Bonum Certa Men Certa

Patent Microcosm and New USPTO Director Against Patent Quality Assurance

Pursuing patent tax on virtually everything, irrespective of the broader economic ramifications

High quality tax



Summary: The Patent Trial and Appeal Board's (PTAB) inter partes reviews (IPRs) are very clearly supported by higher/highest US courts; USPTO leadership, however, along with patent extremists such as Watchtroll, push a different narrative

THE new Director of the USPTO is hostile towards PTAB (remember that Director Iancu himself was apparently chosen by Trump for reasons which may include nepotism). We have seen plenty of evidence of it so far (it's well documented here), but SCOTUS and Federal Circuit judges remain firm in their pro-PTAB stance, so Iancu cannot do much. He would rather speak of SAS, not Oil States, but without looking like a fool he cannot marginalise PTAB.



"When will the patent microcosm and their man inside the USPTO (Iancu) quit badmouthing and discrediting PTAB? Maybe never."Since we've mentioned nepotist/favouritism tendencies at the USPTO, mind yesterday's tweets from USPTO CIO Watchdog: "Rumor has it that Director Iancu will re-advertise the CIO job, because his staff failed to provide him a list of qualified candidates. Allegedly and unbelievably, Pam Isom and David Chiles were in the top 3 for the job. Scardino must want his puppets? Iancu decided wisely! [...] Why is Scardino still serving as the Dep Dir for USPTO, a job he does not meet any of the qualifications to hold? Perhaps Scardino should look to fix his own shop, his shop seems to be incapable of simple contracting and purchasing efforts. More to come as we investigate the CFO..."

More on nepotism for scrutiny by USPTO insiders? Is this how one gets top jobs at the USPTO (similar to some EPO scandals)? Either way, there's this case from last week called Swartz v Iancu. It has just been summarised as follows:

The federal district court in Alexandria, Virginia, properly dismissed an inventor’s appeal of the Patent Trial and Appeal Board’s decisions rejecting six patent applications on the grounds of lack of utility and collateral estoppel, the U.S. Court of Appeals for the Federal Circuit has held. The applications were directed to unproven cold fusion technology. One application was not ripe for review by the district court because the Patent Trial and Appeal Board had not issued a final decision.


This is another example of PTAB being defended; it seems to not matter what Iancu and the patent microcosm he came from think. What courts are saying is what ultimately matters, which may explain why Watchtroll keeps attacking courts and judges nowadays. Notice how Watchtroll has just cherry-picked this RPX case, not for the first time this week, having also just covered Jazz Pharmaceuticals (yet again). This time it's Robert Schaffer and Joseph Robinson having a go:

Jazz Pharmaceuticals, Inc. (“Jazz”) appeal to the United States Court of Appeals for the Federal Circuit from six inter partes review (“IPR”) decisions of the Patent Trial and Appeal Board (the “Board”).[1] Collectively, the decisions of the PTAB held certain claims of Jazz’s U.S. Patents 7,668,730, 7,765,106, 7,765,107, 7,895,059, 8,589,182, 8,457,988 and 8,731,963 invalid as obvious. Because the Board did not err in its conclusions of obviousness, the Federal Circuit affirmed. See Jazz Pharm., Inc. v. Amneal Pharm., LLC, No. 2017-1671, (Fed. Cir. July 13, 2018) (before Newman, Lourie, and Reyna, J.)(opinion by Lourie, J.).


Here again we have the higher courts approving PTAB's important work. When will the patent microcosm and their man inside the USPTO (Iancu) quit badmouthing and discrediting PTAB? Maybe never.

Recent Techrights' Posts

Windows is an Unnatural Disaster, It is Also Avoidable
there's a wide window of opportunity opening
Killing the News With Spam and Slop Benefits Those Whose Desire is an Uninformed Population
adoption of Free software depends indirectly on political activities/activism
Open Source Initiative (OSI) Privacy Fiasco in Detail: An Introduction
Perhaps tomorrow or perhaps next week we'll share more information about what happened and what was reported to the California Privacy Protection Agency
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)
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
 
Judges Would Never Rule for Men Who Strangle Women or Against Women Who Merely Wrote Articles About Abuse They Had Received From Men
We don't intend to do "trial by media", so we won't be disclosing claims and defences until it's over
Gemini Links 29/03/2025: Less YouTube and More Station
Links for the day
In Some Countries, Such as Thailand, Firefox is Already Measured at Less Than 2% (One Day Firefox Will Get Blocked, Not Only Lack Support)
Web consolidation around Chrom-isms will doom the Web as we know it
Links 29/03/2025: Trademarks Battles, Fires Destroy More Than 3,000 South Korean Homes
Links for the day
Links 29/03/2025: More Crackdowns on Science, "Hey Hi" Slopping is Flopping
Links for the day
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)
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
Something to Celebrate in Gemini Protocol
More capsules and users join in
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