Bonum Certa Men Certa

PTAB Engages in Patent Justice, But Lobbyists of Patent Trolls Try to Blame PTAB for All the Problems of the US and Then Promote Iancu

Related: Further Scrutiny of Andrei Iancu Shows That He's on Both Sides of Troll Battles and PTAB Battles

Photo credit: The American Lawyer

Andrei IancuSummary: In an effort to curtail quality control at the US patent office, voices of the litigation 'industry' promote the irrational theory that the demise of the US is all just the fault of patent reform

THE appeals (or petitions) at the USPTO are working. Many patents are being invalidated when they lack merit. Thanks to PTAB...



Michael Loney, the managing editor of Managing IP, took note of (and apparently graphed) the effects of PTAB fees going up after all the PTAB shaming. It's no secret that patent extremists have bullied USPTO officials into making PTAB less accessible (less affordable) and as Loney explained: "The increase in PTAB fees on Jan 16 had an impact on petition filing. Spike of 37 petitions on Jan 15 per Docket Navigator. As well as smaller but significant numbers of 18 petitions on Jan 12 and 10 on Jan 11..."

Last year was another record year for PTAB; will that trend carry on in spite of these price hikes? We shall see.

Meanwhile, Loney takes note of Allergan's troubles amid its patent "scam" (attempting to dodge PTAB by misuse of tribal immunity). "There are now about a dozen class-action antitrust lawsuits pending against Allergan", he wrote, "that allege “a multi-pronged effort to block generic versions of Restasis from coming to market.”"

So Allergan not only resorted to patent scams but also let poor people die in the process. We hope that PTAB will soon invalidate all those patents that Allergan is trying to shelter behind tribes. Allergan knows darn well why it's trying to avoid PTAB.

Dennis Crouch also wrote about Allergan. The firm is collapsing, it already faces multiple probes, it is laying off staff and it engages in patent scams. Here is what Crouch said:

There are now about a dozen class-action antitrust lawsuits pending against Allergan that allege “a multi-pronged effort to block generic versions of Restasis from coming to market.

[...]

The outcome of the antitrust lawsuits will at least partially depend upon the pending PTAB IPR proceedings. The patents at issue were invalidated following a bench trial in the E.D.Tex. with Federal Circuit Judge Bryson sitting by designation as the trial court. Allergan has appealed that order.


In this particular case, PTAB does a public service outside the context of patents alone. Allergan's abusive tactics can be stopped by invalidation of key patents.

In other news about PTAB, WiFi One makes another belated appearance. To quote:

The Federal Circuit’s softening of the appeal bar (35 U.S.C. €§ 314(d)) in WiFi One will now allow the Court to consider matters unrelated to the merits of an institution decision, and in some cases, well-established precedent of the Patent Trial & Appeal Board (PTAB).


We already wrote several articles about this case. It is worth noting this comment about the EPO, bemoaning the patent microcosm's rants about PTAB:

Lucky this wasn't a US IPR decision. My ears wouldn't have survived the sonic whine from the "IT'S NOT FAAAIIIIIIRRRRRRRR!!!!" brigade. Aeroplanes would have fallen from the sky and satellites knocked out of their orbits, and all because the spoiled brats are throwing their toys out of their prams.

It is NOT a point of law of fundamental importance. All points of law can have deleterious effects, but luckily I, and many others, have studied my subject. Foresight is a wonderful thing!


PTAB is meanwhile being bashed by the patent trolls' lobby (IAM et al). Yesterday we saw the Conservative, Koch-funded lobbyist Adam Mossoff complaining about lobbying and defending patent trolls, as usual. They have a new tactic; seeing that the US is declining, based on press reports, they blame it all on AIA/PTAB/IPRs. Mossoff wrote: "It is lobbying money like this - and the hundreds of millions these companies have spent lobbying over the decade before 2017 - that created the "patent troll" narrative in D.C. and the resulting moral panic about the fundamental role of #patent rights in #innovation economy..."

Mossoff has long denied that patent trolls are a problem (let alone that they exist). Here is another new example (Moskowitz). To quote: “Score another one for Seoul while Silicon Valley slides. The U.S. dropped out of the top 10 in the 2018 Bloomberg Innovation Index for the first time in the six years the gauge has been compiled. South Korea and Sweden retained their No. 1 & No. 2 rankings.” #AIA #PTAB to blame"

I challenged him on this baseless claim and there's quite a conversation there. He very much refused to accept that other factors played a role in this decline. "This is laughable," I told him, "and a self-serving deception blaming patent reform for US decline..."

He stood firm with his claim nonetheless. IAM soon joined in, arguing things to the same effect. IAM cites the Chamber of Commerce as a source for some drama intended to claim that patent policy (e.g. AIA) has been the cause for a decline of the US. "DC sources tell IAM that Andrei Iancu confirmation vote for @uspto director is expected before mid-February," it said, having also written this blog post about it:

In a confirmation hearing performance that played well with a broad range of stakeholders, Iancu gave every indication of being fully aware of some of the gripes levelled against the US patent system and made a point of calling for balance on more than one occasion. “The accused infringer in one case may be the IP owner in another and a patent owner in one area of technology or science may be a member of the public trying to design around someone else’s patent in another area,” he told the commitee. “The playing field must be even for all.”

[...]

If Iancu is confirmed by the middle of February, then his start in the job will coincide with the US Chamber of Commerce’s launch of its 2018 International IP Index, an analysis of IP regimes around the world in which the US last year slumped to 10th (tied with Hungary) in a ranking of the relative strength of countries’ patent systems. The latest index is due to be published on 8th February and if the US were to slip again it would give Iancu a sense of the scale of the task that he faces.


That last paragraph is pure propaganda from a corporate front group, the Chamber of Commerce.

There is still time to stop this appointment, which is about putting a patent 'industry' mole in charge of the USPTO. It's not hard to envision what he would do.

Recent Techrights' Posts

Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
 
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025