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

Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
XBox Being Discontinued, Some Models of XBox Canceled, Not on Sale Anymore
First some of the largest retailers quit stocking/selling XBox, now a 2TB model is axed
Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
 
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026
Links 26/06/2026: SoftBank Forbids Mentioning That Slop is a Scam, "'We Need Courageous People' to Combat Greed and Corruption"
Links for the day
Gemini Links 26/06/2026: "Negativity of Reddit" and "Moving Blog to Gemini"
Links for the day
Same MIT Site That Fabricated the Fake News for IBM is Still Being Paid to Produce Fake "Reports" That Prop Up a Ponzi Scheme
If this is the media we deserve as a society and believe keeps us informed, then we are all doomed
'Social' Slop: The Social Control Media and Slop Crises Are Converging
Social Control Media and slop may have a shared fate. People will shun them both.
Union Syndicale Fédérale (USF) Speaks Out Against Campinos and Informs the Chairman of the EPO Administrative Council
Does Mr. Kratochvíl pay any attention at all?
'António the Pretender' Campinos is Digging His Own Grave With Grotesque Lobbying Intended to Undermine Democracy in Europe's Second-Largest Institution
One way or another, the EPO will never be the same again
The Principle of "Do No Harm"
"Do No Harm" is a common saying
After Years of Bluewashing People Who Are Still Labelled "Red Hat" Suddenly 'Leave' (Might be PIPs), IBM in "Forever Layoffs" Loop
Remember that Red Hat had mass layoffs this year
Microsoft Staff Bracing for Impact Ahead of "Layoffs Lottery"
some people start to assess who will get culled next
Donald Trump and IBM's CEO: Twins Separated at Birth, Saturating the Media With False Reports About Things That Don't Exist
Every "journalist" that went ahead with this fake news should be sacked on the spot for a rejection of fact-checking
The Register MS Will Become Indistinguishable From Spamfarms at This Current Pace
Follow the money...
Microsoft Layoffs Have Already Begun in Its PR Department
It is called Waggener Edstrom
Techrights Community as Litigants in Person (LIPs)
Unwittingly and due to circumstances we're had to step in to protect women abused by monstrous men who lack empathy
European Patent Office (EPO) Series: Rest and Recuperation on the Adriatic Coast
The EPO President's connections with the Croatian SIPO date back to his days as head of the EU trademark agency EUIPO
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026