Bonum Certa Men Certa

Patent Trial and Appeal Board (PTAB) and Federal Circuit (CAFC) Both Smeared (Judge-Bashing Tactics) for Correctly Applying Patent Law as They See Fit

It is getting a lot uglier as the patent microcosm resorts to anti-Establishment rhetoric and unauthorised protests

Michel



Summary: An atmosphere of great hostility towards courts and towards justice is being fostered by an increasingly-angry meta-industry of patent lawyers and patent trolls

THE EPO saga has been fascinating. It included many attacks on judges, attacks on justice itself, and incredibly enough even refusal to follow court orders. We almost never got anything wrong (that we know of). Rumours almost always became substantiated as truthful and we continue to receive new information all the time.

"It included many attacks on judges, attacks on justice itself, and incredibly enough even refusal to follow court orders."Prior to the EPO focus we were covering a lot of news about patents. I am still waiting for patent lawyers to actually point out a factual inaccuracy in my writings about patents. They never point out any errors, they just don't like my tone and resort to ad hominem libel, questioning my motivations etc. (e.g. falsely insinuating that I get paid to write what I write). It means they've got nothing but smears; they don't like the message, so they attack the messenger instead.

The same is true outwards, not just inwards. They attack judges too. We've given many examples. Here goes again Mr. Gross:

More in a positive trend: another PTAB 101 reversal based on Examiner failure to comply with Berkheimer and show well understood, routine, conventional: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2017004343-07-13-2018-1 …


What positive trend? None is demonstrable. Even Watchtroll now implicitly admits that all those who claim software patents are coming back (that includes Watchtroll itself!) are basically lying. Ironic, no? Burman York (Bud) Mathis III wrote this in Watchtroll yesterday: "It’s been over eight years since the Supreme Court issued its Bilski v Kappos decision, over six years since the Supreme Court issued its Mayo v. Prometheus decision and over four years since the Supreme Court issued its Alice Corp. v. CLS Bank decision. In case anyone missed it, each of these three landmark cases was decided based on evidence on the record."

"Even Watchtroll now implicitly admits that all those who claim software patents are coming back (that includes Watchtroll itself!) are basically lying."There's "No Light at the End of the Tunnel," Mathis said in his headline, "Not Even Close..."

Just 'pulling a Berkheimer' isn't going to change that. So here comes Watchtroll attacking Judge Reyna again. Not being racist this time, unlike Patently-O (who hurried to delete it)? We don't want to entertain these words, but what they generally do is isolate and individually attacks judges they disagree with it. Watchtroll has a long tradition doing just that; the site is attacking judges. Stay classy! Then joins Mr. Gross with this:

That’s an outstanding summary of the mess that is patent law jurisprudence on 101 “abstract ideas” - he agrees with me that Taranto is worst inconsistent offender- Alsthom is ... terrible https://twitter.com/patentbuddy/status/1024664765774233602 …


They're referring to judges as "offenders" now. Amazing! They've moved on from harassing USPTO staff to harassing US patent courts.

"They're referring to judges as "offenders" now."We still see staff of the Patent Trial and Appeal Board (PTAB) coming under attack all the time from Watchtroll, Mr. Gross and other patent agents who became accustomed to profiting from low-quality patents. There are even anti-PTAB sites like Anticipat, which name examiners and sort of 'score' them as a form of harassment, by which they hope to compel them to change their examination standards. We never name patent examiners (USPTO or EPO) and instead focus on high-level management. A few days ago Anticipat wrote: "After speaking with the USPTO’s webmaster, we were assured that the decisions will be more quickly uploaded going forward. This did not entirely assuage our concerns. So in the meantime, we are updating our Recap email functionality so that a user can modify the email settings to be sent in whatever way is most helpful to one’s practice. Stay tuned for updates very soon."

Well, that would only further facilitate Anticipat's bizarre and likely unethical business model. We certainly hope USPTO management sees that more or less the same way.

In seaprate news, "Nantkwest v Iancu opinion states patent applicants that bring Section 145 challenges in district court are not compelled to pay USPTO attorneys’ fees," wrote Managing IP's Michael Loney (about the Federal Circuit). Kevin E. Noonan and Josh Rich wrote about it shortly afterwards, as did Dennis Crouch here. It's worth noting that Iancu has been off and away from the limelight for nearly two months now. When he's mentioned it's typically in relation to cases/decisions with his name on them. A few days ago Crouch wrote that "[f]ormer Acting PTO Director Joseph Matal [Michelle's Lee colleague, interim Director after Watchtroll attacked her] has moved into the role of Acting Solicitor of the agency as well as Acting Deputy General Counsel for Intellectual Property Law. Congratulations Joe! Former Solicitor Nathan Kelley has left the office that he joined originally back in 1993 as an examiner."

"We still see staff of the Patent Trial and Appeal Board (PTAB) coming under attack all the time from Watchtroll, Mr. Gross and other patent agents who became accustomed to profiting from low-quality patents."Dennis Crouch included some Battistelli marketing video, but we'll forgive him for that as he never ever covers EPO matters and therefore he probably doesn't know what a fiasco Battistelli was. He doesn't seem to know that the building he refers to is still just a construction site disguised as a finished project.

Last but not least, Watchtroll is also attacking Lofgren again, as it did just weeks ago. Lofgren's 'crime' is that she cares about science and technology -- a serious offense by Watchtroll's poor taste and standards. Steve Brachmann is upset now that people who favour technology write to Iancu about PTAB. Iancu is himself part of the patent microcosm; Steve Brachmann is just a writer hired by Watchtroll in a classified ad and here he goes again writing about politics. Watchtroll has become like some kind of think tank.

"He doesn't seem to know that the building he refers to is still just a construction site disguised as a finished project."Politicians may be corruptible (Watchtroll likes those who are corrupted the 'correct' way), but they're no worse than a conspiracy of law firms trying to write the very laws which govern them. Many politicians complained about clear and blatant misuse of tribal immunity by a couple of law firms, whose sole goal was to make themselves and their clients exempt from patent law. Going back to the Federal Circuit, the decision that is likely final sided with these politicians (and with common sense). We haven't yet seen judges being attacked for it, maybe because there has been no notable dissent among them. There's no room for "divide and conquer". "The Federal Circuit’s reasoning in finding that tribal sovereign immunity cannot be asserted in IPRs may be used to argue the same for state universities seeking immunity from the PTAB," Ellie Mertens wrote about the patent scam of Allergan and Mohawk (very much belatedly). Mike Masnick also wrote about it late (end of July). To quote:

Some ethically sketchy patent lawyers thought they had come up with a brilliant scam to avoid having awful patents scrutinized by the special review board created by Congress within the Patent Office -- a process known as "inter partes review" or IPR. This Patent and Trademark Appeals Board (PTAB) has been a useful tool in going back and reversing the mistakes made by patent examiners in letting through bad patents. However, back in September, we wrote about a fairly devious plan by the lawyers from the law firm of Shore Chan DePumpo to help their clients avoid a PTAB review. The situation began with a PTAB ruling back in early 2017 in a review of a patent held by the University of Florida. The University claimed sovereign immunity exempted it from the whole PTAB process under the 11th Amendment (universities claiming sovereign immunity in patent cases goes way back) and the PTAB agreed it had no jurisdiction.

Sensing an opportunity, the lawyers at Shore Chan DePumpo worked out a neat little scheme in which a pharmaceutical company would "sell" its patents to a Native American nation (in this case, the St. Regis Mohawk Tribe). The "sale" was in name only. The pharmaceutical companies retained not just an exclusive license to the patents, but basically all other rights as well. The only thing St. Regis got was a nice little income stream in exchange for having its sovereign status used to shield the pharma companies' patents from scrutiny before the PTAB.


"Oil States was a SCOTUS decision, so making IPRs go away would be pretty much impossible in the foreseeable future and they know it."As we noted last month and the month before that, after Oil States we've been seeing the attacks shifting from PTAB to CAFC, whose judges are now routinely mocked by sites like Watchtroll. The almost daily (sometimes more than once a day) anti-PTAB pieces are long gone; Ryan Kenny writes for Watchtroll as though PTAB inter partes reviews (IPRs) are simply here to stay. Oil States was a SCOTUS decision, so making IPRs go away would be pretty much impossible in the foreseeable future and they know it.

We'll keep our eyes open for the next attack on judges. That's pretty serious stuff. It's worse than the war on journalism/media. It's an attack on justice, not only on truth.

Recent Techrights' Posts

Early Unverified Figures About Scale of Latest IBM Layoffs
the real scale of the RAs will remain elusive
How Techrights Search Works
Hopefully bots won't use it
Techrights Became a Lot More Productive as a Result of Attacks on It
By default, it's safe to assume anything on the Web is garbage, especially in social control media
Unverified Rumours: IBM Cuts Will Continue Another ~10 Days, Managers Will Invite Those Impacted for 1-on-1 Meetings
Right now IBM likes diversity because with adoption of low-paid demographies it gets to pay workers less for the same work
analytics.usa.gov: Vista 11 Scarcely Used, GNU/Linux Increasingly Dominant (Microsoft Loses "Goodwill", Depletes Cash Equivalents, and Debt Soars)
"Total current assets" fell by more than 2 billion dollars in the past 3 months
Not Only Mass Layoffs at IBM But Complete Shutdowns "Amid A.I. Boom"
apparently about 10,000 layoffs, not counting those who got pushed out by PIPs and other means
 
IBM May Well Be Laying Off Over 13,500 and Up to 27,000 Staff This Week When It Says "Single-Digit Percentage of Our Global Workforce"
It's not yet possible to know how many people IBM gets rid of
Red Hat Staff Also Impacted by Latest IBM Layoffs With Focus on North America and Software, Infrastructure
After the bluewashing never expect to see news about "Red Hat layoffs", just as "Tivoli layoffs" aren't to be expected
Coming Soon: Part 4 About the EPO's Substance Abuse (Breaking Laws to Fake 'Production' and Profiting From Unlawful Monopolies)
Notice how quiet the EPO's management has been lately
For the Record: We Never Named Staff of the Law Firm That's Attacking Us, Except the One the Firm is Named After!
Just to affirm and be sure, I've used our new search facility
Links 05/11/2025: Medicare Privatisation and "Breaker Box Economy"
Links for the day
Techrights Search Will Come Early
Maybe tomorrow
It Seems Like GNOME/IBM Don't Like Women and When Budget is Limited Only Women Take the Fall
Seems like a very patriarchal, GAFAM-controlled Foundation
"Last Day" as in "IBM Sacked Me" (Cruel Euphemisms)
"The entire design and research technical leadership at IBM was laid off in the past year, including this round"
Shadow Crew and Ads Disguised as Articles
That The Register MS runs articles that are paid-for fluff isn't unprecedented
Vista 11 "Market Share" Has Fallen This Month, Based on statCounter
The US government's own data shows the same thing this month
This is How Mainstream Media, Boosted or Parroted by Slopfarms, Spins IBM's Commercial Failure and Mass Layoffs as "AI"
Some say "software focus", but most just resort to buzzwords and blame-shifting hype
Resisting Misogynists
Rianne has already added close to 100,000 pages to this site
Starting November on a Strong Note
All in all, this month started well for us as we have good, accurate publications with considerable impact
Fake Retirements Help IBM Keep the Layoff Figures Down
Yesterday we read that it was quite cruel how IBM (or Red Hat) compelled staff to pretend to be happily leaving or "retiring" when the reality was, they had been pushed out with some "package"
Cocaine at the European Patent Office Now a Subject in YouTube, Media Will Revisit the Topic
"The Cocaine Patent Office" is no joking matter
Gemini Links 05/11/2025: "Wuthering Heights" and "Winter is Coming"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 04, 2025
IRC logs for Tuesday, November 04, 2025
2 Days Until Site Anniversary Party, Search Likely to Launch Same Day
We're now just two days away from the nineteenth anniversary of the site
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025