Bonum Certa Men Certa

The Supreme Court's SAS Decision and the Race/Campaign to Undermine PTAB With Iancu's Help

Recent: The Patent Trolls' Lobby (IAM) Already Pressures Andrei Iancu, Inciting a USPTO Director Against PTAB

Speed Bump



Summary: As one might expect, people who profit from patent litigation are trying to stop or at least curtail/slow down the Patent Trial and Appeal Board (PTAB), whose primary function is preventing frivolous patent lawsuits by annulling improperly-granted patents (typically those that are actively being used to issue spurious threats)

AS the previous post noted, Oil States is being forgotten about and it's no accident. It's intentional. The general idea is to leave behind anything which legitimises PTAB and instead promote anti-PTAB clauses and cases. The USPTO seems cooperative with the latter agenda, especially with Iancu in charge. Add to all this a front group (BIO) or two and it doesn't look particularly encouraging. The PTAB-hostile BIO had an "International Convention" advertised 24 hours ago. Guess what's on the agenda... there's also this upcoming 'webinar' on divided infringement, advertised 24 hours ago as well.

"Lawyers can 'clock' more time (time is money, billing) and PTAB won't manage to deal with as many petitions."Yesterday we wrote about pharmaceutical patent lawsuits soaring in Delaware and days ago we found this new report, which is titled "Delaware District Dismisses BPCIA 'Private Right' Claim; Says Controversy Not Sufficiently Immediate" (neither private nor a right, just like patents). As we shall recall in our next post, pharmaceutical patent litigants nowadays go extremely far to challenge courts or tribunals -- to the point of resorting to "scams". Things have gotten really dirty. In Promptu Systems Corporation v Comcast Corporation et al, as Docket Navigator noted the other day, the "Plaintiff’s Former Officer and Lead Inventor Disqualified as Consultant for Defendant" (conflict of interest is clear here). To quote:

The court granted plaintiff's motion to disqualify plaintiff's former officer/lead inventor of the patents-in-suit from consulting with defendant on non-confidential matters.


Anyway, it's getting hard to challenge PTAB or win patent cases in US courts. That's mostly because so many US-granted patents should never have been granted in the first place. The tactics among the litigation industry nowadays revolve around smearing PTAB and, as we noted yesterday, smearing the high courts as well. Again, this is really, really dirty.

An article by David M. Maiorana (Jones Day) recently (last week) recalled the SAS case and said this:

On April 24, 2018, the U.S. Supreme Court issued its decision in SAS Institute Inc. v. Iancu, where the Court held that the Patent Trial and Appeal Board (PTAB) must issue a final written decision as to any patent claim challenged by an IPR petitioner. Just two days later, the PTAB issued written guidance on the impact of the SAS decisions on AIA trial proceedings.

[...]

The SAS decision has rapidly changed practice before the PTAB. Practitioners must closely watch for future changes. The guidance notes that the PTAB will continue to assess the impact of the SAS decision and will provide further guidance in the future if appropriate. Jones Day will continue to monitor the situation and will provide further updates in this blog.


What about Oil States? It was by far more important a decision. As a reminder, the patent microcosm tries very hard to distract from it. See our previous posts on this matter:



Also obsessing over SAS were the patent maximalists of Patently-O, who have been trying to slow PTAB down for well over a year and nowadays promote Droplets v Iancu. The agenda is very clear to see. To quote Dennis Crouch's latest:

Although non-precedential, Valmont Indus. v. Lindsay Corp (Fed. Cir. 2018) appears to be the first post-SAS Federal Circuit opinion involving a partially-initiated inter partes review (IPR) proceeding.

In its IPR petition, Lindsay challenged all 18 claims of Valmont’s U.S. Patent No. 7,003,357. The PTAB instituted, but only to claims 1-15 and 17-18 — the case against Claim 16 was not strong enough. In its final decision, the PTAB found the claims obvious except for claim 11 and, of course claim 16 (whose validity was not tried).


So PTAB reached the same conclusion, albeit more slowly. The patent microcosm is just trying to make life harder for PTAB. Iancu seems rather friendly towards this agenda. Lawyers can 'clock' more time (time is money, billing) and PTAB won't manage to deal with as many petitions (IPRs).

Recent Techrights' Posts

Banned evidence: Ars Technica forums censored email predicting DebConf23 death, Abraham Raji & Debian cover-up
Reprinted with permission from Daniel Pocock
Intimidation, Threats, and Bullying Not Tolerated by Techrights
When it comes to our reporting, safety always comes first
Something to Celebrate in Gemini Protocol
More capsules and users join in
 
Costa Rica Almost Bankrupt Because of Microsoft
the incidents in Costa Rica are Windows incidents
Gemini Links 29/03/2025: Art of Looking, Wireguard, EMacs
Links for the day
Links 29/03/2025: Attacks on Social Security and War Updates
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 28, 2025
IRC logs for Friday, March 28, 2025
A World Without Rules
We're long insisted on better laws and actual enforcement of them (applicable to all, not selectively applied)
IBM's BS (Bait, Switch) Regarding Ways to Stay Onboard
PIPs, RTOs, and forced relocations are just an illusion of choice (or ability to recover)
statCounter Sees Microsoft Windows Falling to New, Unprecedented Lows in Palau
Taking Android into account, Windows is now down to an all-time low of 14%
Google News Lost the Fight to LLM Slop (While Google Itself Sells Slop, Nowadays Under the Name "Gemini")
Many people say that "Google is getting worse"; that's almost an understatement
Links 28/03/2025: AirAsia Trouble Again, UMich Culls All DEI Programs
Links for the day
Gemini Links 28/03/2025: Alexa is for Gullible People, Rant About Feature Overload
Links for the day
The SLAPPs From the Microsoft Strangler (and Sidekick) No Better Than Patent Trolling
one must never settle with trolls
Links 28/03/2025: Last Reminder "to Delete Your 23andMe Data", "UK's First Permanent Facial Recognition Cameras Installed"
Links for the day
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025
Links 27/03/2025: Obituary to a Shop, Russia Trying to Buy Time
Links for the day
Links 27/03/2025: Slop, Autosuggestions, and Nostr
Links for the day
Apparently Confirmed: IBM Layoffs in Canada Today, Hundreds Affected
Impacting "177 people", says one person, "in Ottawa"
When Windows Was Dominant (1990s) Browser Monopoly Meant MSIE, But Now Google Android is Dominant and the Web in a 'Webapps' Era Works With (or Is Designed for) Chrome-isms
We've been there before
Slopwatch: BetaNews, LinuxSecurity.com, and the Attack on Web Search Using Fake and Likely Plagiarised Pages
Changing a few words here and there won't change the fact that it's not properly authored
Links 27/03/2025: U.S. Honeybee Deaths Reach Record High, Legal Occupation Next in Line After War on Science
Links for the day
Using Courts for 'Revenge' is Always a Losing Strategy
Trying to cause someone you dislike to spend a lot of money
IBM CFO James Kavanaugh Refers to Firing of Almost 10,000 Americans as "Workforce Rebalancing" (Shifting IBM's Centre of Balance to Low-salary Contracts/Countries)
The scale of IBM layoffs is getting too large to evade WARN Notices
[Video] Dr. Richard Stallman's Keynote Speech in Kerala Finally Uploaded
In non-free format and proprietary YouTube, but perhaps that's better than nothing
Islands Are Leaving Microsoft Behind, According to statCounter
Android has had a very strong year
EPO Management Fails to Deny That the Office is Discriminating Against Women
Europe's second-largest institution isn't just exceedingly corrupt but also immoral
In Some Countries the Market Share of Vista 11 is Going Down, Not Up
despite being released in 2021
Rumour: Mass Layoffs in IBM Canada Today
Maybe later today some people from Canada will say something firmer and maybe some media will even talk about that
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 26, 2025
IRC logs for Wednesday, March 26, 2025
Gemini Links 27/03/2025: X-Files' "Kill Switch", Orlando, and ASN (Autonomous System Number) 'Hack'
Links for the day