Bonum Certa Men Certa

Patent Law Firms Have Become Debased and Intolerant of Courts/Judges, Just Like EPO Management

Patent quality is against their business model, which strives for many patent awards and lawsuits (like weapon sales and wars, respectively)

Book of judges



Summary: A few new observations regarding the unreasonable position of patent law firms, which wrongly assume that a patent being granted implies it oughtn't be scrutinised any longer (they want something like a religion, not science where mere claims/hypotheses can be questioned based on their merit)

THE management of the EPO is renowned (or notorious) for attacking judges, refusing to obey court orders, and consciously breaking many laws, knowing that it enjoys diplomatic immunity and thus wouldn't be held accountable. If accountability existed, there would already have been many arrests at the EPO (of the management). There are dozens of possible counts/charges. What we like about the US patent system is that no diplomatic immunity exists there, which means that officials cannot just do as they please without consequences. There are in fact many lawsuits against the USPTO (their directors, e.g. Lee, Iancu etc.) and the USPTO often loses these cases.

"What we like about the US patent system is that no diplomatic immunity exists there, which means that officials cannot just do as they please without consequences."Recently, a case against revocation of patents was lost at the highest level. Oil States determined (or Justices decided) that it's perfectly OK for the USPTO to take patent away (after granting them). The patent microcosm was up in arms and rants on the subject have since then gradually subsided. They just have to learn to live with it.

Joseph Robinson and Robert Schaffer are almost two weeks late in covering this Patent Trial and Appeal Board (PTAB) case which saw an inter partes review (IPR) burden of proof passed to the patent holder. To quote Watchtroll (yesterday's post):

Sirona Dental Systems GmbH appealed the final written decision of the Patent Trial and Appeal Board (“Board”) holding claims 1-8 of U.S. Patent No. 6,319,006 were unpatentable as obvious over the combination of German Patent No. 195 10 294 (“Bannuscher”) and U.S. Patent No. 5,842,858 (“Truppe”), and denying Sirona’s contingent motion to amend the claims. Institut Straumann AG and Dental Wings Inc. (collectively, “Petitioners”) cross-appealed the Board’s decision holding patentable claims 9-10 of the ‘006 patent. The Federal Circuit, in an opinion authored by Judge Moore and joined by Chief Judge Prost and Judge Stoll, affirmed-in-part, vacated-in-part, and remanded-in-part. Sirona Dental Sys. GMBH v. Institut Straumann AG, Nos. 2017-1341, 2017-1403, 2018 (Fed. Cir. June 19, 2018).


In our view, the burden of proof should always be 100% on the claimant. No patents should be presumed valid, especially in an atmosphere of trigger-happy patent trolls and grant-leaning examiners. This is the only way to assure true justice, as we argued in our previous post.

"In our view, the burden of proof should always be 100% on the claimant. No patents should be presumed valid, especially in an atmosphere of trigger-happy patent trolls and grant-leaning examiners."Patent maximalists do not agree with us because they're paid to think differently. To them, making it harder to pursue patents and to sue is an impediment to their 'free market' of recklessness (sending threatening letters, fooling examiners and so on). Case of point? Charles Bieneman.

Lacking any recent outcome in favour of software patents at the Federal Circuit, Charles Bieneman now cherry-picks a district court case, looking at a case almost 3 weeks old! (June 12th, 2018)

It's about 35 USC €§ 101 (Alice/Mayo) and Bieneman wrote:

Patent claims directed to providing output in tactile patterns on a mobile device to provide an encoded message have survived a 35 USC €§ 101 patent-eligibility challenges under the Alice/Mayo test. In Ironworks Patents LLC v. Apple, Inc., No. 17-1399-RGA (D. Del. June 12, 2018), the court denied the defendant’s motion to dismiss for failure to state a claim under FRCP 12(b)(6).


Appeal to the Federal Circuit and see how this gets overturned, as usual.

"The courts are belatedly correcting decades of errors, which yielded millions of low-quality patents and tens of thousands of lawsuits."Charles Bieneman then wrote about prior art (mostly Section 102 (35 USC €§ 102), the subject of an upcoming SCOTUS case). He said this:

Where distinct physical concepts recited in a patent claim and applied prior art are related and can achieve same results, do not count on being able to distinguish teachings of the prior art. In Mobileye Vision Technologies Ltd. v. iOn Road, Ltd., No. 2017-1984 (Fed. Cir. June 12, 2018) (non-precedential), a patent claim recited determining “a likelihood of collision responsive to whether or not the lateral displacement substantially uniformly approaches zero.” The Federal Circuit held this claim obvious, under 35 U.S.C. €§ 103, over prior art showing use of a constant lateral velocity, rather than lateral displacement, to determine a point of intersection. Accordingly, the court agreed with both the patent examiner in inter partes review, and the Patent Trial and Appeal Board (PTAB), that claim 6 of US Patent No. 7,113,867 would have been obvious over a combination of references including US Patent No. 4,257,703. Where distinct physical concepts recited in a patent claim and applied prior art are related and can achieve same results, do not count on being able to distinguish teachings of the prior art. In Mobileye Vision Technologies Ltd. v. iOn Road, Ltd., No. 2017-1984 (Fed. Cir. June 12, 2018) (non-precedential), a patent claim recited determining “a likelihood of collision responsive to whether or not the lateral displacement substantially uniformly approaches zero.” The Federal Circuit held this claim obvious, under 35 U.S.C. €§ 103, over prior art showing use of a constant lateral velocity, rather than lateral displacement, to determine a point of intersection. Accordingly, the court agreed with both the patent examiner in inter partes review, and the Patent Trial and Appeal Board (PTAB), that claim 6 of US Patent No. 7,113,867 would have been obvious over a combination of references including US Patent No. 4,257,703.


This is a fairly recent example where the Federal Circuit -- not some district court -- does the usual thing. As we noted a couple of hours ago, the Federal Circuit is increasingly the subject of attacks from the patent microcosm and, as we noted last night, SCOTUS as well. This is getting ridiculous. What next? Will patent lawyers just march with pitchforks to the headquarters (main office) of the USPTO? These people very clearly forget what the patent system was originally made for (before it got hijacked by the patent 'industry'). The courts are belatedly correcting decades of errors, which yielded millions of low-quality patents and tens of thousands of lawsuits.

Recent Techrights' Posts

Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
 
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role