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

European Patent Office (EPO) Series: The Brotherhood of São Bento
The Palácio São Bento – or São Bento Palace – is the seat of the Portuguese National Assembly in Lisbon
Brett Wilson LLP Reported to Police for Trying to Throw Large Parcel Into Our Home
This morning the campaign of intimidation...
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
The Cyber Show Has "Exciting Guests Coming" and a Gemini Capsule
"Site development is ongoing but now settling into a more stable form"
 
IBM's Quantum Bubble Already Deflating
Shares down over $55 in a few days
SLAPP Censorship - Part 101 Out of 200: Women Come to Realise They Don't Wish to Participate in Attacking Vulnerable Women
It relates to another topic that we shall be covering in the coming weeks
Links 08/06/2026: Proprietary Loaded With Security Holes, Armenia Defies Russia
Links for the day
Gemini Links 08/06/2026: NetHack 5.0.0 and Slop as Cannibalism
Links for the day
Links 08/06/2026: "Rising Emissions, Depleting Water" Due to the Pyramid Scheme of Slop; "Canada Needs to Rebuild Public Telecoms"
Links for the day
GAFAM Bots Are Not "Good Bots"
There's nothing "Good" about Google
Links 08/06/2026: Criticism of Microsoft Trying to Criminalise Pointing Out Bug Doors, TikTok Now "Climate-Denying Social Media App"
Links for the day
GNU/Linux Measured at 10% in Liechtenstein This Month
it seems like statCounter wrongly classified some GNU/Linux clients as Mac clients and is now issuing a correction
Communicating With Freedom - Part III - Quibble Envisioned as a New and Easily Accessible Communications Platform Based on LibreJS
the FSF really needs to become more active if not proactive in promoting those sorts of things
Clownflare Says Majority of Web Traffic is Now Bots, But the Net is Another Story
Bots are to Clownflare what lawsuits are to lawyers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 07, 2026
IRC logs for Sunday, June 07, 2026
The Strikes at the European Patent Office Planned to Carry on for the Entire Year, Maybe Future Years as Well
There's a cautionary tale somewhere
Number of Patent Grants Has Plunged 23% Amid Strikes at the European Patent Office, Today There Are More Strikes (Strike Participation at Over 3,000, More Than Doubled Since Winter)
There is a growing crisis at the European Patent Office
E.E.E. Still Ongoing, the War on Copyleft/GPL Enables That
It also imperils security.
Gemini Links 07/06/2026: Lynx in the 'Modern' Web and 'Overcooked' (Plagiarised by LLM) Code
Links for the day
Links 07/06/2026: Java Needs Seawall, Egypt Blasted for Arbitrary Detention of Activists
Links for the day
SLAPP Censorship - Part 100 Out of 200: Interlude and Outline of the First Half, 3+ Months That Got Us Death Threats Connected to Brett Wilson LLP (and Cyber Attacks That Are Difficult to Attribute)
This week we plan to have a good time
Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
Links 07/06/2026: NASA's Mars Maven Declared Dead, Telegram Founder Pavel Durov Bemoans Russia's Crackdown
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 06, 2026
IRC logs for Saturday, June 06, 2026
Gemini Links 07/06/2026: How to Train Your Dragon (2010) and "Six Days of Play"
Links for the day
Links 06/06/2026: 'Epstein Problem' in Board of Directors of Microsoft, Surveillance Giant Google Under Legal Threats for Online Misuses
Links for the day
Software Freedom Takes a Lot More Than Coding
some of the roles in the Free software community that don't receive (m)any grateful words
Ubuntu is Losing to Other GNU/Linux Distros
"Linux Mint"
Old Articles Explaining That Patents - Especially Software Patents - Are Bad for Innovation
We've omitted more than 50% of the articles we had gathered as candidates for inclusion
European Patent Office (EPO) Crisis: Huge EPO Strikes, Profound Corruption, and Cocaine Use by Managers Tolerated
These strikes won't be ending any time soon
Why GNU and FSF Will Choose AV1 Over AV2 (It's More Widely Supported)
for the foreseeable future they'll stick with AV1
Mass Layoffs (RAs) and PIPs (Excuses to Sack) at IBM: Insiders Tell No Relation to Actual Performance
If many thousands are impacted by this, then certainly it is newsworthy
Links 06/06/2026: LinkedIn Infested With Spies, Ethernet WiFi Router On Pi Pico 2W
Links for the day
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026