Bonum Certa Men Certa

The Patent Trial and Appeal Board (PTAB) Not Falling for Attempts to Prevent It From Instituting Challenges

Summary: In the face of patent maximalists' endless efforts to derail patent quality the tribunal keeps calm and carries on smashing bad patents

SUPPORTED by SCOTUS and the Federal Circuit, inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB) have long (years) applied 35 U.S.C. ۤ 101 to invalidate software patents erroneously granted by the Patent and Trademark Office (USPTO). PTAB combined with Alice has been a very possible emergence and development for software developers (programmers/coders), as opposed to patent trolls.



"Attempts to undermine IPRs so as to save fake patents have not been successful."As the week begins we already see Janal Kalis mining USPTO documents, hoping to find some positive news. All he found was this exceptional case wherein "The PTAB Reversed an examiner’s 101 Rejection of Claims for inventory management in a patent application owned by Baker Hughes: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2017006294-11-13-2018-1 …"

We can assume that in all other new cases PTAB affirmed the examiners' rejections or 'overturned' (reversed) an acceptance.

Understandably, those who are accustomed to making a living from lawsuits aren't happy. PTAB thwarts frivolous lawsuits.

Consider this new tweet which says: "Do [Section] "101 panels" exist? Director of TC 3600 Business Methods - Tariq Hafiz - provides priceless insights for effectively dealing with the @USPTO..."

So I told him that the term "101 panels" is as meaningless a concept as "don't spit chewing gum on the pavement" department. Section 101 is the law and patents on "Business Methods" are bunk, no matter what the USPTO says. It's down to the courts, eventually. They have the final say, provided one can afford the long and arduous process.

Authored by Robert Jain last week was this PTAB headsup regarding Unified Patents and RPX (there's commonality in how they file IPRs -- a subject we covered several times before). Attempts to undermine IPRs so as to save fake patents have not been successful. As Jain explained:

On October 19 the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims in Unified Patents Inc. v. Realtime Adaptive Streaming, LLC, IPR2018-00883, rejecting Realtime’s argument that Unified’s members were unnamed real-parties in interest. In its first Unified decision discussing Applications in Internet Time, LLC v. RPX (AIT), the Board rejected arguments that Unified’s Content Zone members were unnamed RPIs, finding that would overextend the AIT analysis and the common law...


Unified Patents is again offering money to help invalidate the patent of the patent troll Telebrands. To quote:

On November 29, 2018, Unified added a $1,000 contest to PATROLL seeking prior art for US Patent No. 9546775 which has been asserted on multiple occasions by Telebrands Corp. (an NPE). The '775 patent, generally related to a decorative laser light system, has been asserted in 7 district court cases.


Any patent troll that can be squashed by PTAB won't be missed (disarming them is enough as all they have is patents and without patents they cannot sue). A few weeks ago, based on this other post, Unified Patents turned to the USPTO for "registered [...] service mark Unified Patents€® under Registration No. 5,605,486, recognizing that Unified Patents€® has earned industry goodwill and developed a reputation distinguishable and protectable in the marketplace."

We have long been supportive of Unified Patents, having recognised that the majority of what they do has a positive effect on the 'innovation terrain'; they remove a lot of patent trolls from the 'zone'.

Recent Techrights' Posts

Lookout, It's Outlook
Outlook is all about the sharing!
Updated A Month Ago: Richard Stallman on Software Patents as Obstacles to Software Development
very recent update
Is BlueMail a Client of ZDNet Now?
Let's examine what BlueMail does to promote itself
OpenBSD Says That Even on Linux, Wayland Still Has a Number of Rough Edges (But IBM Wants to Make X Extinct)
IBM tries to impose unready software on users
 
The 'Smart' Attack on Power Grid Neutrality (or the Wet Dream of Tiered Pricing for Power, Essentially Punishing Poorer Households for Exercising Freedom Like Richer Households)
The dishonest marketing people tell us the age of disservice and discrimination is all about "smart" and "Hey Hi" (AI) as in algorithms akin to traffic-shaping in the context of network neutrality
Links 29/11/2023: VMware Layoffs and Too Many Microsofters Going Inside Google
Links for the day
Just What LINUX.COM Needed After Over a Month of Inactivity: SPAM SPAM SPAM (Linux Brand as a Spamfarm)
It's not even about Linux
Microsoft “Discriminated Based on Sexuality”
Relevant, as they love lecturing us on "diversity" and "inclusion"...
IRC Proceedings: Tuesday, November 28, 2023
IRC logs for Tuesday, November 28, 2023
Media Cannot Tell the Difference Between Microsoft and Iran
a platform with back doors
Links 28/11/2023: New Zealand's Big Tobacco Pivot and Google Mass-Deleting Accounts
Links for the day
Justice is Still the Main Goal
The skulduggery seems to implicate not only Microsoft
[Teaser] Next Week's Part in the Series About Anti-Free Software Militants
an effort to 'cancel' us and spy on us
Over at Tux Machines...
GNU/Linux news
Permacomputing
This work is licensed under a Creative Commons Attribution 4.0 International License
Professor Eben Moglen on How Social Control Media Metabolises Humans and Constraints Freedom of Thought
Nothing of value would be lost if all these data-harvesting giants (profiling people) vanished overnight
IRC Proceedings: Monday, November 27, 2023
IRC logs for Monday, November 27, 2023
When Microsoft Blocks Your Access to Free Software
"Linux is a cancer that attaches itself in an intellectual property sense to everything it touches." [Chicago Sun-Times]
Techrights Statement on 'Cancel Culture' Going Out of Control
relates to a discussion we had in IRC last night
Stuff People Write About Linux
revisionist pieces
Links 28/11/2023: Rosy Crow 1.4.3 and Google Drive Data Loss
Links for the day
Links 27/11/2023: Australian Wants Tech Companies Under Grip
Links for the day
Over at Tux Machines...
GNU/Linux news
Links 27/11/2023: Underwater Data Centres and Gemini, BSD Style!
Links for the day
[Meme] Leaning Towards the Big Corporate CoC
Or leaning to "the green" (money)
Software Freedom Conservancy Inc in 2022: Almost Half a Million Bucks for Three People Who Attack Richard Stallman and Defame Linus Torvalds
Follow the money
[Meme] Identity Theft and Forgery
Coming soon...
Microsoft Has Less Than 1,000 Mail (MX) Servers Left, It's Virtually Dead in That Area (0.19% of the Market)
Exim at 254,000 servers, Postfix at 150,774, Microsoft down to 824
The Web is Dying, Sites Must Evolve or Die Too
Nowadays when things become "Web-based" it sometimes means more hostile and less open than before
Still Growing, Still Getting Faster
Articles got considerably longer too (on average)
In India, the One Percent is Microsoft and Mozilla
India is where a lot of software innovations and development happen, so this kind of matters a lot
Feeding False Information Using Sockpuppet Accounts and Imposters
online militants try every trick in the book, even illegal stuff
What News Industry???
Marketing, spam, and chatbots
IRC Proceedings: Sunday, November 26, 2023
IRC logs for Sunday, November 26, 2023
The Software Freedom Law Center's Eben Moglen Explains That We Already Had Free Software Almost Everywhere Before (Half a Century Ago)
how code was shared in the 1970s and 80s