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

Gemini Links 14/08/2026: Slower Internet, Logging Off Made Easy, and Human Code
Links for the day
Links 14/08/2026: "Mystery of Dark Oxygen", People Despise Slop, and Backlash Grows Against Fake Currencies (Energy-Wasting Scam Like Slop)
Links for the day
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026
Gemini Links 12/08/2026: Losing a Child, "The OpenWeb Needs Diversity", and Gmail Woes
Links for the day
Voluntary' Layoffs and 'Proper' Layoffs at IBM This Year
When will IBM management confess that 15% of staff is already marked for potential removal?
Links 12/08/2026: Trouble in Proprietary Chaffbot Company 'Open' 'AI' and Slop "Investors Are Suddenly Quaking in Their Boots"
Links for the day
Daniel Pocock in National News in Australia the Day of the Election
"Posted 20m ago" (Thursday in Australia), it's timed nicely to help illuminate Pocock and give him last-minute exposure
The Register MS Has Just Published Slop Spam for NVIDIA and HP, It Says "AI" 43 Times
As usual, The Register MS ought to be ashamed of itself for participating in it
The Slop Debt (Trillions of Dollars, Money That Does Not Exist) is Causing the Collapse of GAFAM et al
This slop hype will end up like "metaverse", except "metaverse" never ended up justifying trillions of dollars in "investment"
Simpler Means More Reliable
The simple old way of local storage and local backups is still the best
Clownflare and statCounter See GNU/Linux at ~8% in Norway
Norway has long championed GNU/Linux compared to the rest of Europe
Social Control Media is the Opposite of Information
That says a lot about social control media
Clacton manifesto: Reform UK hacking, leaks, raw sewage & 8GB Swiss Archive
Reprinted with permission from Daniel Pocock
statCounter Today: ChromeOS + GNU/Linux Measured at 10.98% Globally (Desktops and Laptops)
Clownflare does not quite refute this
The Register MS Has Just Published Fake Article About Replacing Linux With Proprietary Google System, "Sponsored by ASUS."
All of those things are proprietary GAFAMware
Links 12/08/2026: "X’s Advertising Business Continues to Tank", "Stop Feeding the Billionaires"
Links for the day
Lack of Empathy Rampant in the Sector
Sociopaths are sociopaths. They cannot help themselves
Before the "Big Tech" (That Almost Everybody is Forced to Use) Was Controlled by Men Who Hate Women
Such rejection and even hatred of women qualifies/enshrines oneself as an "incel"- a dangerous and violent online cult
In Defence of Hoarding CDs, More So When Digital Restrictions (DRM) Come to More 'Content' and Even Offline/Physical Media Won't Work When Some Remote Server Says "No" (or Goes Offline)
made to serve and entertain owners, not to allow companies like Sony and Microsoft subjugate owners
Clownflare: In Finland, Birthplace of Linux Kernel, GNU/Linux Now Bigger Than Apple's MacOS
It's not just in Finland where we see such trends
More Mass Layoffs Due to Monumental Debt Excused as "Investment" (in Slop)
They're maxing up the private debt and their country is already insolvent
METRO Interviews Daniel Pocock a Day Before Election
The article is behind a wall that blocks people who block ads
Enshittification More Than a Century Ago
Is enshittification more than a century old?
GNU in 1991 (35 Years Ago): Compiler and Lots More Ready, Linux Now Becoming 'Vibe Heap' (Slop Replaces Real Code)
Without curbs in place, many Linux developers will flee
Company-Wide 'Reorg' ('Redundancies') at IBM, Mark October 1st 2026 in the Calendar
Is Oct 1 the new Apr 1?
SLAPP Censorship - Part 147 Out of 200: The SLAPP Series is 'Slow' Because Timing Matters
It is important to stress that after this series is finished there will be many more series, with some of them showing raw evidence of what we've been illuminating and telling
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day