Bonum Certa Men Certa

The Anti-PTAB Brigade is Willing to Embrace Radical Elements Just to Get Its Way

The lobby against the Patent Trial and Appeal Board (PTAB) continues to compare judges to murderers and invokes Trump motto/slogans for resurgence of trolls

Make Patents Great Again



Summary: The toxic language, the bogus narratives and the venom against PTAB is getting increasingly unbearable and untenable, especially because it seems like the USPTO's leadership, the Supreme Court and just about every corner of the Establishment stands behind PTAB and guards it

THE triumph of PTAB, necessarily improving patent quality at the USPTO, is undeniable. The anti-PTAB brigade, which resorted to even sending me threatening letters, isn't getting its way. It tried all sorts of things to sabotage PTAB (threatening words, smears, legal action, price hikes, misuse of tribal immunity, lobbying and so on). But PTAB continues to break new records. Demand for PTAB is growing.

"How would IAM like it if we called it "mass murderer"? Or "Nazis"?"IAM 'magazine', part of the anti-PTAB brigade (for obvious reasons), carries on with the usual. Adam Houldsworth published this blog post yesterday -- a post with a loaded headline that says "PTAB not such a death squad" ("not such"?). So the patent trolls' lobby perpetuates the insulting narrative that compares patent judges to a firing line/squad because they cull out wrongly-granted patents. How much longer need we explain why this analogy is offensive? How would IAM like it if we called it "mass murderer"? Or "Nazis"?

Here's what Houldsworth wrote:

A new US Patent and Trademark Office (USPTO) study has provided an improved insight into the outcomes of administrative validity challenges made against Orange Book-listed pharmaceutical patents at the Patent Trial and Appeal Board (PTAB). Among the report’s key findings is that, while petitions against FDA-approved drug patent rights have enjoyed similarly high institution rates to petitions against other kinds of patents, Orange Book rights have a far greater survival rate than others when challenges reach a final written decision.


Notice that they also use words like "survival"; the anti-PTAB brigade almost invariantly uses words like "kill" and "survive" to describe PTAB's actions. So when a patent aggressor or troll has a patent challenged it is "under attack" or merely "survives" the "kill"; the victim or the defendant is thereon portrayed as an "attacker" looking to "kill" patents. Narrative reversals like these are very common in war terminology/lexicons.

Incidentally, days ago IAM also published an article titled "Can Andrei Iancu make patents great again?" and by "great again" they mean ending PTAB or helping patent aggressors. What's so great about that? The patent extremist Richard Lloyd (the most overzealous of the IAM bunch) fails to understand that IAM, by saying/reciting the "great again" motto, basically associates itself with fascists.

"Narrative reversals like these are very common in war terminology/lexicons."Iancu would be wise not to associate with IAM in any way, but this summer he'll give a talk in an event set up by IAM.

Speaking of false narratives (regarding PTAB), watch what IP Watch published yesterday. Here's what's outside the paywall (many of these Web sites, including IAM, broaden their paywalls these days):

The United States Supreme Court is likely to affirm the constitutionality of US Patent and Trademark Office inter partes reviews when it rules in the closely watched matter of Oil States Energy Services, LLC v. Greene’s Energy Group LLC, according to Michael Best & Friedrich intellectual property attorney Marshall Schmitt. The end result of the decision, however, is hard to predict, he said.


If you only ask the patent microcosm for its opinion on Oil States, it will call the expected slam-dunk for PTAB IPRs “Highly Uncertain”. That's nonsense however. Expect the Justices to support IPRs, maybe even unanimously.

"It's not like we're dealing with rational people here but with extremists drunk on power."Judging by what an anti-PTAB site wrote yesterday, it looks like Iancu will defend PTAB, which is good news and a relief (if true). To quote the relevant bits:

The PTAB Bar Association has a committee called “PTAB Appeals” that scheduled a meeting on April 5, 2018 to discuss various topics with sitting judges at the PTAB. This meeting was set up in part because of interest in Chief Judge Ruschke to meet with practitioners to discuss ex parte appeals. Ex parte appeals is the less-discussed and less-focused on aspect of what PTAB does. The two-hour meeting was at the USPTO in Alexandria, VA and covered a lot of ground including Section 101.

At this meeting, Chief Judge Ruschke was optimistic about newly appointed director Andrew Iancu. According to Ruschke, Iancu has stressed that the USPTO has to do a better job of applying Section 101 in a more consistent, straightforward manner. And Iancu sees the corpus of decisions coming out of the PTAB as an important clue to this.


Defending PTAB from patent extremists won't be easy. I'm already receiving threats for merely reporting on this. It reminds me of the numerous threats the EPO sent me for merely reporting its abuses. It's not like we're dealing with rational people here but with extremists drunk on power.

Recent Techrights' Posts

SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
Links 27/03/2026: Studying Whale Births, Apple is Cancelling Products, Cambodia Arrests Journalists Over Photographs
Links for the day
 
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026
"Headcount" as Distraction From Mass Layoffs and Salary Reductions
Things aren't looking well when one considers revenue is acquired, not earned
"Linux" Slop Turning Rarer, New York Times Nowadays Contaminated With LLM Slop
Another day has passed without much slop about "linux"
Gemini Links 27/03/2026: GTD, Gopher Catchup, Gemini Crawlers, and "Slop Everywhere"
Links for the day
Mozilla Was Ruined Like Sirius Open Source Was Ruined - From the Top Down
Mozilla will never return to its Free software roots
Nokia Could Never Recover From Microsoft
It's very important to remember what really happened
Why Techrights and Many Other Sites Stopped Doing April Fools’ Day Articles
Well before slop (made by LLMs) it was "bad optics" to have satire or humour in a site, irrespective of the day of the year
President Not-Cocaine Campinos Notified of Historic EPO Strikes (Thousands of Workers Not Coming Back to the Office)
Please do pay attention to how the media treats these strikes in Europe's second-largest institution
Slides From the Presentation Discussing EPO Strikes Until End of June or Until End of 2026 (Maybe Next Year Too)
More to come soon (later today)
IBM Cuts Are Everywhere (Global), the Aim is to Lower the Pay
Because the revenues keep falling (IBM buys other companies' revenues using borrowed money)
Perpetual Strikes to Begin at European Patent Office (EPO), Large Majority Votes for Strikes Any Day of the Week
Approved industrial actions [...] Notice how none of the media or even so-called 'IP' blogs write about it
Mozilla is Not a Privacy Company, Mozilla is Run by GAFAM Executives and Managers Who Came From American Surveillance Companies
Would you trust a VPN they claim to be "free"?
SLAPP Censorship - Part 25 Out of 200: That Time Matthew J. Garrett Got Temporarily Banned/Suspended From Twitter
That he gets banned from large social control media platform is hardly surprising given his combative communications
Ubuntu Started as Free With ShipIt, Now It Becomes Payware That Exploits Debian Volunteers (Slaves)
"Ubuntu" the distro now replaces the GNU components inherited from Debian with a bunch of Microsoft GitHub (proprietary) things that reject reciprocal licences
Last Night The Register MS Published a Fake Article. It Mentioned "AI" 27 Times.
Paid-for nonsense! [...] What's left of once-respectable news sites actively harms society
Links 27/03/2026: Google Executive (GAFAM, US, Surveillance) "Named the New BBC Head", Prominent Climate Scientist Resigns From NASA
Links for the day
Gemini Links 27/03/2026: "Being Busy" and "Posting Again"
Links for the day
GNOME Has No "Real" Executive Director, Only an IBM (Perma)'Interim' One With No Openings in Sight
GNOME is having financial problems
Microsoft Experiencing "Leadership Exodus"
Microsoft's current position is no better than Meta's (Facebook)
GNU/Linux Distros Should Reject "Age Verification" and Uphold Software Freedom for Users
It's not about protecting children
Slop Plunge
we can already "smell the blood" of the so-called 'AI industry'
IBM Media Puff Pieces While Layoffs Go On and On
Has the PR industry absorbed the press?
Media Says Microsoft Hiring Freezes, But There Are Already Microsoft Layoffs
They want the public to talk about Microsoft as if it's just not hiring when it is actually firing
Richard Stallman lynchings: Sruthi Chandran splitting Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 26, 2026
IRC logs for Thursday, March 26, 2026
Links 26/03/2026: Tor Relay at National Taiwan Normal University, Copyright Hammers Fall
Links for the day
Gemini Links 26/03/2026: "The War of the Worlds" and "sometimes science is just the dumbest thing"
Links for the day
The World Wide Bots
The shape of the Web is so bad that bots exceed humans in some places
Links 26/03/2026: Solicitors Regulation Authority (SRA) Closes 101 Law Firms in 2 Years, "Please Compensate the Work You Appreciate"
Links for the day
Regaining Software Freedom Means Regaining Control Over Programs That Run on Our Devices
Richard Stallman will speak in Italy
Microsoft Secure Boot Removes Users' Choice
Has Greenland banned Microsoft and 'secure' boot yet?
IBM Pushes Workers Out, It Does Not Count Them as "Layoffs"
The number of IBM layoffs can be as large as tens of thousands per year
Hard to Find a Job After Working for Microsoft (Back Doors Giant, Bribery Hub)
It generally looks like people who chose to serve Microsoft's agenda don't end up too well
Microsoft Lost 31% Of Its Alleged "Value" in Five Months, Then It Got Downgraded
In 2026 Microsoft focuses on keeping the layoffs silent
Altering Perceived Reality to Make It Seem Like Microsoft is Thriving, Not Failing
pretend XBox did not die
SLAPP Censorship - Part 24 Out of 200: The Failed Effort by Brett Wilson LLP to Strike Out My Lawsuit and My Wife's Lawsuit Against Garrett (the Master Allowed Our Lawsuits to Proceed)
This is lawfare
Official New Figures Show That Solicitors Regulation Authority (SRA) Sees Rise in Dishonesty Among Law Firms Forcibly Shut Down ('Euthanised' Due to Misconduct)
It's rather if in our little country as many as 16 law firms were found to be so dishonest that they needed to be shut down
Back to Normalcy
In our datacentre at least
IBM is "Increasing Its Temporary and Part-time Headcount" While Net Headcount Falls (Despite Buying Many Companies and Their Workforce)
Headcount is a rather superficial yardstick.
Confluent Insiders: IBM Laid Off Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
EPO Union Decides to Continue Industrial Actions, Next Strike in Four Days
The latest strike had the highest participation rate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 25, 2026
IRC logs for Wednesday, March 25, 2026
Microsoft's "Silent Layoffs" in Slop Clothing
"AI-powered transformation" is just a euphemism for mass layoffs
Where and How to Spot LLM Slop
Many people correctly perceive LLMs as a site's downfall, a step towards the abyss
Public Talk by Richard Stallman in Half a Day "at the Engineering and Architecture Campus of Cesena of the University of Bologna"
He'll probably attract a fairly large crowd
Gemini Links 26/03/2026: Buying a House, Stargazing, OFFLFIRSOCH 2026
Links for the day