Bonum Certa Men Certa

Watchtroll is Attacking the Federal Circuit for the 'Thoughtcrime' of Pursuing Patent Quality

Watchtroll's Gene Quinn



Summary: Watchtroll continues its court-bashing and judge-bashing tradition because it just cannot figure out any other way to stop the narrowing of US patent scope

Watchtroll is attacking the Federal Circuit (CAFC), i.e. judges, once again (it already attacked CAFC in the past, even quite recently, and it includes individual judges; it smears SCOTUS Justices and PTAB judges as well). Why? Simply because they're not patent maximalists like Iancu and Watchtroll, who are apparently meeting already. Burman York (Bud) Mathis III published this piece a couple of days ago in a site that's defending patent trolls, smearing politicians who care about technology, and habitually distorting the facts. As usual, we don't wish to entertain/air the underlying arguments but merely highlight the fact that this is happening. They want to pressure judges by questioning their motivations etc. (perhaps to make it look like a scandal, as they did with Michelle Lee). And yes, it's all about patent quality. To quote: "One might naturally expect that, if a rejection under €§ 101 appealed from the PTAB failed to address all the claim limitations and had zero supporting evidence to determine whether something was abstract or well-understood, routine and conventional, the case would be a slam-dunk at the Federal Circuit."



"The USPTO isn't a court and in order to maintain perceived value of patents it will have to follow the law and set its guidelines based on caselaw, not Iancu's whims and ideology, which is like a religion attached to greed."That's a loaded statement and a rather gross distortion of what actually happens in appeals to CAFC (of which there are very many, resulting in affirmations almost all the time).

Some reasonable law firms realise that foul-mouthed patent lawyers who attack judges etc. spoil the reputation of the whole profession. They're a risk to the system because they even upset judges, who are in turn likely to just turn their backs on patents altogether. When it comes to 35 U.S.C. €§ 101, the U.S. Patent and Trademark Office (USPTO) and SCOTUS must eventually converge, otherwise patents granted by the USPTO will lose their value (invalidated massively in courts below SCOTUS).

What also isn't helpful is Watchtroll's endless obsession with Google, which yesterday it attempted to frame as a hypocrite. Lawrence H. Frank (also in Watchtroll) is now advocating yet more patents on nature. In its latest attack on 35 U.S.C. €§ 101 Watchtroll speaks of "[a] conflict [...] between the incentive to invent and the breadth of patent-eligible subject matter. It has become difficult to recognize the line between patentable subject matter and non-patentable products of nature. The Supreme Court [...] their rulings on 35 U.S.C. €§ 101..."

Alice and Mayo are a thorn on the side of patent maximalists because they set pretty clear limits on the scope of patenting. The USPTO isn't a court and in order to maintain perceived value of patents it will have to follow the law and set its guidelines based on caselaw, not Iancu's whims and ideology, which is like a religion attached to greed.

Recent Techrights' Posts

The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
 
Slopwatch: Google News and the Evident Slopfarm Infestation
This is what people get about Linux when they query Google for Linux
Links 22/09/2025: Murdochs Might Join Fentanylware (TikTok) 'Investors' (Masters), United Kingdom Recognises Palestinian Statehood
Links for the day
Gemini Links 22/09/2025: Esperanto Music History and Apps For Android
Links for the day
Links 22/09/2025: More American 'Censorship' (Retaliation for Journalism), Cheeto "Might Be Losing His Race Against Time"
Links for the day
The Blob Slop
Give me more words, give me some text
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day