Bonum Certa Men Certa

Oil States Decision is Approaching and So Does Strategic Smearing of the Patent Trial and Appeal Board (PTAB)

Recent: Where Opposition to the Patent Trial and Appeal Board (PTAB, AIA) Has Come From Over the Past Week If Not Year

United for Patent Reform letter



Summary: With the Oil States decision expected some time in the coming weeks (or few months), the anti-PTAB lobby gets a little louder again and there are responses to it, such as the letter above

THE value of software patents is being diminished if not outright decimated by Alice. This is a good thing. The USPTO has become more selective, PTAB ensures that examiners do their job properly, and courts mostly agree with PTAB when they affirm rejections of abstract patents.



"So rather than call it "STRONGER Patents Act" why not just call it "ABOLISH PTAB Act"?"The patent trolls' lobby isn't happy; it's still trying to offer tips for dodging PTAB, it selectively covers a reversal of PTAB decisions, which is the exception rather than the norm ("The Court reversed a PTAB decision invalidating Power Integrations’ U.S. Patent No. 6,249,786 (“the patent”) as anticipated because the Board’s decision was based on an unreasonably broad claim construction.") and Steve Brachmann from Watchtroll is promoting an anti-PTAB bill only hours after the site had cherry-picked a reversal of a PTAB decision. Brachmann says, by his own admission: "Most of the STRONGER Patents Act deals with both inter partes review (IPR) and post-grant review (PGR) proceedings used to challenge patent validity at the PTAB."

"The patent trolls' lobby does not really think it'll ever pass (it said this repeatedly), but these people still try."So rather than call it "STRONGER Patents Act" why not just call it "ABOLISH PTAB Act"? Because PTAB is widely supported by just about everyone except law firms and patent trolls (along with a few pharmaceutical giants)? The words "STRONGER Patents" are just pure marketing and in reality the bill strives to weaken patent, i.e. reduce patent quality. We wrote about that several times last year.

The patent trolls' lobby does not really think it'll ever pass (it said this repeatedly), but these people still try. At best, what they might accomplish here is a sort of publicity stunt just in time for Oil States. Richard Lloyd from the patent trolls' lobby (IAM) is the latest to push this anti-PTAB bill ("STRONGER Patents Act") and he wrote the following yesterday:

Patent legislation was firmly back on the agenda last week with the introduction of a version of the STRONGER Patents Act in the House of Representatives and a bill introduced in the Senate to extend the USPTO’s fee-setting authority. The House version of the STRONGER Act is largely the same as the bill introduced in the Senate last year and which has been championed most actively by Senator Coons and supported by the bio and pharma communities and advocacy groups such as the Qualcomm-backed Innovation Alliance.


We wrote about who was behind this bill exactly one week ago and it's clear that just about every technology firm is firmly against it. United for Patent Reform, representing so many companies that it took 3 pages just to list them, said: "The STRONGER Patents Act would damage American innovation and undermine vital congressional reforms that American businesses have relied on to fight patent trolls. Read our letter to Rep Steve Stivers and Rep Bill Foster..."

It's a PDF, so we made a screenshot of it.

"There are actually some people in the patent microcosm who are delusional enough to repeatedly and publicly suggest that patents and patents alone (they mean AIA) is the cause for the decline of the US; they often use "China!" as a dog-whistle.""The STRONGER Patents Act will only distract Congress from the real problems facing the U.S. patent system and plaguing the American economy," Benjamin Henrion quoted from it.

There are actually some people in the patent microcosm who are delusional enough to repeatedly and publicly suggest that patents and patents alone (they mean AIA) is the cause for the decline of the US; they often use "China!" as a dog-whistle.

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
 
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
"But Corruption is Everywhere"
"We'll always have Polio..."
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day