Bonum Certa Men Certa

PTAB -- Not Deterred by Courts -- Continues to Invalidate a Lot of Software Patents

Don't believe the legal paper 'industry' (or the patent microcosm)

Some paperwork



Summary: The Patent Trial and Appeal Board (PTAB) continues to make progress reforming the patent system by eliminating a lot of patents and setting an example (or new standards) for what is patent-eligible after Alice

THE patent microcosm wants us to believe that the Court of Appeals for the Federal Circuit (CAFC) has devalued or stopped what PTAB was doing. They want us to think there's some kind of feud or conflict -- one that they themselves inflame.



Let's wait and see how many law firms will bother covering the frequent outcomes from cases where CAFC sides with PTAB on issues pertaining to invalidation of patents. Here is one such new case. To quote MIP:

The Federal Circuit has dismissed an appeal of Patent Trial and Appeal Board (PTAB) final written decision in an inter partes review (IPR), arguing that because "Phigenix has not offered sufficient proof establishing that it has suffered an injury in fact, it lacks standing to bring suit in federal court".


Here is a direct link to the decision [PDF]

PTAB is breaking some records again (based on some criteria), as shown by these latest figures. For the uninitiated, PTAB is slaughtering/squashing software patents more frequently than anything else, including courts. Petitions to PTAB, or IPRs as they are commonly called once processed, are also more reachable/accessible to small businesses that hope to undermine patents which large companies should never have been granted in the first place.

MIP's PTAB round-up says:

December Patent Trial and Appeal Board petition filing was the fourth-highest of 2016, the Federal Circuit recently heard en banc arguments in one PTAB appeal and granted en banc rehearing in another, the appeals court remanded the Board in In re NuVasive, and the District of Delaware interpreted the scope of estoppel narrowly in Intellectual Ventures v Toshiba


When patent trolls like Intellectual Ventures go after large companies such as Toshiba they expect to get a lot of money. Intellectual Ventures was recently defeated in an epic cases where quite a few of its patents -- software patents to be exact -- got rejected by a prominent CAFC judge.

There is no compelling evidence to suggest that things are changing in favour of the patent microcosm, at least not in PTAB. No doubt, however, they will continue to lie to everyone -- their clients included -- in order to improve their bottom line. The term "fake news" seems applicable here.

Recent Techrights' Posts

The Latest Wave of Microsoft Crime, Bribes, and Fraud
Microsoft is still an evil, highly corrupt company
Links 19/04/2024: Running a V Rising Dedicated Server on GNU/Linux and More Post-"AI" Hype Eulogies
Links for the day
[Video] Novell and Microsoft 45 Years Later
what happened in 2006 when Novell's Ron Hovsepian (who had come from IBM) sealed the company's sad fate by taking the advice of Microsoft moles
EPO “Technical” Meetings Are Not Technical Anymore, It's Just Corrupt Officials Destroying the Patent Office, Piecewise (While Breaking the Law to Increase Profits)
Another pillar of the EPO is being knocked down
Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
 
Matthew Garrett, Cambridge & Debian: female colleague was afraid
Reprinted with permission from disguised.work
David Graeber, village wives & Debian Outreachy internships
Reprinted with permission from disguised.work
Neil McGovern & Ruby Central part ways
Reprinted with permission from disguised.work
Links 20/04/2024: Chinese Diplomacy and 'Dangerous New Course on BGP Security'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 19, 2024
IRC logs for Friday, April 19, 2024
Gemini Links 19/04/2024: Kolibri OS and OpenBSD
Links for the day
[Meme] EPO “Technical” Meetings
an institution full of despots who commit or enable illegalities
Red Hat Communicates the World Via Microsoft Proprietary Spyware
Red Hat believes in choice: Microsoft... or Microsoft.
Chris Rutter, ARM Ltd IPO, Winchester College & Debian
Reprinted with permission from disguised.work
[Video] Microsoft Got Its Systems Cracked (Breached) Again, This Time by Russia, and It Uses Its Moles in the Press and So-called 'Linux' Foundation to Change the Subject
If they control the narrative (or buy the narrative), they can do anything
Links 19/04/2024: Israel Fires Back at Iran and Many Layoffs in the US
Links for the day
Russell Coker & Debian: September 11 Islamist sympathy
Reprinted with permission from disguised.work
Sven Luther, Thomas Bushnell & Debian's September 11 discussion
Reprinted with permission from disguised.work
G.A.I./Hey Hi (AI) Bubble Bursting With More Mass Layoffs
it's happening already
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 18, 2024
IRC logs for Thursday, April 18, 2024
Coroner's Report: Lucy Wayland & Debian Abuse Culture
Reprinted with permission from disguised.work
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day