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

Corporate Media: Blame the People Who Enter the Abandoned IBM Buildings, Not IBM for Abandoning Workers in Pursuit of IT Sweatshops
When the media spreads falsehoods stocks can go up (a lot higher), but at whose expense and how long for?
SUEPO Munich Report on the Recent EPO Demonstration and Rolling Strikes That Continue to Grow
"increasing registrations for the 'rolling strikes' running until autumn"
Gemini Links 11/07/2026: Old Computer challenge, Poems, Antenna, and More
Links for the day
 
ChromeOS and GNU/Linux in the United Kingdom Reach 11%
the UK shows signs of digital maturity
Canonical is Selling Microsoft, It Pays The Register MS to Sell Microsoft
It's all about money to them. And they call this journalism.
When Red Hat's HR Becomes the Same as IBM's HR (Bluewashing)
Red Hat keeps sacking very experienced engineers and adding temporary interns
GNU/Linux Growing in East Asia
Assuming this is more or less accurate, we could use a plausible explanation
Over a Week After Microsoft Discontinued Some XBox Models It Apparently Exits Some Markets Altogether
We seem to be witnessing the end of XBox
Links 11/07/2026: "Trademark wars of Influencer Culture", Xinuos Uses Copyrights Versus UNIX
Links for the day
North America: GNU/Linux Measured at 10%
To better understand what contributes to the gains
Following Corrections and Adjustments statCounter Sees GNU/Linux at 7.1%, an All-Time High
There is a lot of layoffs at Microsoft this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 10, 2026
IRC logs for Friday, July 10, 2026
Links 11/07/2026: Wednesday-Saturday News Catch-up
Links for the day
Prioritising High-Importance News
In order to fully catch up with news we'll not publish many new articles until next week
The Register MS: "AI" More Than 80 Times in One Article. But It's Not an Article, It's Sponsored Keyword-stuffed Page.
The Register MS is being paid to actively promoted this scheme
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 09, 2026
IRC logs for Thursday, July 09, 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 08, 2026
IRC logs for Wednesday, July 08, 2026