Bonum Certa Men Certa

The Anti-PTAB Lobby Still Predicting Doom and Gloom, as Usual, Despite PTAB's Year-Over-Year Growth

Fee increases merely caused a spike

Patent Trial and Appeal Board Statistics Source: Patent Trial and Appeal Board Statistics [PDF]



Summary: A gradual increase in the number of inter partes reviews (IPRs) in spite of fee hikes; the anti-PTAB lobby is still latching onto anything it can in search of scandals, trying to discourage filers

HAVING failed as a company, RPX was recently put on sale and taken over for a symbolic sum of money. Seeing the effect of Section 101 on patent trolls (whose patents were no longer of much use), RPX began exploring the legal terrain in China. The USPTO isn't the world's most lenient patent office anymore; SIPO took this 'crown' of shame.



RPX occasionally uses inter partes reviews (IPRs) to tackle US patents at the Patent Trial and Appeal Board (PTAB); this means that anti-PTAB 'reporters' and IAM lobbyists like Richard Lloyd feel compelled to intervene. When do reporters become just paid propagandists and what can be done about it?

This is what it's about; it's related to the Federal Circuit (CAFC) case we've mentioned here several times lately:

The recent Court of Appeals for the Federal Circuit’s ruling in Applications in Internet Time v RPX has presented a headache for third party IPR filers everywhere, but arguably none quite as serious as for Unified Patents. Since it was founded in 2012 Unified Patents has made its name as one of the most frequent filers of inter partes reviews, challenging patents of what it claims are of questionable quality that pose a threat to their members in specific zones such as auto, cloud computing and retail.


Unified Patents helps stop some patent trolls (a success story was last heralded 3 days ago), so no wonder IAM does whatever it can to oppose it. The latest from Unified Patents is this:

On August 3, 2018, the Board issued an order terminating IPR2017-02195 pursuant to a joint request filed by Kaldren LLC (an IP Edge entity) and Unified Patents. U.S. Patent 6,820,807, the subject of the IPR petition, relates to formatting digital data into an encoded pattern (such as a QR code).


Alluding to that same RPX case, Michael Loney makes it sound as though PTAB is on the demise by only comparing this past month to other months in the same year (it's summer!) rather than past years. Misleading or what? This is what he said:

July included 127 petitions filed, the Federal Circuit making it harder for RPX and Unified Patents to file IPRs, and two noteworthy decisions on public accessibility

July had the second fewest petitions filed at the Patent Trial and Appeal Board (PTAB) this calendar year.

The 127 petitions consisted of 118 inter partes review (IPR), three covered business method (CBM) and five post-grant review (PGR) petitions.


The improper comparison above does make us wonder what he had in mind; patent lawyers and spinners don't like to be fact-checked; they make their living out of spinning things to make it seem as though they're honest while in fact they're mostly lying.

From what we can gather, PRAB filings do not fall but have actually increased each year. They're increasingly being leveraged to tackle bad patents. Here's what David Hricik (former CAFC) had to say about Fujinomaki v Google, LLC the other day: "In a recent case where Google sought to shift fees onto a patentee who lost his patent in an IPR, Google relied on the fact that a former employee of the patentee told Google’s counsel that the pre-suit investigation had been inadequate."

That would further discourage pursuit of bad patents -- something which certainly terrifies the likes of Watchtroll. 3 days ago Chris Bruno and Arun Mohan published Watchtroll's latest PTAB rant:

In 2012, Congress enacted the America Invents Act (AIA), which included, among many reforms, the creation of the now-familiar inter partes review (IPR) process. An IPR petitioner may challenge a patent’s claims as wrongly issued based on the availability of certain prior art. If the Patent Trial and Appeal Board (PTAB) decides to institute on a petition, it allows for additional briefing, presentation of limited evidence, and a hearing. Ultimately, the Board issues a final written decision that determines whether the challenged claims are patentable or cancelled. As part of that process, the AIA provides patent owners the right to “file 1 motion to amend the patent” to propose a “reasonable number of substitute claims.” 35 U.S.C. €§ 316(d). The statute also provides that “the petitioner shall have the burden of proving a proposition of unpatentability by a preponderance of the evidence.” €§ 316(e). The en banc question was how those two subsections interact, and more specifically, whether the patent owner or petitioner bears the underlying substantive burden on a motion to amend.


Another en banc was covered by Robert Schaffer and Joseph Robinson two days later.

Frank DeLucia also used Watchtroll to boost NYIPLA's anti-PTAB rhetoric, which we last mentioned a fortnight ago. As we'll show later, the anti-PTAB lobby keeps lobbying Iancu; they hope to convince him to scuttle or slow down PTAB. That's pretty revealing. But it's up to the courts, not to Iancu.

Recent Techrights' Posts

Getting Rid of Microsoft Does Not Go Far Enough
Microsoft already has many problems. One day Microsoft won't exist anymore. But that does not guarantee users' freedom.
Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
 
Microsoft Has Slaves and Enablers, Not Partners
Obligatory meme too
Windows in Åland Islands: From 100% to Less Than Half
Åland Islands lost the sense of urgency to move to GNU/Linux
Tobias Platen Covered Freedom-To-Play Games in LibrePlanet 2024
Freedom-To-Play games using Taler
[Meme] Opening a 'Webapp' With 'Only' 4 GB of RAM
Until 2020 none of my PCs ever had more than 2 GB of RAM
Destination 'Five Percent'
We reckon GNU/Linux can break the 5% barrier some time by the end of this year, even without counting Chromebooks
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock