Bonum Certa Men Certa

The United States is Far Better Off With the Patent Trial and Appeal Board (PTAB), So Why Do Lawyers Attack It?

Simple answer: because their loyalty to their bank account by far exceeds their loyalties to science, innovation, and their nation

Military parade
Patent lawsuits are to patent lawyers what wars are to military/arms manufacturing



Summary: The anti-PTAB lobby (which is basically the pro-troll or pro-litigation lobby) continues to belittle and insult PTAB, having repeatedly failed to dismantle it; in the meantime PTAB is disarming several more patent trolls and removing from the system patents which were granted in error (as well as the associated lawsuits)

THE appeal boards (BoA) of the EPO and PTAB at the USPTO are like independent audit mechanisms, tasked or set out to ensure patent quality. It is widely known -- as it is recently reaffirmed by scholars -- that patent offices often strive to just maximise the number of patents granted in order to attract further applications (more of the same), in effect granting monopolies irrespective of their merit/impact on the economy/industry/public interest.

"So what we have here is a bunch of lawyers basically demanding that US Congress revisits AIA, cherry-picks Oil States, and makes PTAB's life (or work or profession) a lot harder."Techrights does not oppose patents; it opposes patent maximalism. It's against that scourge of bad patents granted purely for the sake of granting more patents. EPO examiners 'get' it, but the EPO's management keeps threatening them if they don't embrace patent maximalism and that is a profound threat.

Today's first post concerns PTAB because Watchtroll, an anti-PTAB site, has just written about ECCO v Skechers (a case mentioned here earlier this month in passing, with only some sketchy details about Skechers). Watchtroll took note of PTAB's relevance to Skechers:

Skechers has also been an avid user of the Patent Trial and Appeal Board (PTAB) to challenge the validity of patents held by either Nike or Adidas. To date, Skechers has filed a total of 20 petitions for inter partes review (IPR) at the PTAB. Not once has it been in front of the PTAB as a patent owner defending the validity of its own patents.


So what? Maybe that just means that Skechers has little interest in patenting or only has very (albeit solid) patents. Watchtroll is agitated by IPRs simply because the site serves the interests of the litigation 'industry' (which PTAB is a threat to). It should be noted that on the very same day (yesterday) Watchtroll was still protesting against PTAB itself (its very existence, even after Oil States). To quote the gist of it all:

In the AIA, Congress gave any person other than the patent owner the substantive right to petition the government to take a second look at a previously issued patent franchise in an IPR proceeding. 35 U.S.C. €§ 311(a); see also Oil States, slip op. at 2. Congress further expressly provided that a party dissatisfied with the Board’s decision in such a proceeding can seek judicial review by the Federal Circuit and be a party in such an appeal. 35 U.S.C. €§ 319; see also Oil States, slip op. at 4.

Thus, Congress created a statutory right (the right to file a petition and if instituted obtain a proper final written decision), which if deprived confers standing on the petitioner, even if the petitioner “would have suffered no judicially cognizable injury in absence of the statute.” Warth, 422 U.S. at 514; see also Linda R.S., 410 U.S. at 617 n.3. The Federal Circuit’s holdings in Consumer Watchdog, Phegnix and RPX to the contrary are wrong and should be reversed.


So what we have here is a bunch of lawyers basically demanding that US Congress revisits AIA, cherry-picks Oil States, and makes PTAB's life (or work or profession) a lot harder. This fits the pattern of lobbying we've seen for well over a year at Patently-O, another site which fronts for the litigation 'industry'.

Speaking of Patently-O, earlier this week it wrote about printed publications qualifying as evidence of prior art. US patents and invalidation thereof (based on them being not novel or simply utter rubbish) may now be subjected to a new form of supporting evidence:

In Medtronic Inc. v. Mark Barry, the PTAB confirmed the patentability of some of Barry’s patented back-straightening claims found in U.S. Patent Nos. 7,670,358 and 7,776,072. The saving-grace for Barry was a PTAB ruling that a set of Videos and Slides distributed by Medtronic did not count as prior art “printed publications” because they were not sufficiently publicly accessible prior to Barry’s application filing. On appeal, however, the Federal Circuit has vacated the lower tribunal opinion — holding that the Board did not consider all the relevant factors in its determination.

Section 102 of the patent act establishes “printed publications” as a form of prior art.


And why not? Section 102 speaks of prior art and so does Robert Jain, whose employer (Unified Patents) uses prior art to invalidate patent trolls' patents when Section 101 isn't enough. Red River Innovations is basically a patent troll which we wrote about a couple of months back, one month after Unified Patents had announced $2,000 bounties for prior art. Soon enough it won't even even a patent based on yesterday's update from Jain:

Unified is pleased to announce the PATROLL crowdsourcing contest winner, Rajesh Singh, who received a cash prize of $2000 for his prior art submission for U.S. Patent 7,526,477, owned by Red River Innovations, LLC, a, NPE. The '477 patent, directed to an electronic text recommendation system, has been asserted in multiple district court cases. To help the industry fight bad patents, we have published the winning prior art below.


Good riddance. That's justice in action.

Another very notorious patent troll, Uniloc, is about to lose a key patent because (as Jain put it):

On June 11, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims in an IPR filed by Unified against U.S. Patent 7,092,671 owned and asserted by Uniloc Luxembourg, SA, a well-known NPE. The '671 patent, directed to an automated telephone dialing system, has been asserted in multiple district court cases against such companies as Apple and Samsung.


They pretend to be in Luxembourg. We already wrote a great deal about Luxembourg as a facilitator of patent trolls and tax evasion through patents.

Going back to Patently-O, it turns out that another bogus patent was caught up by PTAB and then invalidated/lawsuit dropped. Only lawyers won this case (legal bills) and now they bicker/argue about who's going to pay:

Typical initial setup of a patent infringement lawsuit: the patentee (Stone’) sued Cook for infringement; Cook then requested an inter partes of the asserted patent. What happened next was odd — after Cook refused a $150k settlement, Stone conceded the IPR (all claims then cancelled) as well as the lawsuit (dismissed with prejudice).

Note here that the invention looks pretty cool – an endoscope with a basket-type device for extracting stones from a human body — such as ureteral, kidney, or gall stones. U.S. Patent No. 6,551,327. The problem apparently is the invention’s lack of novelty.


As a side note, Patently-O has also just published interesting new data (or presentation thereof). Over time, as we noted a few days ago, more 'faked' names get listed/named in patents/applications for patents. Based on some more graphs from Dennis Crouch, which he has just published, the growth is linear and consistent. He put up the graphs while noting:

The chart below is a follow-up my prior post involving teams of inventors. The chart shows the average number of inventors per utility patent. For patents issued in first five-months of 2018, about 5% have 7 or more inventors.


Suffice to say, few of these are actually involved in the so-called 'invention'. They're just collectively gaming the system to have their names mentioned in as many patents as possible.

Recent Techrights' Posts

SLAPP Censorship - Part 128 Out of 200: Making Laws Work for Britain, Not Oversensitive Americans Looking for 'Revenge' by Lawfare
The SLAPPs are intended to protect corporations (employers like Microsoft)
Brett Wilson LLP is Downsizing, Apparently Closing Down the Oversized and Overpriced Office
Address changed 13 hours ago
The United States Lost Freedom of Speech
independence refers to a condition, not an activity
 
At Microsoft "the Morale of Developers is at an All-time Low"
Numerous reports today say that after at least 5 studios got marked for shutdown (mothballing) by Microsoft there are rumours about Obsidian as well
Links 05/07/2026: Data Breaches, Heat Waves, and Weinstein Rape Conviction Upheld
Links for the day
Confidentiality at Risk With Slop 'Coding'
People who continue to cheer for slop aren't just misguided fanbis and fangurls
False Narratives of Slop "Efficiency" as Debt Climbs
false stories about slop
July 8 as "D-Day" for Microsoft, Mass Layoffs Planned
Microsoft's grip on the market has slipped for a long time
GNU/Linux Leaps to 6% in Thailand
Can we expect 10% by year's end?
EC Looking for Input on Digital Networks Act Until Next Month
New initiative
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 04, 2026
IRC logs for Saturday, July 04, 2026
Gemini Links 05/07/2026: Ragebaited and Removing Lines in Emacs
Links for the day
Links 05/07/2026: "Tesla Slams Into Crowded Cafe" and "ChatGPT [Turned] Into a Sociopath"
Links for the day
BRICS and Windows: All-Time Lows
Expect many more Microsoft layoffs in years to come
Do No Evil, Do Not DDoS
Sites that attract DDoS attacks because of their message are sites that are difficult to debunk or debate
France is Winning the Race Against Windows
France instructs, then orders, government agencies to adopt GNU/Linux
Not 2.5% and Not 2.5 Billion Dollars for "Hey Hi"; 2 Waves of Microsoft Layoffs Rumoured This Month, July 8th, Then July 22nd (Just Before 'Results')
People there join unions, knowing they will be terminated silently or otherwise
Microsoft Double Trouble With Slop
What does Microsoft even sell at this point?
Based on US Government Sites, GNU/Linux Has Reached About 8% "Market Share" in Desktops/Laptops
Culled to exclude mobile platforms, GNU/Linux would likely be above 8%
TheLayoff.com is Deleting Comments About IBM Offshoring
Meanwhile, rage-baiting Internet trolls and sometimes trolls who paste in LLM slop are immune from censorship
American Independence Needs Independent Media
The American regime's hostility towards media is an international problem
Techrights Was Always a Community Platform
Techrights is about whistleblowers
Phenomenal Growth for GNU/Linux in Afghanistan
This is impressive because for many years it was registered at near 0%
Daniel Pocock Pursuing Complaint in the United States Against Software in the Public Interest (SPI) et al
It seems like the only people who don't support him are those whom he criticises
Gemini Links 04/07/2026: Busy Squirrel, Independence Day Celebrations, PalmOS Programming
Links for the day
Canonical/Ubuntu is Breaking CP (cp) to Help Microsoft Turn Coreutils Into Proprietary Software for Windows
What we could do reliably in the 1970s (before GNU) we cannot do in 2026?
Free Software Has No Kings or CEOs
The kingdom is a cross-border phenomenon, so national flags and other such symbolism overlook the core problem [...] Free Software can help lead us out of the current imbalances
IBM Replacing the People Who Built IBM With Cheaper and Younger Staff, According to IBM Insiders
This is a very common sentiment in IBM
For USA 250 Microsoft is Messing With Our Minds (2.50%) to Distract From Mass Layoffs
The slopfarms contribute to this noise
"Defective by Design" Turns 20
DBD is still as relevant as ever (probably more relevant than ever before)
A Bicycle for the Feeble Mind, or How Computers Got Worse for Productivity (Intentionally)
Many of us still adopt and champion the "workstation" mentality
Links 04/07/2026: Microsoft Tax Haven (Evasion) Tactics, Tobacco Bans, and More
Links for the day
Links 04/07/2026: 2026 Old Computer Challenge and Trying Gopher
Links for the day
SLAPP Censorship - Part 127 Out of 200: Lawsuits by Americans Filed in the UK a Burden on British Taxpayers, No Way to Recover the Funds When Americans Lose Their Cases
Are Garrett and Graveley 'pulling a 4Chan'?
Links 04/07/2026: USMCA (Covering Software Patents) Might Not be Renewed, Slop Bros Try to Pay Weird Al to Endorse Their Scheme
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 03, 2026
IRC logs for Friday, July 03, 2026
Gemini Links 03/07/2026: Mindfulness Practice and "Slop Is Killing the Human Spirit"
Links for the day
Links 03/07/2026: Openwashing of Slop in "Linux" Clothing and "Happy Birthday, America"
Links for the day
John Been (reallinuxuser.com) May Have Crossed Over to the 'Dark Side' of LLM Slop
It 'smells' like it, a scanner seems to concur
Who or What is "Nadeko"?
Fijxu's services make life a lot easier for Free software sticklers
10 Years Since the World Lost Ian Murdock
My wife and I still use Debian, as does this site
No, Microsoft is Not Laying Off 5,000-6,000 But a Lot More
There are "buyouts", "PIPs" (silence layoffs), pink slips, and future waves, not counting subsidiaries and contractors
The Cyber Show's Andy and Helen Confronting 'Upgrades'
the latest from Andy and Helen
statCounter Sees Almost 1 in 10 Desktops or Laptops in Egypt as GNU/Linux Workstations
10% "market share" (for GNU/Linux) was nearly attained last month
The March of GNU/Linux in the Russian Ally, Belarus
record high for GNU/Linux in Belarus
Being Prevented From Accessing One's Own System Means Getting Locked Out, Not Security
a metaphor
Technology is Getting Objectively Worse and Less Reliable
Something went horribly wrong
FOSS Force 2026 Independence Drive Lacks Independence From GAFAM's 'Linux' Foundation
We're not trying to 'bash' FOSS Force
News That Matters, News That's Exclusive, and News LLM Slop Will Never Get Right
Churning out blog posts just for quantity's sake was never our goal
3/4 (Three-Quarter) of Requests Seen by statCounter (Originating From Desktops/Laptops) Deemed to be "Linux" in San Marino
74% Linux, it says...
The Linux Foundation Does Not Work for Linux, Definitely Not for Free Software
works for its biggest sponsors, i.e. companies like Microsoft, IBM, and others
Independence and Software Freedom
Much work remains to be done
The European Patent Office's (EPO) Crisis Week Ends Today, the Rest of the Year Will be EPO Staff on Strike
The outcome of the two-day meeting won't change the fact that EPO staff is on strike for the whole year
European Patent Office (EPO) Series: Operation Monte Titano: Micro-State Diplomacy
On 28th May 2026 EPO President António Campinos paid a visit to the Most Serene Republic of San Marino where he was received with full diplomatic honours
Links 03/07/2026: Slop "Isn’t Replacing Lawyers", "App Fatigue"
Links for the day
Statement on This Week's DDoS Attacks
DDoS attacks are not a "badge of honour". They are a nuisance.
Skinnerboxes as Health Problems and Impediments (Against Happiness)
skinnerboxes are a form of addiction
Costa Ricans' Adoption of GNU/Linux Reaches New Highs
Windows is doing poorly in general
British Women Don't Want to Work for American Men Who Attack American Women
"[g]reeting clients and preparing beverages"
Mass Layoff Event on June 30 at Red Hat? Let Us Know...
We are looking for more Red Hat whistleblowers
Gaming on Windows is in Trouble, XBox is Practically Dead Already
It seems increasingly clear that Microsoft wants to get rid of XBox
New Record for GNU/Linux in the World's Largest Muslim-Majority Population (287,983,025)
Will Indonesians leave GAFAM behind?
SLAPP Censorship - Part 126 Out of 200: Becoming More Aggressive Against Us Only Proves Us Right
the police involved
IBM Red Hat Kicks Out the Community, Promotes Slop
It has gotten so bad
The Register MS Covers "AI" Because It Gets Paid to
A lot of noise "in the news" about "AI" is paid-for trash
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 02, 2026
IRC logs for Thursday, July 02, 2026
Gemini Links 02/07/2026: OpenBGPD, Newt and OpenBSD, Indieweb Theme for Ghost
Links for the day