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

Debian Developer at Sirius Was Under the Wrong Impression That Staff Must Check or Should See E-mail All the Time (24/7 Work Attention is an Occupational Health Hazard)
My personal and professional experience with a Debian Developer (DD) at work
Techrights More Productive Than Ever Before
Today we finally crossed the 1,900-page milestone
Europe's Adoption of GNU/Linux, by Country (Now About 6%)
in Switzerland, for instance, adoption of GNU/Linux has been profoundly low
Not Only Has Adoption of Windows Vista 11 Flatlined/Plateaued, Now It is Going Down!
Did many people delete Vista 11 and install GNU/Linux instead?
 
Links 04/03/2024: Old Crisis Looming, UPC Already in Infringement of Article 6 ECHR
Links for the day
The Right to Disconnect (Meme and Very Recent References)
relatively new press
Links 04/03/2024: Techno-Babble in Tech Job Ads and Vision Pro Already Breaking Apart
Links for the day
[Meme] 'Debating' People by Subscribing Them to Lots of SPAM
Rebuttal? No, spam.
From Sexual Harassment of Women to Yet More Cybercrimes
They can be prosecuted
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 03, 2024
IRC logs for Sunday, March 03, 2024
Venezuela: Windows Below 70% (Laptops and Desktops), GNU/Linux Up to 7%
It's a lot higher in Cuba
ICYMI: ZDNet Financially Controlled by Microsoft
a history of censoring SJVN's Microsoft-critical articles
Argentina Joining the 4% 'Club' (GNU/Linux on Desktops and Laptops)
Data as ODF
Transparency Sets Society Free
"Convenient delusions" aren't bliss but temporary relief
[Meme] The EPO, Europe's Second-Largest Institution, Which is Contracting With Belarus
Socialist EPO
The European Patent Office's (EPO) Illegal Ban on Mass Communication Gets in the Way of Democracy
The scientific process (patents apply to science) must allow scrutiny, both from within and from the outside
Links 03/03/2024: Depression in Hong Kong, Sex 'Apps' and STIs
Links for the day
Links Gemini 03/03/2024: NixOS and NextCloud, Back Into Ricing
Links for the day
The Debian family fallacy
Reprinted with permission from Daniel Pocock
GNU/Linux Peaking in Europe, Android Measured as Higher or More Prevalent Than Windows
Android topping Windows
For Every Action There's a Reaction
Gates lobbying Modi
Like in Africa, Android Takes Control, Raking in Almost All the 'Chips' in Asia
So Microsoft has no OS majority except in Japan and Russia (and tiny Armenia).
Links 03/03/2024: Goodbye, Navalny (Funeral Reports)
Links for the day
Gemini Links 03/03/2024: A Wild Devlog Appeared and GrapheneOS Ramble
Links for the day
Gemini at 3,800+
total number of known capsules at above 3.8k
Be a Navalny
We salute Mr. Navalny
Mozilla Firefox is Back in ~2% Territories, Jeopardising Its Status as Web Browser to Test/Target/Validate With
Some new stats
[Meme] Russian Standards of Law: The Executive Branch Decides Everything
the president's kangaroo court
Up Next: The Tricky Relationship Between the Administrative Tribunal of the ILO and the European Patent Organisation (EPO)
We've moved from presidents who run a republic by consent to corrupt, unqualified, dictatorial officials who bribe for the seat (buying the votes)
IRC Proceedings: Saturday, March 02, 2024
IRC logs for Saturday, March 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Beware Imposter Sites of Techrights (Not Techrights.com or Techrights.org)
Only trust pages accessed through the domains controlled by us
Italy visa & residence permit: Albanian Outreachy, Wikimedia & Debian tighten control over woman
Reprinted with permission from Daniel Pocock
Links 02/03/2024: Actual Journalists Under Attack, More Software Patents Being Challenged
Links for the day
Gemini Links 02/03/2024: NixOS on GPD, Meson Woes
Links for the day
statCounter March 2024 Statistics (Preliminary)
Notice Asia
Links 02/03/2024: More Lawsuits Against Microsoft, Facebook Killing Hard-To-Find News
Links for the day
ZDNet (Red Ventures) Works for Microsoft (Redmond), Many Of Its Pages Are Spam/Advertisements Paid for by Microsoft
Here is the "smoking gun"
Wikipedia Demotes CNET Due to Chatbot-Generated Spew as 'Articles'; It Should Do the Same to ZDNet (Also Red Ventures, Also Microsoft Propaganda)
Redmond Ventures?
IBM Sends Money to Microsoft
Red Hat basically helps sponsor the company that's a attacking our community
The Direction WordPress (GPL) Has Taken is an Embarrassment
it comes with strings attached
When the Cancer 'Metastasises'
We had a red flag
March in Techrights (EPO Litigation and More)
One theme we'll explore a lot when it comes to GNU/Linux is the extent to which communities truly serve communities
Don't Forget to Also Follow Tux Machines
We've split the material
Yandex Usage Has Surged Since the Invasion of Ukraine, Microsoft Fell to 0.7% (It Was 1.7% Before the 'Bing Chat' Hype Campaign)
In Soviet Russia, Bing searches user
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 01, 2024
IRC logs for Friday, March 01, 2024
Sellout Completed: Linux Foundation Converging With the Gates Foundation
not a joke
Hitler Rants Parodies on Steve Ballmer
Parody created using clips from Downfall (Der Untergang)
With Windows This Low (27% of the "OS" Market), Steve Ballmer Would Have Thrown Another Chair
The media produced many puff pieces about Nadella at 10 (as CEO), but what has he done for Windows? Nothing.
[Meme] The Naked President
EPO Suffers From Shrinkage
Attacks on the EPC: Reality and Fiction
EPO leaks