Bonum Certa Men Certa

The Good Work of the Patent Trial and Appeal Board (PTAB) and the Latest Attempts to Undermine It

Justice does not really serve those who profit from injustice and extrajudicial actions such as patent extortion

Old Red Courthouse



Summary: A week's roundup of news about PTAB, which is eliminating many bad (wrongly-granted) patents and is therefore becoming "enemy number one" to those who got accustomed to blackmailing real (productive) firms with their questionable patents

The Patent Trial and Appeal Board is great. We love it. Not only does it help the USPTO's patent examiners improve their examination; it also deals with erroneous grants (post-grant, i.e. after mistakes were made). It's not hard to imagine who would hate such judges with a great passion. Who possibly benefits from wrongly-granted patents? Patent law firms, patent trolls and their messengers. Any mistaken grant may mean more legal action -- spurious/frivolous litigation basically.



"Who possibly benefits from wrongly-granted patents? Patent law firms, patent trolls and their messengers."Daniel Nazer (EFF) wrote about a patent of GEMSA, which had engaged in SLAPP against the EFF in addition to its bullying of companies. It had attempted to silence critics of its patent (or of itself) and now we see the Patent Trial and Appeal Board (PTAB) smashing that "stupid" patent to pieces. In Nazer's own words:

The Patent Trial and Appeal Board has issued a ruling [PDF] invalidating claims from US Patent No. 6,690,400, which had been the subject of the June 2016 entry in our Stupid Patent of the Month blog series. The patent owner, Global Equity Management (SA) Pty Ltd. (GEMSA), responded to that post by suing EFF in Australia. Eventually, a U.S. court ruled that EFF’s speech was protected by the First Amendment. Now the Patent Office has found key claims from the ’400 patent invalid.

The ’400 patent described its “invention” as “a Graphic User Interface (GUI) that enables a user to virtualize the system and to define secondary storage physical devices through the graphical depiction of cabinets.” In other words, virtual storage cabinets on a computer. E-Bay, Alibaba, and Booking.com, filed a petition for inter partes review arguing that claims from the ’400 patent were obvious in light of the Partition Magic 3.0 User Guide (1997) from PowerQuest Corporation. Three administrative patent judges from the Patent Trial and Appeal Board (PTAB) agreed.

The PTAB opinion notes that Partition Magic’s user guide teaches each part of the patent’s Claim 1, including the portrayal of a “cabinet selection button bar,” a “secondary storage partitions window,” and a “cabinet visible partition window.” This may be better understood through diagrams from the opinion. The first diagram below reproduces a figure from the patent labeled with claim elements. The second is a figure from Partition Magic, labeled with the same claim elements.


Good riddance to stupid patents. It's worth noting that this is clearly a software patent, too.

There are other new "success stories" from PTAB. To name some of the new ones, MONKEYmedia's patent has been determined to be likely invalid. It's a patent troll which is based in the Eastern District of Texas and Unified Patents wrote this:

On April 16, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial on all independent claims in an IPR filed by Unified against U.S. Patent 9,247,226 owned and asserted by MONKEYMedia, Inc., a known NPE. The '226 patent, generally directed towards computer readable media and methods for playing stored content, has been asserted against Samsung in the Eastern District of Texas (Case No. 2:17-cv-00460).


Unified Patents is also disarming the patent troll Sound View Innovations [sic]. To quote Unified Patents' writeup from 4 days ago:

On April 18, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims in an IPR filed by Unified against U.S. Patent 6,125,371 owned and asserted by Sound View Innovations, LLC, a well known NPE. The '371 patent, which generally describes systems and methods for managing versions of data records in a database to increase data capacity, has been asserted in multiple litigations against such companies as Fidelity Investments, Facebook, and Hulu.


Another new example from Unified Patents deals with a very notorious patent troll called Uniloc:

On April 17, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial in an IPR filed by Unified against U.S. Patent 6,564,229 owned by NPE Fortress Credit Co. LLC and asserted by Uniloc Luxembourg, S.A., another notorious NPE and exclusive licensee of the '229 patent. The '229 patent, generally directed to pausing move or copy operations within a data processing system, has been asserted in 10 separate district court proceedings in 2017 against such companies as Square Enix, Nexon America, Big Fish Games, Ubisoft, Kaspersky Lab, and Akamai Technologies.


Last but not least (for now), the patent troll Vilox is likely being disarmed:

On April 19, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims and grounds in an IPR filed by Unified against U.S. Patent 7,302,423 owned and asserted by Vilox Technologies, LLC, a well known NPE. The '423 patent, which generally relates to a method for formatting search results returned by a database query, has been asserted in multiple litigations against a number of retail companies such as Orbitz, Expedia, Priceline, Neiman Marcus, Buy.com, Costco and Walmart, among others.


This is the kind of thing we appreciate PTAB for; it's all about justice (even for relatively cash-strapped entities) and trolls are impacted the most. It makes predation a lot harder. Access to justice achieves that.

"This is the kind of thing we appreciate PTAB for; it's all about justice (even for relatively cash-strapped entities) and trolls are impacted the most."Going back to the aforementioned/above-mentioned riddle, why would anyone who actually respects justice attack PTAB? Who would compare judges to 'death squads'? Well, follow the money trails...

Alluding to Chris Walker and Melissa Wasserman with their academic research into PTAB (quite a few recent papers/work, e.g. [1, 2]), a few hours ago Lisa Ouellette (Assistant Professor at Stanford Law School) wrote:

Christopher Walker is a leading administrative law scholar, and Melissa Wasserman's excellent work on the PTO has often been featured on this blog, so when the two of them teamed up to study how the PTAB fits within broader principles of administrative law, the result—The New World of Agency Adjudication (forthcoming Calif. L. Rev.)—is self-recommending. With a few notable exceptions (such as a 2007 article by Stuart Benjamin and Arti Rai), patent law scholars have paid relatively little attention to administrative law. But the creation of the PTAB has sparked a surge of interest, including multiple Supreme Court cases and a superb symposium at Berkeley earlier this month (including Wasserman, Rai, and many others). Walker and Wasserman's new article is essential reading for anyone following these recent debates, whether you are interested in specific policy issues like PTAB panel stacking or more general trends in administrative review.


Related to this, we expect the US Supreme Court to deliver a ruling on Oil States any day (or week) now. The ruling may deal with some of the above questions. It's about Inter Partes Reviews (IPRs) that PTAB undertakes upon being petitioned.

"Related to this, we expect the US Supreme Court to deliver a ruling on Oil States any day (or week) now."Judging by what we've seen from Christopher Walker and from Melissa Wasserman in recent years, we have no reason to question their motivation. Even Ouellette is quite alright. She's a friend and colleague of Professor Lemley, so we know whose side she's on.

But we cannot say the same about Dennis Crouch, whose blog generally panders to patent maximalists (just look at the comments any day). Less than a day ago he returned to his usual modus operandi, showing that he is still trying to slow down PTAB (he has attempted that for at least a year). The latest involves an IPR and appeal to the Court of Appeals for the Federal Circuit (CAFC):

In Security People, the underlying Inter Partes Review involves a challenge to Claim 4 of Petitioner’s U.S. Patent No. 6,655,180 covering a “locker lock with adjustable bolt.” The Board found the claim invalid as obvious based upon the combination of two prior art references.


We already wrote many rebuttals to these assertions from Crouch, who either fails to understand that CAFC cannot deal with thousands of cases/appeals at the same level of granularity/pertinence or simply pretends not to understand that (we guess it's the latter because he's not so thick). If a patent can be granted by a single examiner working for at most a few dozens of hours, why should an applicant/assignee be expected to take up time of the high court without even legal action being filed? It seems disproportionate. The court's priority shouldn't be so asymmetric, but PTAB bashers see that differently because they just want to disrupt PTAB's good work.

"The court's priority shouldn't be so asymmetric, but PTAB bashers see that differently because they just want to disrupt PTAB's good work."Looking at blogs of other patent maximalists and PTAB bashers (typically the same or at least overlapping groups), some hours ago Rob Sterne published another anti-PTAB piece at Watchtroll, which is generally unable to keep up with its old pace of anti-PTAB pieces (they now try to hire another 'volunteer' writer, probably for purposes such as these).

Patent Docs, which habitually promotes a "scam" to bypass PTAB, published exactly a day ago promotion of an event that includes "Hon. David Ruschke, Chief Administrative Patent Judge, U.S. Patent and Trademark Office" (Ruschke is OK, he's coping well with the attacks on him).

Patent Docs also mentioned this upcoming 'webinar' on "scams" by which to bypass PTAB. From the outline:

● Recent decisions handed down by the Patent Trial Appeal Board, including decisions that: -- held a university entity waived its sovereign immunity by filing a patent infringement case in district court -- denied trial sovereign immunity for lack of establishment that trial sovereign immunity should be applied in PTAB proceedings


How about using tribes? That infamous new "scam" which nobody seems to talk about anymore.... the "scam" whose firm (the one that came up with it) sends me threatening legal letters.

Going back to Crouch and CAFC, a few days ago he wrote about Droplets, Inc. v E*Trade Bank -- a new case in which the PTAB and then CAFC got rid of a bogus patent.

To quote:

Droplets Patent No. 8,402,115 (interactive link delivery) is invalid as obvious unless it properly claimed priority back to its 1999 provisional application. The Board found that priority had not been properly claimed — a judgment affirmed on appeal by the Federal Circuit.


This is what typically happens. CAFC agrees with PTAB's decisions almost all the time. Patent maximalists like to pretend there's discord/rift, but there's none. They try to brew scandals where none exist. Watchtroll does this by far the most.

"They try to brew scandals where none exist. Watchtroll does this by far the most."Facebook, which publicly supports PTAB (e.g. though HTIA), was mentioned by Watchtroll's protégé Steve Brachmann last week. The site focuses on creepy Facebook patents; maybe it's part of that familiar pattern at Watchtroll, which likes to demonise large technology companies, especially Google, not for unethical spying but for their patent policy. Watchtroll habitually calls such companies "efficient infringers"; failing to hide the bias? Last but not least, see what James Yang wrote for Watchtroll on April 15th. The site is a megaphone for patent extremists and people who profit from 'patentism' (like it's a religion).

"The patent extremists are failing to see how aloof/disconnected they are from the "real world" -- a world where patents are rare and strong, not pertaining to a mere thought."How about Mr. Gross, who is writing anti-EFF pieces for literal patent trolls and is attacking academics who merely highlight a study about patent trolls? Mr. Gross is so upset at PTAB that he bemoans another €§ 101-based invalidation and then mumbles about "lazy/crazy [Section] 101 rejections," saying that he is "going to file reconsideration for no other reason than to force them to admit shoddy process..."

Maybe he should file reconsideration calling them "death squads" in the filing. Sure, that ought to sway them. Maybe he'll mock their court, calling it a "kangaroo court" or something even worse. The patent extremists are failing to see how aloof/disconnected they are from the "real world" -- a world where patents are rare and strong, not pertaining to a mere thoughts. €§ 101 in its current form is well overdue. ⬆

Recent Techrights' Posts

“Week van de Werkstress” and Work-Related Stress at the EPO, Where Staff is Bullied Into Granting Illegal Patents for Foreign Monopolists
"poor working environments, including discrimination and inequality, excessive workloads, low job control and job insecurity pose a risk to mental health"
Czech Republic: GNU/Linux Rises Above 5% in Desktops and Laptops
A year ago it was somewhere around 4%
Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
 
Complexity is the Tyrant's Friend
Slop is for feeble minds and cheaters
IBM Firings (or Silent Layoffs) After Bluewashing; "IBM’s Employment History is More Troubling Than its Patriotic Marketing Suggests"
"It has zip to do with race but everything to do with the greed of the 1% who have been doing all they can to destroy the middle class..."
EPO's Local Staff Committee The Hague Says Almost or About a Third of Staff Assembled to Organise at "a Time of Continued Social Unrest"
They speak of "circa 850 staff members in attendance" (in The Netherlands there are about a couple thousand)
Suggestions That XBox Will be Offloaded by Microsoft, Rather Than Shut Down, Make the False Assumption XBox is Profitable (It's Not, It's a Liability)
Microsoft has serious financial troubles
Which "Smart" "Phone", Which "Social" "Media", and Which "Cloud" "Storage"?
Let's take back control of the language
State of the (Linux) Slop, Late 2026 Edition
Google News (Gulag Noise) is a plagiarism booster
Year 21
It's 5PM here
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day
Links 05/11/2026: Rule of Law Vanishing in Turkey, Joshua Wong Still Martyred by Chinese Regime
Links for the day
Gemini Links 05/11/2026: Classical Music, Politics, and Seeed Studio
Links for the day
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026