Bonum Certa Men Certa

One Week Later, as Expected, the Patent Trolls' Lobby Continues to Moan About Oil States and Tries to Bring Another Challenge to PTAB (at the Supreme Court Level)

Patent Lawyers' Tears

Patent Lawyers' Tears



Summary: People who made their career out of patent maximalism aren't entirely happy to see the media covering Oil States (like it did Alice and TC Heartland), knowing this decision contributes even further to the legitimacy of the appeal board, PTAB

THE USPTO spoke about the impact of the Supreme Court's (SCOTUS) decisions on PTAB yesterday afeternoon. We have not seen any coverage about that. At least not yet...

As a recap, here is what we have written about Oil States since this decision that was published almost exactly one week ago:



We said it would probably dominate the headlines for days if not weeks. Seeing Watchtroll's latest attack on Oil States (as well as Section 101 and the rest) is therefore not surprising to us. Watchtroll wrote 3 articles about Oil States in just 5 hours after the decision. Court- or jurist-bashing included, as usual. Watch the comments from the likes of Paul Morinville; these aren't mere maximalists but what we often call/refer to as patent extremists. These are the sorts of people who were bullying Michelle Lee until she quit her job, leaving a vacuum for some law firm that used to work for Donald Trump to take over.

Well, anyway, Watchtroll went even further than this. Writing about John Bean Techs. Corp. v Morris & Assocs. (a CAFC case involving estoppel) they carry on pretending that almost nothing has just happened. Estoppel has also just been noted in relation to Akeso Health Sciences, LLC v Designs for Health, Inc. -- a case that Docket Navigator tracks extra closely:

The court granted defendant's motion for summary judgment that plaintiff's patent infringement claims were barred by equitable estoppel due to its ten-year delay in filing suit and found that defendant was materially prejudiced by plaintiff's silence following its cease-and-desist letter.


We won't let the patent microcosm leave Oil States behind and distract from (or bash); this is what they want. In fact, seeking to undo the 'damage', they try to get another case like Oil States going at the Supreme Court. Watchtroll writes about Droplets (already promoted by Patently-O). They try to get many firms/groups involved, in order to put pressure on SCOTUS and compel Justices to deal with the case. It is not a special case and it doesn't merit SCOTUS time; in short, PTAB found the patent to be bogus and CAFC re/affirmed (agreed). Why appeal to SCOTUS? Here's what Watchtroll said yesterday:

In an IPR brought by E*Trade in response to an infringement suit by Droplets, the Board found that the Droplets ‘115 patent was invalid due to obviousness. The patent properly claimed priority to the ‘838 patent but also attempted to claim priority to an earlier ‘917 provisional patent and an intervening ‘745 patent through incorporation by reference. The Board concluded that these priority claims were not proper, and the Federal Circuit agreed.


So that's it; nothing too unique about this. It happens every week.

Patently-O, a PTAB-bashing blog favoured among the patent microcosm, still loses its mind over patent reform. SCOTUS just constantly refuses to stop PTAB (not even with a Trump-appointed Justice), which basically eliminates bogus patents that should never have been granted. Patently-O wrote this a day ago:

Until today, a host of patent cases have been pending before the Supreme Court — hanging onto the coattails of Oil States. Following full affirmance of the IPR regime, the Supreme Court has now denied certiorari in those cases. The one additional case that was ripe-for-certiorari in the most recent Conference is PNC Bank National Association v. Secure Axcess, LLC, No. 17-350. The court issued no order in that case — suggesting that it may be up for further consideration. In PNC, the substantive question is “whether . . . CBM review requires that the claims of the patent expressly include a ‘financial activity element?'”


Good. SCOTUS already made it pretty clear (7 to 2) that PTAB is OK and can carry on. The patent microcosm just carries on trying to 'shelve' Oil States and override this decision as soon as possible. Patently-O tried hard to solicit briefs (or certiorari) to that effect.

Recent Techrights' Posts

Ubuntu Desktop Director of Engineering Has Only One Blog Post. It Promotes Microsoft Windows.
Remember that even 15 years ago (more or less, maybe 16 years ago) Canonical appointed a a 'former' Microsoft manager (Spencer) to lead Ubuntu on the desktop
IBM Red Hat on "era of cloud computing", pushing "hey hi" (AI) hype in Microsoft Azure
LLM slop might actually be more benign than Microsoft promotion
Corruption and Rule-Breaking Prevail at the European Patent Office (EPO), Europe's Second-Largest Institution
The law does not really exist at the EPO; it can be perceived as merely a "recommendation"
404 Media Says "Workers at NASA Told to Drop Everything to Scrub Mentions of Indigenous People, Women from Its Websites" But There's Also Accessibility in the Firing Line
In the case of abandoning accessibility, everyone stands to be hurt and proprietary software can be brought in to replace standards
 
Tons of Anti-Linux 'Articles' Published by Bots (LLMs), Maybe Microsoft's
Upon closer inspection, all this FUD turned out to be LLM garbage
Gemini Links 06/02/2025: Voicemail Sucks and Night of Lights
Links for the day
Links 06/02/2025: YouTube Takedowns Out of Control, 'DOGE' Breaking Laws
Links for the day
statCounter: More Countries Where Windows is Around 1% "Market Share" (People Have Moved to Android/Linux)
in some nations Windows is already 1% or less
When BetaNews Writes Real Articles About "Linux" They Promote Windows
The Web is in a bad state. We need to at least try to correct this.
Gemini Links 06/02/2025: Cynicism and "Real Magic on the C64"
Links for the day
Links 06/02/2025: New Sanctions, Layoffs, and Executive Orders
Links for the day
Distros and Desktop Environments, Devices
GNU/Linux focused
New Rumours of IBM Layoffs in 2025, IBM Consulting Still Struggles, Based on Management
"Hey hi" (AI) has been a common excuse for business failure
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 05, 2025
IRC logs for Wednesday, February 05, 2025
Links 05/02/2025: Kessler Syndrome and News Online
Links for the day
statCounter: Monaco Now 7% GNU/Linux ("Proper")
GNU/Linux, not counting Chromebooks, is on the rise
Many Parts of Google Lose Money
It's quite apparent that many parts of Google - even some that rely on ad revenue or push ads - aren't profiting
European Internet Forum (EIF) is Dominated by American Corporations and Microsoft Lobbyists, Staff Take the Lead
Should the officials over here or the European Parliament pay attention to these people?
Links 05/02/2025: Connection without Connectivity and Unionised Grocery Workers
Links for the day
Just Because People on Top of the Microsoft Pyramid Made a Lot of Money Doesn't Mean Microsoft is Wealthy
The bigger they are the harder they fall
Gemini Links 05/02/2025: Learning, Madman Ruling a Mad Country, Back in Geminispace
Links for the day
statCounter Shows "WIntel" Chasing a Dying Market
Microsoft acts as if it's running out of money
Free Software Foundation, Inc. (FSF) Still Raising Money, Richard Stallman Contributes
total exceeding $430k
A Lot of Stuff About "Linux" in Google News is LLM Slop, Fake 'Articles'
It seems to be getting worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 04, 2025
IRC logs for Tuesday, February 04, 2025
'Official' Debian Sites That Sell Proprietary and Surveillance
"Azure API throttling strikes back"
statCounter: Only 1 in ~40 Web Users in Ireland Uses Microsoft Browser, One in Six Uses Windows
When/if Windows market share goes down, so will Edge
Links 04/02/2025: Social Control Media Bans and US Fighting Its Allies, Not Russia
Links for the day
Links 04/02/2025: Birth of a Calf, FOSDEM, and More
Links for the day
Anti-Linux FUD Sites cybersecuritynews.com and gbhackers.com Turn Out to be LLM Slop, Even Plagiarism That Spreads Lies
Beware false headlines and fake text from cybersecuritynews.com and gbhackers.com
BetaNews Began Removing LLM Slop About "Linux", But More of It Keeps Coming From Guardian Digital, Inc (at linuxsecurity.com)
the other Serial Slopper, Guardian Digital, Inc
Mollamby, Suicide Cluster, not trademark, the real reasons for Debian legal expenses, evidence
Reprinted with permission from Daniel Pocock
Links 04/02/2025: Mass Layoffs at Salesforce, Economic Pressures, Trade Wars
Links for the day
The Latest Microsoft Layoffs Are a Wake-up Call: The Company is Running Low on Money
in most areas it is not even profitable
[Video] Richard Stallman Auctioning a GNU (Gnu) at Surathkal, India
clip is only a minute-long
Software Freedom Month at NITK Surathkal and Yesterday's Talk by Richard Stallman
the message being spread by the person who started it all
Richard Stallman Has Another Talk in India Tomorrow, at Least Fourth India Talk in Recent Days
In the past month he has given at least half a dozen talks
statCounter: GNU/Linux and ChromeOS Now Measured at 2.78% in Japan (It Used to be Less Than 0.5%)
really 'took off' half a decade ago
GNU/Linux Reaches All-Time High in the United States, Based on statCounter
Windows is the loser; GNU/Linux grows at its expense
LLM Hype (Chatbots Hyped and Wrongly Characterised as "Artificial Intelligence") Cause Net Inflation
Net as in Internet, not limited to the Web
It Looks Like BetaNews' Managing Editor Wayne Williams is Taking Over From Fagioli After Repeat Pattern of LLM Slop (State-of-the-Art Plagiarism) About "Linux"
The most plausible explanation is, Fagioli got caught or his conduct could no longer be ignored
statCounter Reckons Less Than 10% in Mexico Still Use Windows to Access to Web and GNU/Linux Surges to All-Time High (Plus, Microsoft's Latest Debt Crisis)
Looking at Mexico in isolation
From India to Italy: Richard Stallman's Next Talk is Next Week in Torino
Announced less than a day ago
Corporate Media is Intentionally Lying for Microsoft, There's Now a Hiring Freeze, No Replacements for Workers Laid Off in Two Mass Layoffs Last Month
Maybe the media - at least some of it - actually deserves doom. If it covers up for the powerful to muzzle and gaslight the oppressed, then what sort of media is that anyway?
Gemini Links 04/02/2025: Tolkien and New Job
Links for the day
Covering EPO Scandals in an Age of Mass Censorship (and Europe Being Afraid to Introspect, for It Might "Help Putin")
It was all along expected that "external enemies" would be invoked to suppress discussion about EPO crimes
Facebook Finally Admits That It Censored Linux and Banned People for Mentioning It; statCounter Shows Rapid Growth for GNU/Linux in Southeast Asia
So GAFAM is losing its power
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 03, 2025
IRC logs for Monday, February 03, 2025