Bonum Certa Men Certa

Patent Trial and Appeal Board (PTAB) is Putting an End to Lots of Software Patents; Patent Microcosm Spins and Distracts From This

Still championing patent quality after a dark age of rubberstamping under David Kappos

PTAB



Summary: Hope for the US patent system as some of the most controversial abstract patents are declared invalid and thrown aside

THE ROLE of the PTAB, the scientific collective responsible for abolishing a lot of software patents by proactive action, is increasing. Things are changing very rapidly, but corporate media isn't reporting (or misreporting) on it. This is good news for opponents of software patents anywhere in the world.



PTAB has enemies. Its enemies are people who profit from patents on software, notably patent lawyers. They are currently discrediting PTAB using the term/notion of "reverse patent trolls" (invalidating bad patents is trolling?!). MIP has had a decent series about PTAB this past week. The earlier part speaks of "authors of a new white paper [who] believe that almost 75% of pharmaceutical patent settlements at the Patent Trial and Appeal Board meet the criterion for inferring a strong likelihood of reverse payment settlement. The paper also suggests a rule to deter attempts to exploit the Board as a holdup device as well as discussing reverse patent trolls" (meaningful and inappropriate term).

"Things are changing very rapidly, but corporate media isn't reporting (or misreporting) on it."Lobbyist for software patents, David Kappos, also pushed out a so-called 'white paper' without disclosing who was paying him for all that (it's pretty ugly and it definitely discredits the USPTO where he was previously a Director, the highest position and equivalent of President at the EPO).

Another installment from MIP then gave a detailed breakdown of law firms that profit from all this chaos of poor patent examination at the Patent Office. We recognise many of these firms. MIP said that "Sterne Kessler has become the first law firm to handle more than 500 AIA proceedings, with a particularly strong showing representing defendants. Fish & Richardson is the top law firm for challengers at the PTAB, breaking the 300 petition mark" (Fish & Richardson was mentioned here many times before.

The part which we didn't quite appreciate was the one where Michael Loney of MIP was cherry-picking like climate change denialists, making it appear like PTAB was on the decline with the headline "July CBM petition filing slumps to lowest level since February 2013" (skip to third paragraph for context).

PTAB staff may be taking their summer's break and as Loney later noted, "PTAB Monthly Data and Analysis: July was the second-busiest month of 2016 for petition filing, but covered business method petitions fell to the lowest level since February 2013. Recent decisions from the Board include cancelling claims on a patent that had been used to sue more than 250 defendants" (CBMs are part of a broader picture).

"This is good news for opponents of software patents anywhere in the world."To put things in perspective: "The month seems particularly strong when compared with that time of year in previous years. July in 2015 and 2014 was a relatively quiet month with both June and August of those years having at least 50 more petitions filed than the July figure." Another article took note of 11% litigation decline last month, showing that the system was gradually correcting itself. To quote, "407 cases were filed in US district courts in July, with two new plaintiffs leading the way and entities such as Shipping and Transit, Uniloc, Sportbrain and Guyzar adding to their 2016 totals" (these are mostly patent trolls).

MIP looked more closely at one particular case and said: "The Patent Trial and Appeal Board (PTAB) has invalidated all the claims of a patent owned by storage software company Boxbee in a post-grant review (PGR) proceeding brought by Netsirv and Local Motion. This is the third final written decision in a PGR, all of which have resulted in patents being invalidated."

It is hardly surprising. PTAB typically demolishes the patents it looks into, leaving patent lawyers rather scared and bashful (in the face of their clients). A software patents lobbying site, for example, got so upset at PTAB that Gene, its founder, tried cursing at it ("impotence"). Here is a new take about PTAB in the "Post-Alice World". It says: “Only 16% of the Board’s eligibility decisions fully reversed the eligibility rejections, and none of the other 84% of the applications have been allowed despite the effort and the expense of the appeal.”

"PTAB typically demolishes the patents it looks into, leaving patent lawyers rather scared and bashful (in the face of their clients)."Yes, so what? They're obviously trying to discredit PTAB, a cornerstone of AIA. Here is one patent attorney leaning on Bascom, in spite of the case's old age (they'll refer to it forever because they're running low on supportive cases), saying it "turns this on its head by holding that the Patentee must proffer prior art to show 101 validity. Alice shifts burden of proof." A sponsored "REPORT" (i.e. paid marketing) from IAM repeats this same talking point. They just can't help it, can they? PTAB combined with Alice is a nightmare to them and all they can do it ridicule Justices, call PTAB "impotent" (low blow), and mislead clients into believing that nothing has changed.

"Lawyers are liars," my wife told me years ago. She had heard that saying quite a lot. It certainly is the case when it comes to a lot of patent lawyers, at least those who are pushing their agenda into articles (self promotion disguised as 'analyses').

Recent Techrights' Posts

Qualcomm Arduino Takes Aim at Raspberry Pi
Qualcomm is a Microsoft partner
Arduino is Now a Patent Bully (Qualcomm)
Qualcomm has just bought Arduino
Many Years of Microsoft Cancellations and Faked (Acquired) Revenue "Growth"
XBox is basically the "next Skype"
Microsoft's Non-Denying Denial About XBox's Death is Already Being Shattered to Pieces
Like Microsoft's 'open' 'hey hi', heralding meaningless non-committing agreements with AMD is little more than vapourware
 
Links 08/10/2025: Y2K38 Bug is a Vulnerability, Chat Control in Europe a Threat
Links for the day
Microsoft Windows is No Longer an Operating System, It's Surveillance Project
Why is this even legal to preload on PCs outside the US?
How and Why Once-Legitimate Sites Turn Into Slopfarms
Many sites will go offline and many social control networks will shut down once they realise or even openly admit they spend money and time gardening a bunch of bots and slop
UbuntuPIT Became a Slopfarm and Gnoppix Tarnishes Its Own Brand With Slop
It fits all the characteristics of mildly-edited (if at all) slop
Slopwatch: Linux Journal and Other Slopfarms
GAFAM needs to go the way of the dodo
Gemini Links 08/10/2025: "Seek Seek Revolution" and Gradient Backgrounds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 07, 2025
IRC logs for Tuesday, October 07, 2025
Stagnation of the Economy and What Free Software Can (or Could) Do For It
If your economic model is based on a pyramid of lies, it won't last very long
Social Control Media is Sinking
it would rightly seem like the era of centralised "social" sites (they're not social, they're about controlling the users) is ending, not overnight but gradually
Participation in Cancel Culture Detrimental to One's Career
A cautionary tale
Passion Wins
we've increased the number of birds we feed to 100+
How Solderpunk and Sean Conner Started Gemini Protocol (and, Collectively, Geminispace) Back in 2019
Based on the "official" history
The Comment TheLayoff.com Has Just Censored for Criticising a Ridiculous Puff Piece of IBM Management
If comments get censored for their "style" rather than their substance, then society will be worse off
The Power of Writing Down Facts
The more we write and publish, the more people will know what happened
Slopwatch: UbuntuPIT Joins the Slopfarms Club
Slopfarms gonna slop
Links 07/10/2025: Privacy at Risk, GAFAM Remains Off the Hook
Links for the day
Gemini Links 07/10/2025: Modern Retro Console Idea and Batch vs Bash
Links for the day
Links 07/10/2025: International Criminal Court (ICC) Convicts Ali Kushayb; Moroccan Imprisoned for 'Offensive' Shirt
Links for the day
Links 07/10/2025: EU' Chat Control is Back, US Cracks Down on Democracy
Links for the day
Techrights Pursues Justice and Truth Because, Without Those, Society Descends Into Chaos
most people reject dogma and pseudoscience
Upcoming Talks by Richard Stallman in Helsinki, Göteborg, and Rome
Join with him and share the software
Something Bad is Happening in the Open Source Initiative (OSI)
The latest OSI blog post is from a Microsoft operative and a few weeks ago the Executive Director left
TLS 1.3 Dominates Geminispace (99% of Known Capsules)
it's nowadays safe to assume almost every capsule can handle TLS 1.3
Why soylentnews.org Has Been Having Technical Difficulties Lately
The network has been going up and down quite a lot this past week
A Statement Against Violence
The facts are on our side
They've Run Out of Things to Rebrand or Label as "AI"
The next few years will be interesting because if Microsoft lays off tens of thousands of workers each year, there won't be much left except mountains of debt and dying brands
The Register MS is Still Being Paid to Participate in the "AI" Ponzi Scheme Which Will Crash the Economy
The Register MS is hoping to get lucky by tricking people into a scam
Richard Stallman Confirms His Talk in Göteborg This Coming Friday
"The hosts say that the list will not be given to the state"
Most of the "Linux" Results This Morning in Google News Are LLM Slop From the Same Slopfarm, Plagiarising Phoronix
The main question is, does Google even care at this point?
Gemini Links 07/10/2025: Civil War and "Goodbye Web"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 06, 2025
IRC logs for Monday, October 06, 2025
Evidence Contradicting Microsoft's Non-Denying Denials and Expectation of Many Layoffs Soon
"Microsoft has had this constant drip of layoffs for months."
The "AI Revolution" is Going Very Well, Right?
money that does not exist and alleged potential that is pure fiction
Links 06/10/2025: Scam Altman Himself Admits He Runs a Scam Based on a Bubble, US Administration Adopts “War From Within” Narrative to Crush Opposition/Dissent
Links for the day
Slopwatch: Fake Ubuntu 'Articles' and Google News Helps People Who Plagiarise Phoronix Using LLMs
Michael Larabel can't possibly be happy about that
6,000 Pages/Articles a Year
Today in one month from now the site turns 19
When Things Become So Ubiquitous That They're Almost Nameless
The notion or the concept of software freedom isn't tied to any particular brand or project, so it should still resonate
At Least 3 Richard Stallman Talks in Europe Confirmed So Far, Next Week in Rome There's Another
Dr. Stallman has not announced this yet
IDG Seems to Have Abandoned Sandra Henry Stocker's UNIX/Linux Column
Unless we hear otherwise or see some update/s, this may mark another death blow from IDG
Gemini Links 06/10/2025: Winter Nights and "Virtue Signaling"
Links for the day
Links 06/10/2025: Scientific Awards and Typhoon Matmo
Links for the day
IP Kat Gone Bonkers, Pushing Slop in Patents (Likely Illegal, With Severe Consequences)
AstraZenecaKat: "Last time, this Kat covered some practical steps on how to ensure client confidentiality when using AI tools (IPKat)."
Links 06/10/2025: Grokipedia as Malicious Slop, US 'Martial Law' a "New Normal"
Links for the day
Fake Economics and Clown Computing Circuses
who's gonna pay for these scams?
Nobel Prize in Economics Does Not Exist, It's Propaganda From Sveriges Riksbank
"It is that time of the year when it is important to remind people that there are no Nobel Prizes for professional wrestling, astrology, or economics"
Rust is Eating Linux
That's a recipe for problems
Cindy Cohn (Executive Director of EFF) is a Millionaire, Earned Almost $30,000 Per Month Before Departing While the EFF Lost Money
EFF is "Big Business"
Non-Denying Denial From Microsoft (Again) Regarding the End of XBox Consoles
It's kind of hilarious that even the site chosen by Microsoft to relay its BS, based on past loyalty, isn't quite buying it
Bringing Back Lost Articles From the 1990s: Microsoft Products Leave Door Open to NSA
Nothing has changed since then
When the Slop Bubble Pops People Will Say Richard Stallman Was Right (Again)
What was once known as Computer Science turned into "IT"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 05, 2025
IRC logs for Sunday, October 05, 2025
Links 06/10/2025: Science, Hardware, and Andrej Babis Making a Comeback
Links for the day