Bonum Certa Men Certa

Oil States is a Lost Cause for Enemies of the Patent Trial and Appeal Board (PTAB); Now They Push Droplets v Iancu Instead

The US Supreme Court (SCOTUS) has been restoring patent sanity in recent years and judges must adapt. The Eastern District of Texas (EDTX, or TXED below) remains the outlier.

Docket Navigator chart
Image credit/original: Docket Navigator



Summary: The latest PTAB news and updates from courtrooms where frivolous litigation with low-quality patents carries on

THE Oil States decision will come soon (Supreme Court 2018). It'll likely be a depressing one for the patent microcosm, or one they'll attempt to spin. For the USPTO it'll mean more of the same, i.e. PTAB correcting and affirming examiners.



"The Oil States decision will come soon (Supreme Court 2018)."The anti-PTAB brigade has been SLAPPing us recently; it does not wish to be criticised. The anti-PTAB brigade also tries to bring another anti-CAFC or anti-PTAB or anti-IPR case to the Supreme Court (in essence defending bogus patents from scrutiny). Yesterday Patently-O promoted Droplets v Iancu, heralding this "new petition for writ of certiorari questions the extent that the Federal Circuit can affirm a PTAB IPR decision on grounds different than those relied upon by the Board."

Seems like nitpicking. Why should judges not be able to go further than PTAB? If a patent is deemed bogus, then so be it, based on the underlying evidence. What ultimately matters is patent justice. To lawyers, however, justice isn't what's most profitable, hence their PTAB bashing is likely to carry on.

"What ultimately matters is patent justice. To lawyers, however, justice isn't what's most profitable, hence their PTAB bashing is likely to carry on."Yesterday we saw Robert Jain from Unified Patents announcing a new milestone, having disarmed a patent troll called Pen-One. "On April 4, 2018," he wrote, "the Patent Trial and Appeal Board (PTAB) instituted trial on all claims in an IPR filed by Unified against U.S. Patent 7,281,135 owned and asserted by Pen-One Acquisition Group, LLC, an Equitable IP subsidiary and a well-known NPE. The '135 patent, directed to an identity verification system, has been asserted against such companies as Apple and Samsung."

Samsung and Apple are targeted here, so they have a common/shared interest in this IPR (this troll is a problem they have in common). But that does not mean that they're friends. The latest in the patent battles of Apple (Apple Inc. v Samsung Electronics Co. Ltd., et al) was also noted yesterday by Docket Navigator, which wrote:

The court granted in part defendant's motion to exclude the testimony of plaintiff's technical experts because their application of the "designer of ordinary skill in the art" and "ordinary observer" standards to identify the relevant article of manufacture was improper.


Incidentally -- and also quite exceptionally -- Docket Navigator publishes some new charts. It shows how different patent (and beyond) judges decide on cases and included is the "reprehensible" (politicians call him that) Gilstrap, named on the left among names/breakdown of judges. Mind the IPR barcharts.

"The US patent system, if properly reformed by AIA/PTAB, would decrease the number of lawsuits (as well as lawyers) and hence discourage such unfortunate incidents that harm small businesses the most."Regarding another new patent decision, Docket Navigator spoke of a "Parade of Horribles", citing the text from ATEN International Co., Ltd. v Uniclass Technology Co., Ltd. et al.

It's a jury deciding, i.e. people who are likely nontechnical:

Following a jury trial, the court denied defendants' motion for attorney fees under 35 U.S.C. €§ 285 because plaintiff's litigation positions and tactics as a whole were not exceptional.


What's at stake here is who pays for the lawyers, but as usual the lawyers don't need to care all that much. They just do the billing, so plaintiffs and defendants both lose money; the question is, who loses more money.

The US patent system, if properly reformed by AIA/PTAB, would decrease the number of lawsuits (as well as lawyers) and hence discourage such unfortunate incidents that harm small businesses the most.

Recent Techrights' Posts

Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
 
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdi eIs Tired of Talking About Free Speech"
Links for the day
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026
Layoffs in Twitter, Facebook, and Microsoft's LinkedIn
There are silent layoffs at Microsoft this month
We Don't Depend on Google and Don't Care for Google
We have our own site search and we don't depend on Google to bring visits/visitors to us
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
Facebook Layoffs Due to Enormous Debt, Nothing to Do With "Hey Hi" Slop
The lies about "hey hi" in relation to layoffs will only contribute to further public resentment towards: 1) the media and 2) all the slop.
The Good IBM Managers Have Flown Away, All That's Left is the Book-Cooking Loyalists
IBM is just cheating the SEC and shareholders. This seems to be the only thing IBM's management is nowadays good at.
Microsofters' SLAPP Censorship - Part 12 Out of 200: Months Ahead of Serial Strangler From Microsoft Who Helped Double the Lawsuits (Funded by Third Parties) as 'Revenge' for Exposing Crimes
In 2024 I sat down and wrote about what had been done to me and to my wife
Crime Comes in Many Forms
apparently the SRA is OK with stranglers of women in America bullying the media in the UK
commandlinux.com, linuxteck.com, linuxiac.com, and linuxsecurity.com are Slopfarms With "Linux" in Their Domain Name
once readers realise they read slop they immediately lose interest
Links 14/03/2026: Adoption of Slop Has Killed BuzzFeed, Russia Sees "Economic Gain From Iran War"
Links for the day
Patriotism is Conditional, If It's Unconditional, Then It's Like a Cult
My love for Software Freedom is only as strong as my love for Freedom of the Press
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Universities Became Bad Places for Work
What happened to academia?
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day