 'industry' isn't happy. It's not supposed to be happy. It's a parasite.

A short while ago Managing IP published "Michael Shore vows to “take a wrecking ball to the IPR system”" -- an article in which Michael Shore, an architect of a "scam" or a "sham" (he schemed to misuse tribal immunity), is portrayed as anything but a con artist. Speaking to the aggressors and sharks at IP Dealmakers Forum, he thinks this behaviour of his is normal and acceptable:

The lawyer behind Allergan’s controversial transfer of patents to a Native American tribe said at the IP Dealmakers Forum that other companies are “lining up to do deals” and that universities’ endowment funds are interested in getting involved. Shore outlined why he believed these types of deals are here to stay


It's one of those echo chamber-type events. It's stacked/loaded with PTAB foes. These people aren't doing so well. Their business is certainly diminishing. It looks, for example, like a lot of IAM staff left quite recently. About half the names (of writers) are gone in just a matter of months. Is this patent trolls' lobby dying with the trolls?

Yesterday, Fenwick & West, proponents of software patents in the US and elsewhere, braced hands with the patent trolls' lobby (IAM et al) in this PTAB-bashing article which is based on an IAM event. To quote: "So we see some evidence supporting both sides of the argument. But that doesn’t mean we should give up on trying to draw meaningful conclusions from these facts. Many factors go into a bull or bear market, whether in the technology sector or otherwise. Even if the investors speaking at the IAM 2017 conference provide only anecdotal evidence, still it is evidence that is directly relevant to the issue at hand: whether the threat of narrowed patent protection drives investment away from the U.S. The views expressed by the IAM 2017 investor speakers seem intuitively reasonable."

IAM would cherry-pick what suits its funders and target audience, i.e. patent predators.

Statistics actually do matter (contrary to the headline, "Did you hear about the statistician who drowned in a lake with an average depth of two feet?") and they suggest growth for PTAB, little success for patents on software and so on.

It's not about belief and prayers as these would not improve one's chances in litigation.

Earlier today saw Rothwell, Figg, Ernst & Manbeck, PC (Jenny L. Colgate and Eric Blatt as the writers) commenting on PTAB in relation to the patent troll Uniloc. This troll lost its software patents very recently. Here is what they wrote: "A petitioner in an inter partes review may request to cancel as unpatentable one or more claims only on a ground that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications. This is expressly set forth in the statute, 35 U.S.C. €§ 311(b). Notwithstanding this limitation, there are creative ways to bring other challenges, such as written description challenges under 35 U.S.C. €§ 112, €¶ 1, before the Patent Trial and Appeal Board (“PTAB”). And there are good reasons for doing so. Notably, PTAB judges, unlike district court judges that would otherwise preside over €§ 112, €¶ 1 arguments, have technical expertise—and in some cases, prior patent prosecution experience—and, consequently, are typically more receptive to hyper-technical arguments. [...] In Uniloc, the Petitioners (Sega et al.) had challenged the claims of U.S. Patent No. 5,490,216 (“the ’216 Patent”) as being anticipated by U.S. Patent No. 5,509,070 (“Schull”). Because Schull had an effective prior art date later than the provisional applications to which the ’216 Patent claimed priority, the Petitioners’ anticipation theory could only prevail if the Petitioners were successful in defeating the priority claim to the provisional applications. The Petitioners did not, however, present a conventional €§ 112, €¶ 1 argument that the claim elements were not disclosed in the provisional applications. Instead, the Petitioners argued that a claim recitation calling for a “unique ID generating means” was properly interpreted as a MPF limitation under €§ 112, €¶ 6, and that the provisional applications merely disclosed the claimed function and did not describe the structure (i.e., an algorithm) for performing that function. The PTAB and the Federal Circuit agreed with the Petitioners’ analysis, and held that the priority claim was ineffective because the priority documents did not comply with the requirements of €§ 112, €¶ 6."

PTAB and the Federal Circuit have both, in this case, put an end to the troll's weapon. This is exactly why the patent 'industry' is so angry at PTAB and Dennis Crouch, a closeted supporter of trolls, carried on with his PTAB bashing earlier today when he cherry-picked yet another patentability affirmation (those are in the clear minority). "The PTAB instituted review," he said, "but ultimately affirmed patentability of the claims – although with a changed claim construction in the final decision."

Don't be misled. Like the aforementioned IAM propaganda, what they try -- and maybe succeed at doing -- is tilt the expectation of patents being upheld as valid.

Recent Techrights' Posts

Lies Need to be Corrected
the Court never invited us
Slopwatch: Guardian Digital (linuxsecurity.com), Slashdot, Google News, and More
Maybe one day, once the bubble pops completely, Google News will just outright delist all slopfarms
Lufthansa Modern Slavery, Joerg Jaspert (ganneff) & Debian NSB Softwareentwicklung charade
Reprinted with permission from Daniel Pocock
Links 16/10/2025: US Starting More Trade Wars With China, CIA War on Venezuela
Links for the day
SUSE Blog is Still LLM Slop, Marketing Manager at SUSE Cannot Write
Would you buy from a company or seek support from a company that cannot even write (or fakes writing)?
Pretend You're Not Dead: Microsoft Spent Almost Two Decades Rebranding Things as "Cloud, Then "AI", Now "XBox" and "Quantum"
"AI" bubble pops, Microsoft harping about "quantum" already
IBM Allegedly Found New Tricks for Silent Layoffs: LPI, Then MIS (Not PIP)
Remember that "Red Hat layoffs" won't be reported after the bluewashing
Links 16/10/2025: Red Lines and Feeding of Microsoft Trolls
Links for the day
MIT as a Propaganda Mill of GAFAM, Paid by GAFAM
"the news" today
Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day
Links 15/10/2025: Qantas Airways Loses Control of Sensitive Data and Software Patents Are Being Thrown Out
Links for the day
Vista 10 is 'Dead', Here's Why People Should Move to GNU/Linux (or the BSDs)
Today we try to make an outline of reasons move away from Windows to GNU/Linux
Our Sites Continue to Improve
LLM slop has had no noticeable impact on us
Gemini Links 15/10/2025: Neovim, Helix Compared and Gemlog.blue Now Closed
Links for the day
Links 15/10/2025: Mass Layoffs at Amazon, OneDrive Spyware Revved Up, More 'Gen Z Protests'
Links for the day
The EPO's Staff Engagement Survey 2025 is Already Tainted by Intimidation by EPO Management (Trying to Influence Outcomes by Scaring Genuine, Honest Critics)
"[W]e have received reports that, following the previous survey, teams with negative responses were reproached or questioned about their answers..."
The DDoS Attacks by Microsoft's Scam Altman and Other Slop Charlatans and Frauds is Hurting the FSF, Delinking It From Copyleft Projects
This impacts a lot more than access to the licences
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock
Many Developers Have Many Political Views, They'll Never Agree on Everything
It's an effort to divide and destroy, not build
Gemini Links 14/10/2025: An Opportunity to Consider GNU/Linux and Another Simple IRC Client
Links for the day
Slopwatch: UbuntuPIT, LinuxSecurity, Google News, and the Serial Slopper Brian Fagioli
Nothing of merit here, just more slop
Links 14/10/2025: Lack of Trust in Slop and "Retirement Challenges"
Links for the day
EPO Staff Can Go Listen to Richard Stallman Next Week in Munich (Technical University of Munich, Rudolf-Diesel Hörsaal (MW2001) on Campus Garching at 18:00)
"The talk is open to the public and attendance is free. Registration is not required."
Rhonda D'Vine, Gerfried Fuchs, Pronouns & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
At IBM, Relocation Means Layoffs (Downsizing)
Silent or 'invisible' layoffs?
Central Staff Committee of the European Patent Office (EPO) Warns That EPO Management is Robbing or Manipulating Pension Funds Again
Faking "growth" is just about as bad as forgery
Probably a Lot Worse Than LLM Slop: GNOME Tying Itself to Divisive Politics, Even Where It's Clearly Not Relevant
Something has gone terribly wrong in GNOME
Links 14/10/2025: Microsoft OneDrive Scanning Faces in Photos (Without Asking First), "OpenAI Says It Will Move to Allow Smut"
Links for the day
They Generally Don't Like Scholars, as They're Less Compelled or Pressured to Repeat What Corporations and Oligarchs Say
People who loathe scholars have an agenda in mind that, unlike that of reasonable people, revolves around controlling people
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
Belated New Article About Last Thursday's Lecture by Richard Stallman in Helsinki, Finland
there are good reasons to pay with cash, not limited to privacy
Attacking Richard Stallman Has Become 'Career Suicide'
If you're going to viciously attack somebody, make sure your arguments are rock-solid
Microsoft's Failing XBox Business Has Turned Games Into Funerals
How does it feel to depend on Microsoft?
Yesterday's "Distinguished Lecture" by Richard Stallman Possibly Attended by Close to 1,000 People
The capacity of the place is about 900
Slop Poisons Everything
Imagine wanting to find what Torvalds has just said or what has just been released
Taking Software Freedom 'Mainstream'
interest in Software Freedom must have grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 13, 2025
IRC logs for Monday, October 13, 2025
Gemini Links 14/10/2025: Ada Lovelace Day, Sony CLIE PEG-TG50 Review, Why to Avoid Network Solutions
Links for the day
Richard Stallman (RMS) Announced His Talk Less Than 24 Hours Before It Took Place and Still Filled Up the Auditorium at Sapienza Università di Roma
Photos from yesterday evening [...] It looks like it was a very successful event