Bonum Certa Men Certa

The Patent Microcosm, Patent Trolls and Their Pressure Groups Incite a USPTO Director Against the Patent Trial and Appeal Board (PTAB) and Section 101/Alice

Trying to make it sound like patent maximalism is a patriotic duty

A tractor's oil pressure guage



Summary: As one might expect, the patent extremists continue their witch-hunt and constant manipulation of USPTO officials, whom they hope to compel to become patent extremists themselves (otherwise those officials are defamed, typically until they're fired or decide to resign)

THE US Supreme Court, SCOTUS, won't stop PTAB (based on Oil States predictions) and it stands firmly behind Alice. So the patent extremists now lean hard on the USPTO, in particular its new Director, who himself came from the patent microcosm.



We wish to remind readers that patent lawyers make a living out of intimidation; they are bullying, threatening and suing people. They're quite often sociopaths, so their attitude towards USPTO officials (or publishers like me whom they SLAPP) is consistent with their occupation. It's just what they're trained to do; colleagues and classmates of theirs are largely the same.

"We wish to remind readers that patent lawyers make a living out of intimidation; they are bullying, threatening and suing people.""No Oil States Decision Today from the Supreme Court," one patent maximalist bemoaned a couple of days ago as if there's a chance they'll get their way (abolishing PTAB or its IPRs). Watch this anti-PTAB site doing its marketing. These people are attempting to make a business by dancing on a grave.

A couple of days ago CCIA wrote about yesterday's hearing, in which Director Iancu faced some grilling over the sanity of the patent system. To quote the CCIA (which generally represents technology companies):

Tomorrow, members of the Judiciary Committee will have the opportunity to point out to Director Iancu that predictability, stability, and positivity are in fact already here, in large part due to the implementation of IPR and €§ 101. Instead, the Director’s focus should be on improving examination and on continuing to implement successful Congressionally-created programs such as IPR.

[...]

Director Iancu made a reasonable point in his speech—all too often, the discussion gets lost in the flaws of the patent system and fails to identify its successes. As a patent attorney, hearing inventors discuss some of the truly creative and novel ideas they came up with is a joy, and their creations contribute to a better society. A full discussion of the patent system must include recognition of the successes represented by these new innovations. As Director Iancu is fond of saying, the cure for cancer will almost certainly pass through the doors of the USPTO someday.

But at the same time, in order to make sure that innovation continues, in order to make sure that that cure for cancer can be created to pass through those doors, we need to identify the areas where the Office must improve. We can’t focus on the positive aspects of the system to the exclusion of the negatives. Only this week, it became apparent that one out of every twelve inventions created by a woman won’t receive a patent when it would have if a man had created it. There are a series of longstanding issues, highlighted by the GAO’s 2016 report, identifying ways in which poor quality patents can harm innovation and suggesting steps the PTO could take to address quality, steps which—to a large degree—have not been implemented. In order to make sure the patent system continues to be successful, we must always seek to improve it, and that is achieved by identifying and fixing its flaws.

More specifically, one positive aspect of the patent system that deserves recognition is the inter partes review process itself. Far from the “death squad” critics describe, IPR is a fair process with results that have been overwhelmingly upheld on appeal. Most patents—even litigated patents—will never face an IPR petition. And of those that do, the majority—58%—will remain completely unchanged, with an additional 5% upheld in part.3

Ensuring the success of the patent system requires acknowledging its flaws and seeking to fix them. A focus on positivity, without that balance, would ignore flaws that harm innovation.


Engine, which represents interests similar to those of CCIA, cited "STRONGER Patents Act Makes Startups Weaker" and wrote: "At @senjudiciary hearing, @USPTO Director says he is meeting with stakeholders to discuss @ChrisCoons's #STRONGERAct. This bill is terrible for #startups. Join us in STRONGLY opposing this bill."

This bill is probably going nowhere (same as a year ago) and we barely heard anything about it for nearly a month. But it's better to be prudent and respond to Coons. He is in effect fronting for the patent extremists.

"Notice how software patents are being named/referred to (by buzzwords like "AI" that nontechnical politicians neither understand nor care for)."The patent trolls' lobby, IAM, wrote: "Sen Coons at Iancu hearing - "The legislative branch has an obligation to act on 101" [...] Sen Harris asks Director Iancu to commit to issuing updated 101 guidance within 90 days (specifically how it applies to AI)... Iancu agrees to compromise to provide Committee with update on PTO's 101 progress [...] That request from Sen Harris came after v interesting back and forth on software patentability and specifically the algorithms that underpin AI..."

Notice how software patents are being named/referred to (by buzzwords like "AI" that nontechnical politicians neither understand nor care for).

Later came the obligatory cherry-picking of quotes from Watchtroll (the patent extremists link to it [1, 2]), titled to quote Director Iancu as saying that Section 101 is an issue “we must all address” (the word "address" does not mean very much, it is vague).

Section 101 is absolutely fine, but Iancu was surrounded (or hounded like a hostage) by propaganda from the U.S. Chamber of Commerce. This is how Watchtroll started his screed:

Senator Chris Coons (D-DE) lead off for the Democrats after Chairman Chuck Grassley (R-IA) made a brief opening statement. Coons rather quickly moved his remarks toward the recent report from the U.S. Chamber of Commerce, which now ranks the U.S. patent system 12th in the world. “One cause is the impact of the new post grant proceedings before the Patent Trial and Appeal Board,” Coons said. “The current review system is systematically biased against patent owners based on statistics from its first five years.”


Dennis Crouch, another patent maximalist, gave a long transcript. Senator Coons is basically staging a coup for patent trolls. He is trying to get rid of PTAB and incite Iancu against it, as well as against Section 101. From Crouch's introduction:

New USPTO Director Andrei Iancu testified in Congress on April 18 for the first time in his new official capacity — this time before the Senate Judiciary Committee. The Director must certainly be a visionary — as the chief guide of U.S. intellectual property policy. At the same time, the Director is head of a multi-billion-dollar agency with 12,000+ employees.

Although not speaking for the Senate as a whole, Senator Coons kicked-off the hearing with a statement that AIA Trials: “The current review system is systematically biased against patent owners.” From Senator Coon’s perspective, the AIA was designed to give the USPTO Director authority to “fine-tune” the AIA trial proceedings without further congressional actions — and that Director Iancu should take this opportunity to correct the imbalance.

One key statement from Director Iancu is that he is ready to work with Congress on legislative solutions to the “uncertainty” created by Supreme Court 101 jurisprudence.


A lot of pressure is on Iancu; the patent maximalists won't leave him alone. There's also a case from about a fortnight ago, Knowles Elecs. LLC v Iancu. Joseph Robinson and Robert Schaffer from Watchtroll brought it up one day before the hearing and said:

Knowles Elecs. LLC v. Iancu, No. 2016-1954, 2018 (Fed. Cir. Apr. 6, 2018) (Before Newman, Clevenger, and Wallach, J.) (Opinion for the court, Wallach, J.) (Dissenting opinion, Newman, J.).

Knowles appealed the inter partes reexamination decision of the Board, which affirmed an examiner’s finding that certain claims were anticipated while other claims would have been obvious over various prior art references. The third-party requester declined to defend the judgment in its favor. The Director of the USPTO intervened to defend the Board’s decision, pursuant to 35 U.S.C. €§ 143. On appeal, the Court permitted the Director to intervene and affirmed the Board’s decision.


Watchtroll's obsession with brainwashing Iancu is a problem because that site already bullied Michelle Lee, having unsuccessfully attempted to lobby her (beforehand). Watchtroll still claims to be reading Iancu's mind and tries to influence him (IAM tries to make him IAMcu). In another couple of new posts Watchtroll brought up Drew Hirshfeld. It's like they follow him around (Hirshfeld is mentioned there too, alongside Iancu, and there's this followup post about him).

"They're malicious lobbyists who even tried to install a corrupt judge at the top of the USPTO."Expect sites like Watchtroll and IAM to neverendingly harass the Director of the USPTO (no matter who that happens to be) until they get their way. They're malicious lobbyists who even tried to install a corrupt judge at the top of the USPTO.

Iancu is the prime target of bullies. He's hopefully able to see that.

Recent Techrights' Posts

Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
 
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026
For the EPO to Survive, António Campinos and the "Alicante Mafia" Must Fall on Their Sword
There are EPO insiders who are convinced Campinos too is (or was) a cocaine addict
Some Slopfarms and Some Real News Sites Cover Richard Stallman’s (RMS) Talk
If his message about Software Freedom spreads, then we're all better off
Gemini Links 26/01/2026: Pocket Power Pack, Batteries, and Breaks
Links for the day
"Microsoft Vista 11 Emergency Update" as Windows Fails to Boot (Again)
Microsoft is desperately trying to find some new business model as the debt soars
4 Hours Ago The Register MS Published Paid-for Spam About "AI" (Slop, Buzzwords)
"AI" mentioned 13 times in the page
IBM 'Results' Due Wednesday Evening, Expect Clues About Mass Layoffs
Don't expect IBM to say anything about "layoffs" or "RAs"
The Fall of the EPO (or the "Alicante Mafia" at EPO) Will be Due to This Reckless Lawyer Who Does Cocaine in Public While Speaking for the EPO
The longer European politicians (and media) turn a blind eye to this corruption, the worse it'll get
Why RMS is Scary to GAFAM 'Engineers' and the GAFAM Apologists (or Addicts)
especially because of his ideas and his way of life
Firefox 'Market Share' Down to All-Time Low in 2026, Adding to It User-Hostile 'Features' Only Worsens Things
What is the goal of Mozilla at this point?
Links 26/01/2026: Windows Back Doors, American Winter Storm, and Report Says Iran's "Protest Death Toll May Exceed 30,000"
Links for the day
Life Got Simpler and Therefore Also Healthier and Happier
Some people envy not wealth but happiness (which they're unable to attain, even with hoarding and accumulation)
Richard Stallman's Experiences With 'Cancel Brigades' Ought to Educate Linus Torvalds
Now they talk about "if Linus dies" scenarios
Links 26/01/2026: Financial Stress in German Farms and Germany Wants to Take Its Gold Reserves Out of the US
Links for the day
Gemini Links 26/01/2026: "Lack of Meaningful Things" and Getting Back to Programming
Links for the day
Strong Correlation Between the Slop Ponzi Scheme (or Bubble) and Major Disasters
BitCoin ruins the planet; so does slop
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day