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

People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
[Video] Cory Doctorow Explains DMCA: DRM in the Browser (or Webapp) Will "Make It a Felony to Protect Your Privacy While You Use It."
Pycon US Keynote Speaker Cory Doctorow
 
Microsoft Layoffs Again in Bay Area
Microsoft relies on people's false belief that being "in LinkedIn" will get you a job; well, seems like even working inside LinkedIn really sucks and you lose the job
Gemini Links 30/05/2025: Fighting Against the Bad News, and Slop is Dehumanisation Disguised as "Intelligence"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 29, 2025
IRC logs for Thursday, May 29, 2025
Links 29/05/2025: Chinese Cracking Against EU Institutions (Prague), More Assaults on Media and Its Funding Sources
Links for the day
EPO Workers Caution That the Officials Are Still Illegally Trying to Replace Staff With Slop (to Lower Quality and Validity of European Patents)
Nobody in Europe voted for any of this
Links 29/05/2025: US Health Deficit and Malware Disguised as Slop Generator
Links for the day
Links 29/05/2025: Turtle Roadkill, Modern 'Tech' as a Sting
Links for the day
Thanks for All the Fish, Linux Format
people who once wrote for it (or for other magazines) comment on the importance of this news
Links 29/05/2025: YouTube Problem and Giant Privacy Hole in Microsoft OneDrive
Links for the day
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025
Links 28/05/2025: 'Emulation Layers' (Measurements and Linguistics), Libraries, and Discomfort
Links for the day
Links 28/05/2025: More Arrests for Bitcoin-Connected Torture and Prosecutions for Dieselgate-Linked Executives
Links for the day
Even Microsoft (MSN) Covers Richard Stallman's Public Talk in Milan 2 Days Ago
He spoke in Spanish earlier this month (Alicante)
Gemini Links 28/05/2025: Techo-authoritarianism With Slop Plagiarism and "No Online June" (Going Offline)
Links for the day
Links 28/05/2025: GitHub MCP Exploited and MathWorks Discovers Huge Windows TCO
Links for the day
Very High Attendance Level at Richard Stallman's Talk Shows People Can Relate to His Message
Smear campaigns have their limits
Gemini Links 28/05/2025: Celsius-Fahrenheit, Endless Scrolling/Infinite Scrolling, and Trapping LLM Slop Bots
Links for the day
Prison gate backdrop to baptism by Fr Sean O'Connell, St Paul's, Coburg
Reprinted with permission from Daniel Pocock
More Photos From This Week's Milan Talk by Richard Stallman
The posts are in Italian, not English
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 27, 2025
IRC logs for Tuesday, May 27, 2025