Bonum Certa Men Certa

Patent Trial and Appeal Board (PTAB) Decisions Still Uncontroversial Unless One Asks the Patent Maximalists

...As Andrei Iancu does

Andrei IancuSummary: Contrary to what the Director of the U.S. Patent and Trademark Office (on the left) has claimed, PTAB is liked by companies that actually create things and opposition to PTAB comes from power brokers of the Koch brothers, law firms, and trolls (including those who foolishly repeat them)

"On December 12, 2018," Mr. Jain wrote on the same day (yesterday), "Unified filed a petition for inter partes review (IPR) against U.S. Patent 6,697,730, owned and asserted by RideApp, Inc., an NPE. The ‘730 patent, directed to a transit system based on cellular communication, GPS locating technology, and digital computers, has been asserted in district court litigation against Lyft and Juno."



IPRs filed at the Patent Trial and Appeal Board (PTAB) are very powerful means by which to invalidate software patents, usually by citing 35 U.S.C. ۤ 101. Appeals to the Federal Circuit then put growing pressure on the USPTO to no longer grant such patents. RideApp, the patent troll, might soon have nothing at all. It's not a business, it's a litigation pipeline that might soon have no patents left.

It's not difficult to see who opposes PTAB and why. Consider what happened earlier this year in Oil States (SCOTUS). We must express disappointment at Camilla Alexandra Hrdy, who has just ignorantly promoted Koch-funded lies ('scholars' funded by Big Oil) that call patents "rights" (that's a lie). The misleading term 'Public Rights' is even used in her title and perhaps she fails to realise that the person she's boosting has put these words in Gorsuch's mouth (and even bragged about it in public). Here is what she said:

I greatly enjoyed Professor Adam Mossoff's new article, Statutes, Common-Law Rights, and the Mistaken Classification of Patents as Public Rights, forthcoming in the Iowa Law Review. Mossoff's article is written in the wake of Oil States Energy Services v. Green's Energy Group, where the Supreme Court held it is not unconstitutional for the Patent Trial & Appeals Board (PTAB), an agency in the Department of Commerce, to hear post-issuance challenges to patents, without the process and protections of an Article III court. Justice Thomas' opinion concluded that patents are "public rights" for purposes of Article III; therefore, unlike, say, property rights in land, patents can be retracted without going through an Article III court.


So the Koch brothers must be happy. The University of Akron School of Law scholar (whom we mentioned here before, even earlier this year [1, 2]) has just amplified deception or lobbying if not AstroTurfing.

PTAB is very difficult for these people to stop; they have tried just about everything, even scams (like piping patents through shells into the hands of tribes in exchange for bribes). They sent me threatening letters for pointing this out.

Earlier this week Donald Zuhn brought up a very old case (mentioned here several times in the past, especially back in January) because a decision got vacated and remanded, not overturned. In Zuhn's words:

Today, in In re Tropp, the Federal Circuit vacated and remanded a decision by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board affirming the Examiner's rejection of claims 29-53 of U.S. Application No. 13/412,233 for lack of sufficient written description under 35 U.S.C. ۤ 112. In vacating the Board's determination, the Court found that the Board had erred in its analysis.

The claims of the '233 application are directed to a set of locks for securing luggage and methods of using that set of locks, wherein the locks have two components: a combination lock portion for use by travelers, and a master key portion for use by a luggage-screening entity, and wherein the set of locks has at least two subsets with a different number of dials on the combination lock portion.


This case deals with 35 U.S.C. ۤ 112, which isn't particularly relevant to is. But again it comes to show that they aren't quite finding cases that suit their anti-PTAB agenda. Will Watchtroll and other patent maximalists soon try to make a 'scandal' out of it? Maybe. But their blogs are barely active anymore, Watchtroll's founder is stepping down after 2 decades, and as we noted 2 days ago, PTAB is still reaching some record levels. It is not going away.

Recent Techrights' Posts

[Meme] Reliable Sources
Sooner or later LLMs swallow up their own lies (that they generated), which means that over time those things will only deteriorate further, exacerbating an already-large misinformation pandemic
Free Software Foundation's Miriam Bastian: We Surpassed Our Year-end Goal of $400,000 USD Thanks to You!
Miriam Bastian: We surpassed our year-end goal of $400,000 USD!
 
"The AI Bubble is Popping", Now It's Bailout Time
The hype will quietly fizzle, just like "blockchains"
[Meme] When the Government of the Netherlands Participates in Your Crimes It Lacks an Incentive to Hold You Accountable for Crimes
the EPO's corrupt management boasted (on television) that it would ignore rulings against it even if issued by the highest Dutch court
Links 23/01/2025: US Constitution Already Besieged (Impeachable Offences Pile Up), Arrest Warrant for Assad
Links for the day
Microsoft's Head of Business Development Quits (Days After Two Large Waves of Mass Layoffs)
We recently learned that people close to the management are very stressed this month
BetaNews Plagiarising Work in the Linux Space
The originals won't even be listed
Gemini Links 23/01/2025: US Politics and DevOps Career
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 22, 2025
IRC logs for Wednesday, January 22, 2025
Links 22/01/2025: Jeju Air Blame-Shifting (Talk to the Wall), Copyright Maximalism Rebounds
Links for the day
[Meme] The 'Garbage in, Garbage Out' Patent Office
"law of the buzzword"
Clueless and Nontechnical EPO Management Uses the 'Great Scam' (Hey Hi Hype) to Justify Automation Where It's Both Detrimental and Illegal
The EPC has been practically set aflame; thus, the EPO has no legitimacy or reason to exist anymore
Links 22/01/2025: Democratising Tech Initiative and "Bye Bye Meta"
Links for the day
The Japanese translation of the term "free software"
by Akira Urushibata
Links 22/01/2025: "The AI Bubble Is Bursting" and Microsoft's Scam Altman is Already Looking for De Facto Bailout From the Insurrectionist
Links for the day
Dr. Andy Farnell's Latest Article About Software Freedom and Richard Stallman
why Dr. Stallman is being picked on
Geminispace (Gemini Protocol) Offers an Escape From Social Control Networks Owned by Oligarchs and Governments
Gemini capsules that promote fascism and retreat to feudalism are rare and scarce
The Free Software Foundation (FSF) Has Formally Added an Outreach and Communications Coordinator
Maybe the addition happened last year (we mentioned it in passing), but now it's in the "rota"
Electronic Frontier Foundation: Fighting 'for the Poor and Powerless' While Taking Home $336,000 in Annual Salary
nowadays works for or serves not the interests of the masses
Of Note: The Misguided, Infiltrated, Weakened Electronic Frontier Foundation (EFF) Now Operating at a Loss of Over a Million Dollars
Worst since the COVID-19 lockdowns
[Meme] Omit Microsoft When It's a Scandal or a Breach, Whereupon It Becomes Just an 'IT Company'
Microsoft is like a cult. Members of this cult promote the opposite of security, expecting to be financially rewarded for it.
Calling Out Windows (TCO) is Apparently Impermissible in Some News Sites
The online news sites are failing us (and corporate sponsors play a role)
Richard Stallman's Remarks on His Pain
Published two days ago
Focusing on the Issues
we'll do our best to find the news and not talk about "Mr. T"
Only About 3.6% of Web Users in Pakistan Use Vista 11, According to statCounter
It's not hard to see why so far in 2025 Microsoft has already had several waves of mass layoffs - more than any other company
Rumour: In IBM, Impending "25% Reduction in Finance Roles"
25% to be laid off?
[Meme] Fake Articles From linuxsecurity.com (Just Googlebombing "Linux" With LLM Slop)
Google should really just entirely delist that site
RedHat.com Written by Microsoft Staff, Promoting Microsoft' Proprietary Software That Does Not Even Run on Linux!
This is RedHat.com this week...
Links 22/01/2025: Mass Layoffs at Stripe, Microsoft's Illegal Accounting Practices Under Scrutiny
Links for the day
Fake 'Article' by Brittany Day (Guardian Digital, Inc) About Linux Mint 22.1 'Xia'
Apparently they've convinced themselves that this is OK
Red Hat Dumps "Inclusive Language", Puts "Master" In Official Communications and Headlines
Red Hat: you CANNOT say "master" (because it is racist). Also Red Hat: we put in it our headlines.
Red Hat Offers DRM, TPM, and Backed Doored 'Confidential' Containers (CoCo) for Microsoft (Proprietary Spyware)
No kidding!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 21, 2025
IRC logs for Tuesday, January 21, 2025
Gemini Links 21/01/2025: Media Provocations and Nazis Not Tolerated
Links for the day
[Meme] Plagiarism Does Not Eliminate Jobs by Replacing Humans, It Replaces Human Knowledge With False Cruft
We need to boycott sites that fake their output
Slopwatch: BetaNews Plagiarism and LLM Slop by UNIXMen
"state-of-the-art" plagiarism
What Fedora, OpenSUSE, and Debian Elections Teach Us About the State of Weak (or Fake) Communities
They show a total lack of trust in these communities
[Meme] Doing Dog's Job (Not God's Job)
The FSF did not advertise the talk by RMS (its founder), who spoke in France almost exactly 23 hours ago
Links 21/01/2025: Mass Layoffs in "Security" at Microsoft (Despite Microsoft Promising It Would Improve After Many Megabreaches), Skype is Dead (Quietly)
Links for the day
Alternate Version of Daniel Pocock's 2024 Talk, "Technology in European Parliament Election Campaign"
There's loud ovation at the end of the talk
Gemini Links 21/01/2025: London Library, Kobo Sage, and Beyerdynamic DT 48 E
Links for the day
The January 20 Public Talk by Richard Stallman (Around Midday ET), Livestream 'Assassinated' by Google's YouTube
our guess is that the 'cancel mob' sabotaged it, possibly by making a lot of false reports to YouTube
[Meme] Free Software and Socially-Engineered Groupthink (to Serve Big Sponsors Like Google and Microsoft)
They do this to RMS all the time
[Video] Daniel Pocock's Public Talk About Free Software Politics, Social Engineering, Debian Deaths and Suicides, Coercion and Exploitation of Women
took many months to get
BetaNews Cannot Survive If Its Fake Articles Are Just SPAM for Companies Like AOHi and Aren't Even Composed by Humans
This is what domains or former "news" sites do when they die and look very desperately for "another way"
Pocock shot in the face, shot in the back, shot on Hitler's birthday saving France, Belgium and FOSDEM
Reprinted with permission from Daniel Pocock
Dr Richard Stallman in Montpellier, Robert Edward Ernest Pocock in France
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 20, 2025
IRC logs for Monday, January 20, 2025