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

Freedom, Not Fame, is His Goal
pursuit of money can be not only tiring but also involve abandoning one's freedom
 
Links 08/09/2026: "The Green Revolution Has Failed Africa" and Palantir/Microsoft Harming NHS
Links for the day
Microsoft's Silent Layoffs Are the New Normal at Microsoft
Microsoft has a ton of layoffs all the time, but the media isn't mentioning those as no WARN notices get issued
SLAPP Censorship - Part 175 Out of 200: Implicit and Explicit Coalition Against the UK's SLAPP Industry
SRA recognises the problem
Further Transparency Problems at the EPO
The EPO was never meant to be profitable
Gemini Links 08/09/2026: "Everything Must Go", Announcing Perigee, and Presentations in a Browser
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 07, 2026
IRC logs for Monday, September 07, 2026
Alleged Manager at IBM Says "[t]here are likely to be a lot (and I meant, A LOT) of RAs before December."
"We’re getting pressure from above to put some team members on PIPs."
Links 07/09/2026: Amazon Cargo Plane Crash, .org/.net/.com Domains Considered Risky
Links for the day
Gemini Links 07/09/2026: Cheese, Text-based Life, and Icons in Swaybar
Links for the day
Links 07/09/2026: Slop Trashes Memory of Parton, Flock Surveillance Infuriates Everyone
Links for the day
Getting Better After 20 Years
Exactly two months from now this site is turning 20
EPO Hiding Cocainegate and Abandoning Transparency (Even Access to Very Basic Information is Denied)
The EPO isn't just becoming like a private for-profit corporation. It's also becoming more secretive.
Richard Stallman Has Resurrected Lost Updates
We didn't ask about it
SLAPP Censorship - Part 174 Out of 200: Cascading Scandals and a Path Towards Much-Needed, Long-Awaited Reform
Reform the UK's law, not "Reform UK"
EPO's Gema Requena Sempere (PD People) Contacted Regarding Children With Disabilities
In the coming week we may be in fruitful contact with some media regarding EPO scandals
Over at Tux Machines...
GNU/Linux news for the past day
Gemini Links 07/09/2026: Music Composition, Free Stuff, and Self-hosting Git Repos
Links for the day
IRC Proceedings: Sunday, September 06, 2026
IRC logs for Sunday, September 06, 2026
People Who Enforce the GPL Banned From Linux Foundation Board (After Bribes From Prolific GPL Violators), Now They're Banned From Giving Talks at Events
about the "LF" ('Linux' Foundation)
Gemini Links 06/09/2026: The Slop Plagiarism 'Holy War' (Hype, Scam, Scheme), Burning CD-Rs, and Hardcopy Mono
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part IV - Insufficient Resources in the Face of Distributed Denial of Service (DDoS) by Lawyers
it's about 120KG
OpenStreetMap is the Future, Dictatorship is the Past
OpenStreetMap helped us check maps for transport, various overlays with addresses, and there was 0% reliance on GAFAM or "Google" anything
Silent Layoffs, Cool-down, and Cool-off: How GAFAM and IBM Operate (the Law Doesn't Apply to Them)
Laws? What laws?
How Strikes at the European Patent Office Are Seen by Striking Staff in Berlin, Germany
We have some more EPO scandals to cover later this year and next year
Association for Computing Machinery Cites Techrights in Relation to GemText and Gemini Protocol
published yesterday, Open Access
Links 06/09/2026: More XBox Trouble (Microsoft Unrest, Many Silent Layoffs This Month), John Duffy as Next USPTO General Counsel
Links for the day
Gemini Links 06/09/2026: Avoiding 'Smart' 'Phones' and Setting up Gemini for the First Time
Links for the day
Links 06/09/2026: Sabotage by Slop and "What Happens If 'Open' 'AI' Dies?"
Links for the day
How Back Doors Became the 'Normal' or 'Norm'
"We also allowed a lethal monoculture to fester"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part III - The SRA is Vastly Worse Than Brits Realise, We Have a "Wild West" in London
In the next part we'll begin looking at correspondence with the SRA
SRA and Manslaughter: How the SRA Contributed to Agony in Proprietary Software Scandals With Clear Misuse of "Without Prejudice"
Trying to prevent the public from finding out the criminal stuff that went on, resulting in many deaths
Canonical (or Ubuntu) Rejecting IRC Isn't the Widespread Trend
Internet Relay Chat (IRC) adoption still growing by some yardsticks
SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan