Bonum Certa Men Certa

PTAB Continues to Increase Capacity Ahead of Oil States; Patent Maximalists Utterly Upset

A balloon contestSummary: The Patent Trial and Appeal Board (PTAB) sees the number of filings up to an almost all-time high and efforts to undermine PTAB are failing pretty badly -- a trend which will be further cemented quite soon when the US Supreme Court (quite likely) backs the processes of PTAB

THE subject we've been writing a lot about in recent years concerns the (re)assessment of patents in the US. If some given patent is good and was justifiably granted, then PTAB will let it be; the PTAB, however, is typically approached when there's some questionable patent, especially if that patent starts being used for threats if not actual lawsuits. PTAB helps protect from patent injustices without incurring the costs of a lengthy court battle. And we know who profits from lengthy court battles...



"Recent Patent Trial and Appeal Board developments include filing increasing in February, Managing IP revealing the top PTAB firms, the Board ruling tribal sovereign immunity doesn't apply in IPRs, and some interesting Federal Circuit opinions," Michael Loney summarises a new post behind a paywall. So PTAB hits/reaches "highest total since June 2017," indicating that this year too might be a record year. PTAB breaks new records almost every year. This is something to be celebrated.

The USPTO fixes patent quality over time. It's already being said (projected) that the number of granted patents will have declined by year's end (for the first time in a very long time).

"They will probably attack the Justices quite soon (over Oil States)."Seeing the response to the above, we are not surprised. Patent extremists are upset. Even though their attacks on PTAB have slowed down*, they are looking for something to complain about. They will probably attack the Justices quite soon (over Oil States).

Watchtroll is now latching onto a patent scam of Allergan and the St. Regis Mohawk Tribe just because it hates PTAB so much. As usual, patent law firms wrongly assume that they 'own' the world and attack everyone, including judges, practicing companies, politicians etc. Watchtroll merely repeats something which was noted in Patent Docs days earlier. Patent Docs's Kevin Noonan meanwhile loses his mind over the prospect that the patent scam may soon be ruled illegal by US Senate. Here's what he wrote less than a day ago:

In a development that could moot (once and for all) the controversy over tribal sovereign immunity occasioned by the St. Regis Mohawk Tribe's ownership of patents relating to Allergan's Restasis formulation for treating disorders of the eye, a group of Senators including Tom Cotton (R-AK), Claire McCaskill (D-MO), Pat Toomey (R-PA), Joni Ernst (R-IA), and David Perdue (R-GA) introduced a bill to broadly abrogate assertion of tribal sovereign immunity in any patent-related proceeding.

[...]

Insofar as Congressional authority over tribal sovereign immunity is "plenary," United States v. Lara, 541 U.S. 193, 200 (2004) ("the Constitution grants Congress broad general powers to legislate in respect to Indian tribes, powers that we have consistently described as 'plenary and exclusive'"), and in view of the Senators' politic framing of the issue both as an abuse and a cause of higher drug prices, only the seeming inability of this Congress to pass anything other than tax "reform" is likely to stop the bill from being enacted into law. Perhaps the Supreme Court will rule IPRs unconstitutional in Oil States Energy Services v. Greene's Energy Group, or the pharmaceutical industry or Native American tribes can arrange matters to have naysayers be the last group to speak with Mr. Trump before he is called upon to veto the bill. Otherwise it is likely that this particular procedural gambit has run its course.


Notice how they invoke "Trump"; so basically, they not only support an obvious scam but also rely on/appeal to Trump for help. Are they really so desperate that they wish to associate with those things? _____ * Watchtroll, the main site of patent radicals, is digging really deep (literally thousands of PTAB cases and hundreds of CAFC cases) for anything that can be spun as both being "corrupt" because Oil States is coming and they look for a "scandal". And later in the same day Watchtroll was saying: "The appeal to the Federal Circuit comes after the Patent Trial and Appeal Board (PTAB) affirmed the rejection of claims covering a healthcare product for dogs after deciding that the inventor’s incorporation of a suggestion proffered by a veterinarian entitled the vet to joint inventorship." These two posts about PTAB, both from 2 days ago, were the only such rants in the entire week (so far) -- i.e. a lot less than usual. Momentum of opposition to PTAB is mostly lost.

Recent Techrights' Posts

Slopwatch: Another Offending 'Linux' Site Found (Fake Articles About "Linux"), Postgres/PostgreSQL/PSQL Targeted by FUD from LLMs
It's all slop, as one can suspect
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
Government Sites That Use Centralised CAs Are Still Remotely Controlled by MElon and GAFAM at the Oval Office
Even governments outside the US
Eternal Vigilance
I too received more death threats than I can recall over the years
 
Links 26/02/2025: Microsoft's "AI Value" Bubble is Blowing Up, Starbucks in Trouble as Well
Links for the day
Rumour About IBM Layoffs in the UK
That was 2 hours ago
Links 26/02/2025: Science, Hardware, and Politics
Links for the day
Timeline of Microsoft's 2025 Crisis and Growing Panic
Microsoft already had 3 waves of layoffs this year (not even 2 months have passed)
IBM Consulting: Layoffs Already in Progress
"What are the Deep Blue Thought Leaders World becoming? A rubbish heap?"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 25, 2025
IRC logs for Tuesday, February 25, 2025
Links 25/02/2025: US Backs BRICS at UN, Ukraine's Defence Enters 4th Year
Links for the day
Gemini Links 25/02/2025: Marginalia and LOWWIRE
Links for the day
New Richard Stallman Interview Published by Free University of Bozen-Bolzano a Day After His Talk There
We're not seeing any difficult or controversial questions
The Musk Slipped, Countries Need Digital Independence
What's happening in Germany this month might result in quicker adoption of Free software
Spanish Version of the Free Software Foundation's Book "Introduction to the Command Line"
The "GNU Press Shop [is] temporarily closed"
Dr. Andy Farnell Publishes Second Part of Series About Freedom Fighters (It Started With Richard Stallman)
A few minutes ago Dr. Farnell published the second part
Things That Were Presumed Public Enemy #1 (or Foremost Threat)
The world's most powerful military is now governed by clowns who don't know what the heck they're doing
Microsoft is Admitting That It Has No Viable Business Model, Starting to Experiment
Microsoft's proprietary spyware with ads cannot really compete with Calligra and LibreOffice
Asking Journalists to Pay for Merely Reporting Violent Abuse Against Women (and Telling Them to Kill Themselves)
As regular readers are likely aware by now, for material we published years ago some likely broke man without a proper job (except in a company made up or invented by him) wants money
Bluewashing: IBM Replaces Red Hat With IBM (Bobby Leibrock) at the Top
Based on his education, Bobby is just some suit; he thinks of money, not tech
Links 25/02/2025: Mass Layoffs at Starbucks, Kaspersky Banned on Australian Government Systems
Links for the day
Links 25/02/2025: Strawberry Lemonade, Introducing Fiss, and YouTube Acting Aggressive
Links for the day
UK: Twitter Falls to Lowest Traffic Levels in 5 Years (Start of Lockdowns), Down From More Than 37% to Only 6.5%
Months ago Twitter (aka "X") was blasted by the British government for inciting right-wing violence
Judgment translated to English in FINMA & Debian trademark fiasco
Reprinted with permission from Daniel Pocock
The Brigading (in Social Control Media) Did Not Silence the Creator of GNU/Linux
there are no impending talks at the moment
Confirmed: IBM Layoffs Will Strike Consulting Quite Hard
the flagging of staff is a way to signal to them it's time to go or get the boot
Sami Tikkanen Explains What Happened to Computer Science Education in Finland and Elsewhere
The 'broligarchs', a collective which typically created anything of their own, do not want the general population to possess skills that let it be anything other than passive consumers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 24, 2025
IRC logs for Monday, February 24, 2025
Truth is Not About Appeasing the Feelings of Men Who Hurt Women
True information is just what it is
Links 24/02/2025: Compromised Laptops and EU Shift to the Right (Boosted by Social Control Media Interventions)
Links for the day
Gemini Links 24/02/2025: Politics, Monarchy, and AuraRepo Prism VCS Suppor
Links for the day
Links 24/02/2025: Germany Looks to Distance Itself From US, Environment at Risk, Mass Layoffs at Zendesk
Links for the day
[Meme] It's Over, Microsoft
an obligatory meme
Even Worse Than LLM Slop and Linkspam From UNIXMen
UNIXMen is basically a defunct spamfarm at this point (the author is "sarwarSEO")
Proprietary Software is Bad for Your Health, Not Just Your Finances, Privacy and So On
It would be interesting to see some charts, based on some long-term study, comparing the general health (blood pressure, BMI etc.) of people who use proprietary stuff and people who do not
Gemini Links 24/02/2025: Osiris 0.1.0 Release (File Sharing in Gemini Protocol), NetBSD 10.1 on the Pi
Links for the day
Microsoft Admits Business Perils as Windows Continues to Fall
‘Microsoft missed the biggest business model…’
Technical Specifications at Times of Tyrannies
Specifications (specs) must evolve with the times
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 23, 2025
IRC logs for Sunday, February 23, 2025
In Case Rust Censors It (Rust Has Long Been All About Censorship), Here's a Critical Look at Rust's Goals
In the case of Rust, instead of "the liberation of the digital society" we have empowerment of Microsoft GitHub and of GAFAM in general. Guess who funds this...