Bonum Certa Men Certa

Even After SAS Institute, Inc. v Iancu (Decision on PTAB) There's No Stopping the Crackdown on Bogus US Patents

No sunsetting for the Patent Trial and Appeal Board (PTAB)

Flower sunset



Summary: Technology firms take advantage of PTAB, eliminating patents that should never have been issued by the US patent office in the first place; that makes it incredibly difficult for patent maximalists (led by Iancu) to phase PTAB out, more so after Oil States Energy Group v Greene’s Energy

THE US patent office (USPTO) is being pressured by the court system (notably the Federal Circuit, led by SCOTUS) to abandon patent maximalism. It'll need to happen. If the Office does not change, people will lose confidence in US patents.



Michael Loney, the editor of Managing IP (a patent maximalism site), wrote about corporate lobbying by pharmaceutical giants for exclusion from the Patent Trial and Appeal Board's (PTAB) proceedings. They basically want to be placed above the law (patent law). Orrin Hatch is a highly corrupt 'politician' who takes bribes from this monopolistic industry as well as law firms; he's trying to protect them from generics (i.e. access to medicine). All that Loney had to say was this:

The Hatch-Waxman Integrity Act of 2018 would require a generic manufacturer wishing to challenge a brand-name drug patent to choose between Hatch-Waxman litigation and IPR, which one observer describes as a “Hobson’s choice”


Where are all the supposed/so-called 'journalists' when one needs them? Like we keep saying, when it comes to patents, reporting is dominated by law firms and patent maximalism sites. So nobody seems capable of bringing up the fact that this bill is indirectly funded by pharmaceutical giants. They just 'buy' politicians to do their footwork; not just lobbyists but actual politicians.

Remember SAS Institute, Inc. v Lee? Earlier this year it became SAS Institute, Inc. v Iancu (Iancu comes from the patent microcosm) and SCOTUS issued a decision that may slow down -- albeit not stop (as per Oil States Energy Group v Greene’s Energy) -- PTAB. SAS Institute, Inc. v Iancu is being brought up again. A patent maximalism site, Patently-O, says that the Federal Circuit got involved in this matter. It believes that when you have a bogus patent and PTAB deems it invalid you should still (potentially) be able to amend that patent rather than lose it, introducing odd notions like "versions" of patents. To quote Patently-O: "In its Final Written Decision, the PTAB partially invalidated Sirona Dental Systems U.S. Patent No. 6,319,006 (claims 1-8 obvious over two prior art references; claims 9-10 patentable). Following cross-appeals, the Federal Circuit the Federal Circuit found no error in these ultimate conclusions, but did vacate the decision based upon the Board’s refusal to allow the patentee to amend its claims."

They're citing SAS Institute, Inc. v Iancu (formerly Lee). The side note says: "The PTAB decision here is the one IPRO where then PTO Director Michelle K. Lee took-up her statutory role as a PTAB Judge."

PTAB is very important as it serves to protect the reputation of US patents by eliminating bad ones, often before they even reach a court or get granted. PTAB is viewed as "Evil" or "Satanic" only in the eyes of a meta-industry that profits from litigation alone.

PTAB isn't supported only by small companies but large ones too. Even Apple, a serial patent aggressor.

As usual, when a patent/PTAB story is about Apple the big media will oblige to cover it aplenty [1, 2]. This latest story has been covered in financial media too, under headlines like "Apple Loves to Fight Patents". Actually, Apple loves to fight with patents, e.g. against Linux/Android. Just because if filed IPRs against Qualcomm does not change that. The story is also in tech media, e.g. [1, 2] and in Apple-centric sites (e.g. 9to5Mac, Mac Rumors, and Apple Insider). Shara Tibken wrote on June 21st for CBS/CNET:

Apple's trying a different tactic in its battle with Qualcomm -- asking for the chipmaker's patents to be declared invalid.

The iPhone maker on Thursday filed petitions with the US Patent and Trademark Office, asking for the four Qualcomm patents be canceled, according to Bloomberg. Those patents are at issue in a fight between the companies over licensing fees that Qualcomm receives for its mobile technology.

Apple argues the four patents -- related to how to focus a digital camera, a device that works as a phone and personal digital assistant, touch-sensitive displays, and circuit memory -- aren't new ideas and shouldn't be valid, Bloomberg said.


This should be considered good news as it also serves to protect Android OEMs. We generally support Apple's side in this whole dispute for this reason.

"Qualcomm faces its first-ever IPRs as Apple turns up the heat in the pair's increasingly fractious dispute," IAM wrote, having published this article about it. To quote:

The sprawling dispute between Apple and Qualcomm, in which the two Califoirnia-based companies are slugging it out in a protracted, multinational dispute, took a new turn yesterday when the iPhone giant filed inter partes reviews (IPRs) against two of the chipmaker’s patents that have been asserted against it in district court. It could well tbe the foirst [sic] time Qualcomm has been forced to defend its patents before the Patent Trial and Appeal Board. The patents in question are 7,693,002 and 8,665,239. The former was filed in October 2006 and issued in April 2010, and the latter was filed in November 2012...


Qualcomm patents are also being challenged at the EPO right now, as we noted last month and earlier this month. What will the final outcome be? Will there be a settlement? We certainly hope that the patents in question (EPs and US patents) will perish before such a settlement is reached (and if it's reached). Qualcomm might be tempted to avoid invalidation at all costs!

Going back to the Supreme Court’s "SAS" (SAS Institute, Inc. v Iancu) decision, Loney takes note of remaining questions:

The big questions remaining after the Supreme Court’s SAS ruling include how institution rates will change, how strategy at the Board should evolve and how district courts and the Federal Circuit will react. Michael Loney investigates

The Supreme Court ruled that the PTAB must institute proceedings on all challenged claims or none at allEight weeks on from the Supreme Court’s decisions in SAS Institute v Iancu and Oil States Energy Group v Greene’s Energy...


The rest is behind a paywall, but the direction he's going at suggests that he wants a slowdown (as do readers/subscribers of such a site, which caters for the patent microcosm).

Worry not; PTAB is only growing in relevance and Oil States assures that Iancu cannot eliminate PTAB. He can try to suppress it, sure, but at what cost?

Another software patent is biting the dust, reports Patent Docs. So will law firms stop pursuing these? No, never. As long as they manage to bamboozle some technical firms into this notion that such patents have value the applications will keep on coming and examiners occasionally grant these. The summary below says that "the challenged claims were found to be unpatentable under 35 U.S.C. €§ 101." How very common. €§ 102 and €§ 112 were also mentioned:

On June 11, 2018, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) issued a final written decision in the Covered Business Method (CBM) patent review between Dish Network Corp./LLC (collectively, "Dish Network") and Customedia Tech. LLC ("Customedia"), in which the challenged claims were found to be unpatentable under 35 U.S.C. €§ 101. (Some challenged claims were also found to be unpatentable under 35 U.S.C. €§€§ 102 and 112, but this post addresses only the €§ 101 challenge.)


It remains to be seen in the coming weeks/months if Iancu's strategy against PTAB goes anywhere. It's clear that he's a closeted foe of PTAB, i.e. against part of his very own employer.

Recent Techrights' Posts

How We Process Screenshots of Slop to Suitably Tag Them as Slop
everything is a single command
Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
 
Team GNOME Has Libeled Me for Nearly 20 Years
we are not dealing with sane people
Experience With Airlines in 'Web Sites' and in 'Apps'
In a lot of ways, Stallman Was Right about what JavaScript would turn out to be
Open Does Not Mean Free
wiser to ask if some program is freedom-respecting
The Register MS Takes Money From Companies Banned by the Biden and Trump Administrations (National Security Risk)
today's sponsor
Sabotaging GNU/Linux PCs (and Users) is Not a 'Joke'
maybe cruelty is the very objective
Links 11/08/2025: Data Breaches, Politics, and Climate
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 10, 2025
IRC logs for Sunday, August 10, 2025
Gemini Links 11/08/2025: Tea Caffeine Hot and Super ZZ Zero
Links for the day
Slopwatch: LinuxSecurity, Brian Fagioli, and Other Serial Sloppers
Maybe Microsoft wants to dub this "Web5"
Gemini Links 10/08/2025: Residents Management Company, Automation, and Politics
Links for the day
Links 10/08/2025: AOL Ending Dial-up
Links for the day
Links 10/08/2025: Webrings, “AI Sunglasses” and “AI Eyeglasses”, US Administration Intensifies Attacks on Science and Research
Links for the day
Sometimes Newer is Worse
We generally need to reject this dumb notion that "old" means bad
The Code Used to Make Techrights Fits on a Seventh of a Floppy Disk (or 100KB When Compressed)
For the sake of comparison I've just downloaded the latest version of WordPress. The ZIP file is 27.2MB in size, or ~27,200KB.
What They Tell Young Programmers
Coding in 2025
Simpler is Better When Simple is Enough
Over-complicating things to "sell" new versions is so 1990s
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day