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

KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
 
Gemini Links 21/11/2024: Alphabetising 400 Books and Giving the Internet up
Links for the day
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024
Links 19/11/2024: War on Cables?
Links for the day
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024