Bonum Certa Men Certa

The Anti-PTAB (Patent Quality), Anti-ۤ 101 Lobby is Losing Its Mind and It Has Become Amusing to Observe

It is actually Watchtroll who should consider stepping down and maybe a career change

Watchtroll



Summary: The rants about the Patent Trial and Appeal Board (PTAB), the courts and even the law itself have reached laughable levels; this reveals that the real agenda of patent maximalists is endless litigation and their methods boil down to those of an angry mob, not legal professionals

THE REFORMS implemented at the USPTO 7 years ago (AIA), combined with a long series of Supreme Court decisions, have changed the 'attack surface' of patent lawyers. Patents are no longer presumed valid because many are not.



"Patents are no longer presumed valid because many are not."We sometimes amuse ourself trying to see what patent extremists are saying. Watching their reactions can be literally funny. Just a few hours ago Watchtroll threw another tantrum, in which the blowhard in chief quote-mined the Director of the USPTO to come up with the headline Section 101 ‘weakens the robustness of our IP system’ (attributing this to Iancu, a friendly hand).

“...we generally view him as somewhat of a caricature of the patent microcosm -- a little bit like the "Fox News" of the patent world.”Attacks like these (on Section 101, courts, PTAB and so on) aren't uncommon. They're a case of quote-mining. This is Watchtroll's style. Whether he accepts it or not (we refer to the site and the person as "Watchtroll"), we generally view him as somewhat of a caricature of the patent microcosm -- a little bit like the "Fox News" of the patent world.

Watchtroll constantly attacks PTAB, hoping that it would magically go away like Michelle Lee did (after Watchtroll had sort of endlessly bullied her). Watchtroll last attacked PTAB again about 8 hours ago. When the US Supreme Court said that it was absolutely fine with PTAB (just under a month ago in Oil States) Watchtroll characteristically attacked the judges, the courts, and just about everyone! This too isn't uncommon. Watchtroll does it all the time. It last smeared the high courts only a couple of weeks ago. It smeared the US Supreme Court only about a week ago.

Truly pathetic is the fact that Watchtroll has just, once again, boosted the 'United States' (not really) Chamber of Commerce 2018 "Global IP Index," which is misleading propaganda of the highest order, delivered/put forth to officials on behalf of patent extremists (insulting their own country in an attempt to change policy). David Wanetick actually keeps promoting this nonsense, which many patent rationalists are openly rejecting (they mock this index).

Meanwhile (also earlier today), Professor Michael Risch mentions a Koch-funded AstroTurfer (or patent trolls' mouthpiece), Adam Mossoff. It's a pseudo-scholar whose goal seems to be feeding anti-PTAB talking points to Justice Gorsuch and others (on Koch's payroll). It worked in Oil States and he publicly bragged about Gorsuch citing/quoting him in the decision. This reaffirms the view that the Koch brothers control Gorsuch by proxy, but anyway, these are the concluding words from Risch:

But much of this work is historical. Of late, as the abstract notes, it's all about the what: What inventions? What classes? What litigation? How many claims? I think people clamor for stories about innovators; I believe my most downloaded (by far) SSRN paper, Patent Troll Myths, resonated because it looked hard at the innovators - individuals to small entities to large companies. Dan Burk looks at innovators (but without data) in Do Patents Have Gender?

I'm sure there are examples I'm not thinking of, but more data and analysis in this area would be welcome. Patents exist in service to their inventors, and so it makes sense to understand who those are to better understand whether patents are achieving their goals...or even what the goals are.


Patent scholars who work for universities and not for think tanks of billionaires do understand that patent balance is needed. Patent maximalism has no place in academia. Because it's simply irrational and detached from reality...

Looking at some other sites of the patent microcosm throughout the day, we've found Michael Loney speaking about PTAB changes that are relatively minor (they already leave Oil States well behind, perhaps hoping not to draw much attention to it). Loney wrote:

Patent owners may not benefit from the proposed shift to the Phillips claim construction standard at the PTAB if it reduces the chance of a stay and leads to a less nuanced Markman construction

Patent owners [sic] have long called for the change proposed by the USPTO last week for the Patent Trial and Appeal Board (PTAB) to use the Phillips standard for claim construction. But it is questionable they would benefit much from it.


We wrote about this over the weekend. It's very much overblown. Michael Borella also wrote about the Patent Trial and Appeal Board (PTAB), namely a kind of rant about ۤ 101. His opening paragraph in the PTAB-hostile Patent Docs:

The Patent Trial and Appeal Broad (PTAB) of the U.S. Patent and Trademark Office has often been criticized [by patent maximalists] for being particularly harsh when reviewing appeals of claims rejected by an examiner of grounds of patent-ineligibly under 35 U.S.C. ۤ 101. According to some sources, examiners are affirmed about 80-86% of the time in these matters.[1] Therefore, when the PTAB reverses an examiner's ۤ 101 rejection, it is worthwhile to note how and why.


These rates say nothing about whether that's just or unjust; if some doctor deems/detects 90% of babies as having no birth defects, does that make the doctor "harsh" or "biased"? No. That's just very irrational an argument.

The truth of the matter is, the patent microcosm refuses to accept reality and protests against it by bashing the laws, bashing the court, bashing jurists/judges and so on.

Many patents are absolutely fine. They're not abstract. Here's a new example -- in the form of today's press release -- of patents on more physical things and here's another:

Sigma Labs, Inc. (NASDAQ:SGLB) (“Sigma” or the “Company”), a provider of quality assurance software under the PrintRite3D€® brand, today announced that the Company was allowed a seminal patent entitled “Method and System for Monitoring Additive Manufacturing Processes.” The patent provides protection for methods of assuring part quality using real time data from multiple sensor types.


Manufacturing and sensors aren't the same as some silly algorithms reducible to mathematics, which is the sort of patents that PTAB regularly deals with. If the patent maximalists refuse to accept that the law was corrected and that it actually helps technology companies, then they simply aren't interested in science and technology, only litigation. Let them sob...

Recent Techrights' Posts

Rhino Linux Can (and Perhaps Should) Promote Alternatives to Microsoft Instead of Preloading Microsoft
Deeper down inside Rhino Linux there's a problem
Slashdot is Once Again Publishing Lies and Revisionism for Bill Gates, Citing Microsoft's MSN to Rewrite History and Distract From the Jeffrey Epstein Crimes
Of course this also distracts
Too Big, Will Fail (How Linux Grew Way Too Fat)
Linux has very extensive hardware support, but that comes at a cost
Richard Stallman Gives Keynote Address in a Few Hours
Richard Stallman's personal site was updated to give more details
IBM Layoffs in 2025: Rumours Say Even Managers Will Get the Axe, Some Via Loopholes Like PIP and/or RTO (Preparations Already Underway)
Where does IBM's money go?
FOSDEM Talks Are Vanishing
They no longer seem to be taking money from Microsoft and/or its tentacles
 
Links 27/01/2025: Lukashenko's Sham Elections, TikTok for Insurrection Loyalist (Larry Ellison)?
Links for the day
Gemini Links 27/01/2025: IndieWeb Musings and Devlog
Links for the day
IBM Layoffs in "Co-location Mandate" Clothing
It's possible that later this week, around the time of the so-called 'results', many layoffs would be announced
Microsoft-Funded IDG Seems to be 'Googlebombing' the Term Free Software to Promote Proprietary Spyware Too
Microsoft advocated along with other proprietary things
Videos and Photos of Richard Stallman's (RMS) Keynote Address in India Earlier Today
He probably told the target audience (India) a thing or two about the role of proprietary software in colonialism
GAFAM Hates - Except in a Worryingly Parasitic Way - GNU/Linux and Its Freedoms (or Its Users)
Let the story from DistroWatch serve as a reminder that the era of Social Control Media is over
Links 27/01/2025: Social Control Media Explores Propaganda for Racism as a Business Model, China’s Tibet Dam Criticised
Links for the day
Microsoft Relegated by Manchester United
No Microsoft
Gemini Links 27/01/2025: Mental Locomotion, Gemini Protocol Bots From China, and Domain-Specific Languages
Links for the day
Microsoft Still Hires Journalists to Reward Them (Belated Payment) for Microsoft Propaganda
The PR/lying pipeline
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 26, 2025
IRC logs for Sunday, January 26, 2025
Links 26/01/2025: Privacy Breaches and Growing Nationalism
Links for the day
The UK's Press Gazette Has No Credibility Anymore, It Celebrates Plagiarism and Cheap Misinformation (This Ruins Linux Sites Too)
They encourage a form of plagiarism and that even ruins "Linux" sites
Journalistic Malpractice Helps Bill Gates Cover Up His Marriage Collapsing Because of His Very Deep Ties to Jeffrey Epstein (and It's Melinda Who Dumped Him, Divorce Proceedings Started by Her in 2019)
you can alter narratives and perceptions worldwide
The Linux Foundation's Certificate Authority (CA) Let's Encrypt Hits New Lows in Geminispace
13 known capsules still use it
How "Open Source" Became Microsoft (But It's Actually Proprietary, OSI is an Openwashing Front Group Now)
They're still trying to rewrite history, but it's harder when Richard Stallman (RMS) is alive
Links 26/01/2025: Chatbot Woes and UnitedHealth Data Breach (Windows TCO)
Links for the day
Gemini Links 26/01/2025: The Postman and More
Links for the day
Links 26/01/2025: Fentanylware (TikTok) Turns to Hype/Pyramid Scheme, Insurers Failed to Comply With Federal Law
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 25, 2025
IRC logs for Saturday, January 25, 2025
Gemini Links 25/01/2025: Plaintext Weblog Posts and Software Development
Links for the day
More Details Emerge About Upcoming Long-Rumoured Layoffs at IBM
Without leadership there's no coordination
Links 25/01/2025: Microsoft Chaffbot Offline and Advocacy/Dissent in China Muzzled
Links for the day
Frequent Flyers of the 'Lolita Express' (Where Screwing Underage Girls is Big Business)
In the words of Bill's wife and mother of his 3 children
Microsoft-Sponsored Inauguration as a Reminder to Boycott Microsoft
If you do not support what's happening politically right now in the US, then stop giving money (or anything else) to Microsoft
Fund-Raising for Initiative Introducing Teens to Free Software Instead of Junk Like Bytedance's TikTok
A crowdfunding campaign coming soon
Bringing Down or Taking Down an Innocent Man is Difficult
One positive thing about all this is that we've come to witness (and meticulously document) how social control media works for the mob
Plagiarism at LinuxSecurity.com, Piggybacking Other People's Hard Work and Googlebombing "Linux"
They are googlebombing Google, and worse yet, they leverage bots to do this
Gemini Links 25/01/2025: Pictographs, Non-voters, and Frustrations
Links for the day
Links 25/01/2025: Microsoft Already Shutting Down Its UK "Experience Centre", "AI Deal" Linked to Atrocities
Links for the day
Red Hat is Required to Promote Microsoft's Proprietary Stuff and Even Produce Puff Pieces (Mindless Fluff) About It
Notice the aspect of bribed "media" or "news" or "press coverage" (pay-to-say)
The Limits of Freedom
This is generally not a new problem
The Fall of Corporate Media Controlled by Oligarchs Who Boost (or Are Compelled to Boost) Reckless Lies About the Poor While Normalising Rich People's Crimes
No wonder they have layoffs
IBM Layoffs (or Replacement With Low-Cost Labourers) Far Greater Than Reported by IBM
they serve to confirm what we've long said not only in relation to IBM but also Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 24, 2025
IRC logs for Friday, January 24, 2025