Bonum Certa Men Certa

Watchtroll is Back to Attacking Judges of the Patent Trial and Appeal Board (PTAB) Because It Can't Tolerate Justice

Gonzalo P. Curiel
Reference: Gonzalo P. Curiel



Summary: The attacks on judges at PTAB seem to be culminating again, perhaps mere weeks before the US Supreme Court delivers a decision regarding PTAB's patent review process (IPRs)

THE EPO became rather notorious for attacking judges, ignoring judges, and putting a politician (Battistelli) in the position of judge, jury and executioner. This, among other reasons, is why the UPC is dead. Watchtroll of course lobbies a lot for the UPC, probably more than anyone else in the US. UPC is basically a guarantee of sham 'justice', like court proceedings in a language that the defendant does not even understand.

"UPC is basically a guarantee of sham 'justice', like court proceedings in a language that the defendant does not even understand."The USPTO is now (after AIA) aided by judges, who assist examiners in the same way the appeal boards in the EPO help examiners. There's internal scrutiny in the form of the Patent Trial and Appeal Board (PTAB); it helps stop likely invalid patents before they reach a court, incurring huge costs to both plaintiff and defendant (lawyers obviously love such court battles, as they profit from these quite a lot for months if not years, hence they hate PTAB).

Watch this angry attorney blasting PTAB, saying that "PTAB shoots down IBM patent disingenuously under [Section] 101..."

Why disingenuously? This is what Section 101 is for (more on that in our next post). As he himself says and quotes, "algorithm not a technological improvement because "Appellants discovered a mathematical algorithm that uses computer memory in a conventional manner, but uses a relatively smaller amount of it." https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2017008135-03-07-2018-1 …"

"There's internal scrutiny in the form of the Patent Trial and Appeal Board (PTAB); it helps stop likely invalid patents before they reach a court, incurring huge costs to both plaintiff and defendant..."Yes, "mathematical algorithm" is abstract and thus invalid under Section 101. What's disingenuous about that? He fired off another ALL CAPS rant, quoting: "Further, claims involving data collection, analysis, and display are directed to an abstract idea." https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016003283-02-28-2018-1 …"

That makes perfect sense, yet he's furious that -- according to him -- "PTAB continues to distort caselaw" (hardly so! In fact, caselaw comes primarily from CAFC and SCOTUS, not PTAB).

Anyway, these sorts of rants have become so routinary and laughable. It's like a ritual, it's customary among patent maximalists, who keep reaffirming each others' beliefs if not desire to believe that PTAB is some sort of rogue court or kangaroo court or whatever. I recently quit following these people because I worried about their mental state. The ALL CAPS are becoming ever more frequent. We recently saw Professor Crouch making ridiculous cartoons of judges (cartoons that are also racist, potentially pertaining to a judge's Mexican heritage/ancestry). We're appalled and also somewhat surprised that even Crouch could stoop this low. His anti-PTAB posts have been rather one-sided and sometimes rude over the past year. Remember that this is a teacher and a scholar, so to behave like some sort of lobbyist is inadequate and unprofessional. Who does he work for? A university or patent maximalists?

"I recently quit following these people because I worried about their mental state. The ALL CAPS are becoming ever more frequent. We recently saw Professor Crouch making ridiculous cartoons of judges (cartoons that are also racist, potentially pertaining to a judge's Mexican heritage/ancestry)."PTAB is not a rogue court; it's not a kangaroo court, either. It's nothing like FISA/FISC for example. Look at the rejection/acceptance rates and bear in mind petitions target some of the worst of patents. Only a few days ago a press release was issued to say that "[t]he US Patent Office Patent Trial and Appeal Board recently ruled to uphold the validity of WaveForm Technologies Inc. patents in the emerging field of continuous glucose monitoring" (yes, PTAB sometimes defends patents too).

Here is another new example from Docket Navigator. PTAB may soon thwart another act of patent aggression, this time in Carlson Pet Products, Inc. v North States Industries, Inc.

There's a unique twist in this one case (hence Docket Navigator singled it out):

The court granted defendant's motion to stay pending its requests for ex parte reexamination and rejected plaintiff's argument that defendant was engaging in gamesmanship by not seeking inter partes review.


PTAB generally has very competent, technical people, who aren't only jurors but also jacks of many trades (like examiners). The same goes for judges at the EPO's Boards of Appeals. The Chief Judge at PTAB is himself a technical person. He routinely responds to bogus allegations against PTAB and himself, even as recently as a month ago.

Watchtroll great againWell, adding to a new/recent batch of judge-bashing attacks on PTAB, Watchtroll resumes its judge-bashing tirades. He has just published "PTAB Judges Shockingly Inexperienced Compared to District Court Judges" (improper comparison/s for a plethora of reasons).

"We certainly hope that judges at the USPTO (and the USPTO in general, examiners included) understand what they're dealing with here."This is far from the first time Gene Quinn attacks the intelligence of judges. Perhaps realising it would be used against him and the site, he published this response from PTAB's Chief Judge a couple of days later. "The USPTO has provided us with a comment from Chief Judge David Ruschke," Watchtroll wrote after he had once again attacked judges. Remember that it was mostly Watchtroll who repeatedly attacked the USPTO's Director, Michelle Lee. It even propped up truly ridiculous conspiracy theories about her.

We certainly hope that judges at the USPTO (and the USPTO in general, examiners included) understand what they're dealing with here. It's a little mind in an oversized body with an ego no smaller than that of Donald Trump. And if found to be wrong, smearing the judges is always an option on the menu.

Recent Techrights' Posts

Microsoft said “GitHub and its leadership team will continue its mission as part of Microsoft’s CoreAI organisation.” But it's just an empty shell created earlier this year.
In short, it's not too clear what Microsoft has just done except dumping GitHub - i.e. mostly a Web site that loses a ton of money (it always lost money) - into some mysterious new bucket
IBM Layoffs in MCC, or Marketing, Communications and Corporate Social Responsibility (CSR)
IBM and Microsoft inflate their share price by circular financing
The Register MS gets Lazy, Uses Slop
Unlike 3-D renderings or "Classic" CG, slop images aren't quite original and definitely not fair use
Overly Maximalist, Expensive, Localised Patent Law is Dooming Western Companies, Argue 3-D Printing Champions
We've long warned (over 7 years already!) that China's approach to patents will impress WIPO by gaming the totals but will doom the West
Microsoft's Windows in Gabon: Still Moving Down
What is this Unknown? Who knows...
 
Links 19/08/2025: "NASA Is Giving Up on Climate Change Science" and "Earth's Continents Are Drying Out at an Unprecedented Rate"
Links for the day
Phil Wyett evidence & Debian Zizian plagiarism, modern slavery tendencies
Reprinted with permission from Daniel Pocock
In Many Countries People Move Away From Vista 11
Vista 11 has been available for download for 4 years already, but adoption has been poor
Desktops/Laptops Fall to All-Time Lows in the UK, So Why Does British Media Quote a Famous Criminal on "End of the Smartphone Era"?
mobile usage (for Web access) has never been higher, based on an Irish surveyor, statCounter
The Groklaw Web Site Has Been Hijacked by Scammers
Groklaw.net isn't a safe site to access at this time
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 18, 2025
IRC logs for Monday, August 18, 2025
Online Safety Act Does Not Tackle the Worst (and Biggest) Culprits
if our governments are serious about tackling online harms, then they need to look closely at GAFAM and social control media giants
Chat Control (1 and 2) in the European Union Sends the Wrong Message
This is an EU law
Slopwatch: Google News and Serial Sloppers (Fake Articles About "Linux")
Calling out the culprits
Gemini Links 19/08/2025: Digital Legacy and Chat Control
Links for the day
English Law Misused by Americans and Irishmen Against Brits is Unfair
There's always a way to improve existing laws
Links 18/08/2025: "Microsoft Store" Gets Increasingly Hostile, "Cracking Abandonware DRM"
Links for the day
Gemini Links 18/08/2025: Summer "Gone" and Web Reposts in Gemini
Links for the day
Links 18/08/2025: LLM Reputation Damaged, Australia Catches Google Foul Play
Links for the day
Geeks Like GNU/Linux
The technical community seems to be consolidating and rallying around GNU/Linux
GNU/Linux is 486 in Ireland
4.86% that is
End of Reliable Media
it makes the world a worse place, it renders the Web a misinformation machine
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 17, 2025
IRC logs for Sunday, August 17, 2025
GitHub Won't Last Much Longer
Many things at Microsoft are going to go the way of the Skype (or "dodo"). GitHub will be among those.
We've Never Used Large Language Model (LLM)
we just never used an LLM
"Secure Boot" is a Security Problem, Not a Solution
These people don't try to improve security but to undermine security
Gemini Links 18/08/2025: Retro and Endless Escape from the WWW
Links for the day
Working Whilst Away From Home
Decades ago being away meant all sorts of problems associated with workflows and connectivity
The Next Version of Windows Will Always be the Best (for Microsoft)
It's worse and slower over time
"End of the Smartphone Era" According to Jeffrey Epstein's Key Enabler
They call it "sour grapes"
Links 17/08/2025: Strike Downs Air Canada, Postmortems of Putin's Red Carpet Summit
Links for the day
Links 17/08/2025: Slow Tools and Enshittification of YouTube
Links for the day
Don't Talk to Bullies
This serious matter is still being examined by British authorities
Links 17/08/2025: "The Performance of Power" and "My Undesirable Friends"
Links for the day
Growing Our Reach
Our goal was never "hits"
The Russian Vision of Technology
Russia's surveillance is very extensive
Sooner or Later Almost Everyone Will Know "AI" is Just a Go-To, Misused, Misapplied, and Grossly Overused Term of Liars and Con Jobs Who Ride a Ponzi Scheme
At the expense of people gullible enough to "invest" in this or take salaries/bonuses in the form of "stock" (tied to a Ponzi scheme)
The Register MS Has Begun Using Slop Images
It's not clear when it started; but it's definitely getting worse [...] Worst of all are 'articles' about slop that are themselves slop
Reddit Funded by Microsoft
Reddit is merely a filter and we knows who controls that filter (using money)
When It Comes to Technology, Mozilla and Firefox Are Illiberal
Last month in Planet Debian we saw one more person explaining to everyone how to "turn off" DRM in Firefox and hide the pop-up/s
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 16, 2025
IRC logs for Saturday, August 16, 2025
The Open Source Initiative Has Many Scandals, We'll Try to Summarise Them All
Open Source Initiative (OSI) hates facts
Open Source Initiative (OSI), Wikipedia, Molly De Blanc, and Censorship/Reputation Laundering
OSI is like SPLC. The old name remains, the mission changed
Gemini Links 17/08/2025: Misunderstanding "Geminiverse" and Let's Encrypt
Links for the day
Links 17/08/2025: Breaches, Layoffs, and Scams
Links for the day