Bonum Certa Men Certa

The Patent Trial and Appeal Board (PTAB) Helps Prevent Frivolous Software Patent Lawsuits

...it is therefore opposed by those who profit (hundreds of dollars per hour) from these frivolous lawsuits

Coins



Summary: PTAB with its quality-improving inter partes reviews (IPRs) is enraging patent maximalists; but by looking to work around it or weaken it they will simply reduce the confidence associated with US patents

THE reputation of the USPTO will depend on its patents. A few days ago we learned, based on an article from Brittany Shoot (Fortune), that OxyContin "drugs lords" make billions getting you addicted to drugs (with the state's approval) and then they want a patent monopoly on getting you off these drugs. This is outrageous, yet the USPTO sees no "scandalous" thing here; it only sees "scandals" in particular trademark applications because these might seem rude.



It also looks like another bogus software patent has just been wrongly granted by the Office. Aquiire published a press release about it. How about this other press release, this time from MKThink, which speaks of "technologies for analyzing business intelligence applied to physical assets, environmental factors, and cultural dimensions." Not abstract? Talari Networks also pushed out a press release [1, 2] and this one is almost certainly about software patents. Last among this bunch we have a press release [1, 2] from a firm that's suing over patents on "Virtual SIM (vSIM) technology," i.e. probably software-implemented and thus invalid under Section 101 (35 U.S.C. €§ 101). To quote:

The holding company of Skyroam, Inc. (www.skyroam.com), SIMO Holdings Inc., has filed a lawsuit on June 15, 2018 against UCloudLink Network Technology Limited America, brand-named GlocalMe, in the United States District Court for the Southern District of New York. The lawsuit alleges that UCloudLink is violating SIMO’s intellectual property by selling its infringing WiFi hotspot devices. The lawsuit cites unauthorized use of patented technology, which is prohibited by law, and is intended to protect SIMO’s significant investment in Virtual SIM (vSIM) technology.


Why does the Office keep granting such patents? They breed pointless lawsuits that often end when the underlying patents get invalidated, eroding confidence in US patents as a whole.

Will the USPTO raise the patent bar? It doesn't look like it. Iancu is making a mess of the Office and patent maximalists rally to get a patent maximalist in charge of PTAB. "Like other members of the PTAB, the Chief Judge is appointed by the Secretary of Commerce in consultation with the USPTO Director," they note, recommending/urging patent maximalists that this site targets to apply for the job.

They're being rather shallow; maybe they can get Rodney Gilstrap to apply for the job. Wouldn't that be funny? No other judge has earned anywhere near the same level of notoriety. Even politicians have called him names. Rodney Gilstrap was named in this new article a few days ago. To quote: "An unprecedented hearing took place in Marshall’s federal court, Wednesday, as two Chief Judges — Barbara Lynn and Rodney Gilstrap — sat at the bench together, simultaneously..."

Judge Gilstrap again in the news; he's a friend of patent trolls in his district and he justifies that by saying that it's good for his town. Never mind justice itself.

Anyway, going back to PTAB, days ago we saw the exception rather than the norm when it comes to software patents; such patents typically perish at PTAB, but this time around PTAB permits software patents on "toolbars" and patent maximalists rejoice:

MyMail Ltd. beat a challenge to a patent related to computer toolbars at the Patent Trial and Appeal Board on Tuesday, a win that comes as MyMail seeks to overturn a court ruling that the patent is invalid under the U.S. Supreme Court’s Alice test.

The board said in a final inter partes review decision that it was not convinced the disputed patent claims were anticipated or obvious. The IPR was brought by Unified Patents Inc.


Watchtroll has also found the exception, taking stock of another rare decision 3 days ago:

On Monday, September 10th, the Patent Trial and Appeal Board (PTAB) issued a final decision in an inter partes review (IPR) proceeding petitioned by telecommunications conglomerate Comcast Corporation to challenge a patent held by electronic program guide developer Rovi Guides, a subsidiary of TiVo. The panel of administrative patent judges (APJs) in the case issued a mixed claim finding which nixed 20 of 24 challenged claims but upheld claims covering a buffering feature which Rovi is seeking to license with Comcast.


Watchtroll hasn't changed its tune. It's still lobbying against IPRs and looking for scandals/dissent. Basically anything that can lower patent quality. The same goes for Patent Docs, which yesterday advertised the webinar of the litigation 'industry' with bulletpoints like: "What guidance do Federal Circuit and PTAB decisions give patent counsel on the application of BRI?"

And in Chicago it advertised another webinar with bulletpoints like "Staying on Top of Recent Developments at the PTAB" and "PTAB Strategy in a Changing Environment: Claim Construction, Amendments and Section 112(6)..."

Also in Chicago: The Federal Circuit Bar Association (FCBA) -- not quite what it sounds.

The Intellectual Property Law Association of Chicago (IPLAC) is among those involved in other events advertised yesterday (some are not quite related). And while we're on the subject of Chicago, Brian Leiter from University of Chicago Law School took stock of most cited authors in this domain, showing that Mark Lemley is by far the most influential scholar in this area (this is why Mr. Gross keeps smearing him; Lemley is 'problematic' to all the anti-PTAB campaigning).

The bottom line is, the USPTO is still granting patents that oughtn't be granted while its new Director seems to be trying to scuttle PTAB. This is a recipe for disaster and that can only further reduce the certainty associated with US patents.

Recent Techrights' Posts

IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
 
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back
A Lot Less GAFAM in Scandinavia
Are they reacting to geopolitics and risks from the US?
IBM Kills Companies It Bought (Neudesic Seems Like Latest Casualty)
Why isn't even a single publisher investigating those things?
Fake "Linux" Articles
Just because some platform has "Linux" in the domain name and/or site name does not imply that it is a news/Linux site
Gemini Links 31/01/2026: "Proof Without Content" and "Technology Connections"
Links for the day
Links 31/01/2026: Microsoft "OpenAI Representatives Are Going to Critics’ Houses With Threats and Demands", Its Proprietary Chaffbot Faces More Lawsuits
Links for the day
Links 31/01/2026: "Introducing Encrypt It Already" and "Huge Cache of Epstein"
Links for the day
A Can of WORMS - Part I - Trying to Throw RMS Under the Bus at MIT and Everywhere Else
This series won't give air to online 'trolls'
Mobbing at the European Patent Office (EPO) - Part I - An Introduction
When the series ends, some time around the second or third EPO strike of this year, we'll contact the relevant authorities and plead for intervention
The Solicitors Regulation Authority (SRA) Delusion - Part I - Who Regulates This Regulator? (Only Itself!)
We won't self-censor or prematurely terminate this series
Norway Almost Trusts Russia More Than the Bill Gates (Sleeping With Young Russian Girls) Company, Microsoft
Microsoft represents crime
Riddle Us This... (Jim Zemlin and Bill Gates)
Do these people even understand the literal meaning of "safe space"?
Is "Nobel Prize for Peace" a Sick Person's 'Code Word' for Gangbanging Now? Ask Bill Gates.
Watch all the Gates apologists getting all silenced/silent
BBC Gaslights Women Sexually Exploited (Many Under Legal Age) for Its Rich Sponsor, Bill Epsteingate (Gates)
Is this a national broadcaster or a propaganda tool "For Rent"?
Microsoft 'Open' 'AI' Reportedly About to Become Bankrupt, Seeking Emergency Cash Infusion (Loans)
the money promised to Microsoft 'Open' 'AI' failed to arrive
Gemini Links 31/01/2026: Deep Ice and Slide Rules
Links for the day
Writing About Abuse
Never ever allow misogynists to get their way if you strive to live in a decent society
MIT DEDP MicroMasters online learner's blog post about cover-up linked to resignation of Swiss financial regulator
Reprinted with permission from Daniel Pocock
Salary Erosion Procedure (SAP) as the Primary Reason for EPO Strikes
They focus on financials, as the corruption aspects are un-sayable or unspeakable, except in private
IBM Bluewashing: Feels Like IBM is Scuttling Neudesic (and Some of Red Hat)
We recently saw some Red Hat staff joining a Microsoft proxy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 30, 2026
IRC logs for Friday, January 30, 2026
Microsoft Stock Collapsing Due to the Slop Bubble and Microsoft is Hiding Budget 'Black Holes'
Microsoft does not perform like it tells "the media" and "the market"