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

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day
LWN (Earlier This Week) is GAFAM Openwashing Amplified
Such propaganda and openwashing make one wonder...
Open Source Initiative (OSI) Blog: Microsoft Operatives Promoting Proprietary Software for Microsoft
This is corruption
Libre-SOC Insiders Explain How Libre-SOC and Funding for Libre-SOC (From NLNet) Got 'Hijacked' or Seized
One worked alongside my colleagues and I in 2011
Why We're Revealing the Ugly Story of What Happened at Libre-SOC
Aside from the fact that some details are public already
Removing the Lid Off of 'Cancel Culture' (in Tech) and Shutting It Down by Illuminating the Tactics and Key Perpetrators
Corporate militants disguised as "good manners"
FSF, Which Pioneered GNU/Linux Development, Needs 32 More New Members in 2.5 Days
To meet the goal of a roughly month-long campaign
Lupa Statistics, Based on Crawling Geminispace, Will Soon Exceed Scope of 4,000 Capsules
Capsules or unique capsules or online capsules are in the thousands and growing
Links 24/07/2024: Many New Attacks on Journalists, "Private Companies Own The Law"
Links for the day
Gemini Links 24/07/2024: Face à Gaïa, Emacs Timers for Weekly Event, Chromebook Survives Water Torture
Links for the day
Why Virtually All the Wikileaks Copycats, Forks, and Rivals Basically Perished
Cryptome is like the "grandpa" of them all
A Total Lack of Transparency: Open and Free Technology Community (OFTC) Fails to Explain Why Over 60% of Users Are Gone (Since a Week Ago)
IRC giants have fallen
In the United Kingdom Google Search Rises to All-Time High, Microsoft Fell Nearly 1.5% Since the LLM Hype Began
Microsoft is going to need actual products or it will gradually vanish from the market
Trying to Put Out the Fire at Microsoft
Microsoft is drowning in debt while laying off loads of staff, hoping it can turn things around
GNU/Linux Growing at Vista 11's Expense
it's tempting to deduce many people who got PCs with Vista 11 preinstalled are deleting it, only to replace it with GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 23, 2024
IRC logs for Tuesday, July 23, 2024