Bonum Certa Men Certa

Quick Mention: As Expected, the US Supreme Court Cements PTAB's Role With Trump-Appointed Gorsuch Dissenting

Scotusblog Live Blog
Live blog of opinions (the reference page for this case has not been updated yet)



Summary: Oil States has been decided and it's very good news for the Patent Trial and Appeal Board (PTAB); even Conservatives-leaning Justices support PTAB

THE good news is here. It's not surprising, but it's still very good.

Dan Ravicher‏, a former lawyer of Free/libre software causes (who happens to be quite Conservatives-leading), wrote that "Oil States has been decided by Supreme Court, 7-2 IPRs are Constitutional. Dissent by Gorsuch and Roberts."

The ruling is here. We have not checked it yet. There will be hundreds if not thousands of articles about it in the coming days. It will probably be mentioned for many years to come.

IAM retweeted Dan Ravicher and added: "Over to you, Director Iancu! Most were expecting 9-0, so 7-2 is a slight surprise. But it's an overwhelming endordement [sic] of a status quo that only the USPTO director or Congress can now change."

So hopes IAM. But it will be difficult to change in defiance of a 7-2 decision from the highest legal authority.

IAM's patent extremist (Richard Lloyd), who tried to 'appoint'/install at the top of the USPTO someone who calls PTAB "death squads", wrote about an hour ago that the "Supreme Court issued its decision in the widely anticipated Oil States case earlier today ruling that inter partes review (IPR) is constitutional and does not violate the US Constitution’s Seventh Amendment. The nine justices split 7-2, with Justices Gorsuch writing a dissent in which he was joined by Chief Justice Roberts. In another IPR-focused case the Supreme Court also found that the Patent Trial and Appeal Board (PTAB) must consider the patentability of all claims challenged in a post-grant review following institution. In that case, SAS Institutes v Iancu, the justices were much more closely divided with the five more conservative..."

It's almost a bipartisan view then. Gorsuch is the wolf many thought he would turn out to be. At least he made the Koch Brothers happy.

No word yet from Watchtroll and other messengers of patent trolls, just another 'obligatory' rant about PTAB today. Mr. Gross, who is writing for patent trolls, has unleashed another storm of rants about PTAB, e.g.:

Oracle patent inventors should have predicted that "determining if locations of devices is correct according to prior transactions" is just abstract idea according to PTAB because apparently we all didn't know that it is a "fundamental economic practice" https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016008640-04-16-2018-1 …


PTAB's expansive reading of "organizing human activity" exception to 101 swallows/destroys "distance based advertising in a virtual world" filing by IBM bc human COULD replicate process in real world with 2 different pieces of paper of different sized font https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016008387-04-16-2018-1 …


PTAB indiscriminate 101 strategy: if invention listed as abstract idea under PTO guidelines, then game over: guidelines become end-all be-all of patentability! And even if its not on list, they say list is not binding on them, they can put it there anyway! https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016008387-04-16-2018-1 …


They can moan all they want, but PTAB is here to stay.

Recent Techrights' Posts

Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day