08.29.17

Gemini version available ♊︎

Virtually the Whole Technology Sector Supports PTAB, But Dennis Crouch Supports Patent Trolls and Bullies Instead

Posted in America, Deception, Patents at 10:31 am by Dr. Roy Schestowitz

When it comes to patent maximalism, the worst (for reputation) Conservative think tanks [1, 2, 3] including the Heritage Foundation and Dennis Crouch are on the same side

Heritage Foundation
Reference: Heritage Foundation

Summary: A radical patent policy which encourages deregulation and lack of patent quality assurance is being embraced by Patently-O, which has joined the lobby against the Patent Trial and Appeal Board (PTAB)

THE US patent system has been improving, but all the improvements are constantly under threat. We need eternal vigilance because quality of patents isn’t what the patent ‘industry’ strives for. Its economic motivations mean that infinite patent grants on any conceivable concept would be grand! It mirrors the activity of the copyright ‘industry’.

As covered here last night and on Sunday, Andrei Iancu might be the next USPTO Director and his track record gives reasons for concern. He’s part of that same pool of patent maximalists that trolls come from. Patent maximalists from Managing IP wrote about it today (or last night). To quote directly what the White House said (it has been known since Friday when there was a late night announcements dump): “Andrei Iancu of California, to be Under Secretary of Commerce for Intellectual Property {sic} and Director of the United States Patent and Trademark Office, Department of Commerce.”

“He’s effectively siding with patent trolls and other malicious actors.”Remember the role played by Dennis Crouch when there was a witch-hunt against Michelle Lee. It paved the way to this. On many occasions earlier this month we wrote about Dennis Crouch’s meddling. It’s not the meddling itself that bothers us the most but the side taken by Crouch. He’s effectively siding with patent trolls and other malicious actors. He wants to see PTAB destroyed (or its authority profoundly limited). He has been doing a lot of that so far this year, but recently it became a lot more frequent. Here, in a post from yesterday, one can see Dennis Crouch boosting anti-PTAB arguments, removing pretenses of impartiality. Is he still an academic or just a trolls’ lobbyist these days? Going more than two centuries back (and sometimes making errors, which he later publicly admits), he say that his “basic argument is historic — Inventors had a right to a trial by jury prior to 1791; those rights were guaranteed by the Seventh Amendment of the US Constitution; and Congress cannot now eliminate those established rights.”

AIA passed 6 years ago. Why has he not complained until now? On the very same day Dennis Crouch continued his long attack on the reputation of PTAB (echoing tactics from Watchtroll) in order to help patent trolls and other radical elements. It’s like he’s trying to suggest that PTAB is corrupt, in effect insulting the judges like Watchtroll habitually does.

Ultratec’s patents relate to systems for facilitating phone calls for deaf people. In eight parallel IPR proceedings, the PTAB found the challenged claims anticipated and/or obvious. On appeal, the Federal Circuit has vacated – holding that “the Board failed to consider material evidence and failed to explain its decisions to exclude the evidence.” As you might expect, the panel of Judges Newman, Linn, and Moore held the PTAB’s feet to the fire.

To us, as an independent site, it’s rather sickening to see what academia in the US has become, with some professors turning into patent maximalists and it’s clear for whose benefit. Even judge-bashing seems to be flirted with. Maybe Crouch has been receiving E-mails from people with a grudge and is thus acting as their courier. Whatever it is, what sort of patent academic seriously believes that patent quality (or quality assurance) is something to be challenged rather than supported? Every other patent academic seems to be on the other side of the argument, so is Crouch becoming somewhat of a “crank” here? Historically, the battle over patent scope was waged between greedy/corporate interests and academia; it’s clear which side was protectionist and which one was rational. If Crouch has decided to crouch under the bridge with the trolls, we have no choice but to point it out. This past month alone, for example, Patently-O was reduced to little more than a PTAB-bashing blog. The mask totally slipped off.

“This past month alone, for example, Patently-O was reduced to little more than a PTAB-bashing blog.”While Dennis Crouch protects patent trolls and bullies, it’s actually large corporations that now express support for PTAB. But not the nefarious front groups. “Patent reform is critical to protecting American inventors,” says the headline of this new column at The Hill, composed by Alden Abbott of the Heritage Foundation, in support of the anti-PTAB STRONGER Patent Act of 2017 (Crouch focuses on a Supreme Court case pertaining to PTAB). It’s very strongly in favour of abolishing PTAB, i.e. an anti-reform ‘reform’. To quote:

Throughout American history, patents have been key to making the United States the world’s leader in innovation. They have spurred the development of the telegraph, the telephone, electrical systems, automobiles, aviation, computers, smartphones, and numerous life-saving drugs.

But recent changes in U.S. patent law threaten to dethrone the United States as the world’s technology leader — and slow American economic growth.

Federal patent law has long granted American inventors a limited time right — currently 20 years from the date a patent application is filed – “to exclude others from making, using offering for sale, or selling” their novel inventions. Subject to certain conditions, the U.S. Patent Office must grant a patent to an applicant who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” This language on its face provides broad authorization for the grant of patents.

[...]

Patent experts (including leading judges, scholars, practitioners, and former PTO heads) have pointed out that PTAB’s record of overturning the vast bulk of patents presented for review is far out of line with historic rates of patent reversals by the courts. That high reversal rate, those experts say, shows that the PTAB process is seriously defective.

PTAB rulings have been a particular blow to small inventors, whose ability to attract seed capital to promote their innovative ventures is being seriously threatened.

When Heritage Foundation staff says “small inventors” it actually means patent trolls and sometimes large aggressors (may be be non-practicing) that shake down many of their small rivals. But don’t let facts get in the way; hey, it’s the Heritage Foundation — the very antithesis of facts and opponent of reality. Isn’t it funny that the Heritage Foundation basically cites patent maximalists to give the illusion of PTAB hostility? The vast majority of practitioners and the public support PTAB.

“When Heritage Foundation staff says “small inventors” it actually means patent trolls and sometimes large aggressors (may be be non-practicing) that shake down many of their small rivals.”Remember that PTAB does not just invalidate any patent; it specifically targets patents that should never have been granted in the first place. So what’s wrong with that? Those who like to stroke their ego over charts that show infinite growth in patents (accelerated rate of growth) aren’t happy about it. Crouch might need to change career or reassess his views of patents. Many of his colleagues and fellow academics do not agree with him; they write many papers about patents going overboard and harming the US economy.

In simple terms, PTAB means less money for trolls. Abolishing PTAB would mean their resurgence.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  2. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  3. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  4. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  5. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  6. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  7. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  8. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  9. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  10. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates



  11. [Meme] IBM Has Paid ZDNet to Troll the Community

    Over the past few weeks ZDNet has constantly published courses with the word "master" in their headlines (we caught several examples; a few are shown above); years ago this was common, also in relation to IBM itself; clearly IBM thinks that the word is racially sensitive and offensive only when it's not IBM using the word and nowadays IBM pays ZDNet — sometimes proxying through the Linux Foundation — to relay this self-contradictory message whose objective is to shame programmers, Free software communities etc. (through guilt they can leverage more power and resort to projection tactics, sometimes outright slander which distracts)



  12. [Meme] ILO Designed to Fail: EPO Presidents Cannot be Held Accountable If ILOAT Takes Almost a Decade to Issue a Simple Ruling

    The recent ILOAT ruling (a trivial no-brainer) inadvertently reminds one of the severe weaknesses of ILOAT; what good is a system of accountability that issues rulings on decisions that are barely relevant anymore (or too late to correct)?



  13. Links 22/10/2021: Trump's AGPL Violations and Chrome 95 Released

    Links for the day



  14. [Meme] How Corporate Monopolies Demonise Critics of Their Technically and Legally Problematic 'Products'

    When the technical substance of some criticism stands (defensible based upon evidence), and is increasingly difficult to refute based on facts, make up some fictional issue — a straw man argument — and then respond to that phony issue based on no facts at all



  15. Links 22/10/2021: Global Encryption Day

    Links for the day



  16. [Meme] Speaking the Same Language

    Language inside the EPO is misleading. Francophones Benoît Battistelli and António Campinos casually misuse the word “social”.



  17. António Campinos Thinks Salary Reductions Months Before He Leaves is “Exceptional Social Gesture”

    Just as Benoît Battistelli had a profound misunderstanding of the concept of “social democracy” his mate seems to completely misunderstand what a “social gesture” is (should have asked his father)



  18. IRC Proceedings: Thursday, October 21, 2021

    IRC logs for Thursday, October 21, 2021



  19. Links 21/10/2021: MX Linux 21 and Git Contributors’ Summit in a Nutshell

    Links for the day



  20. [Meme] [Teaser] Miguel de Icaza on CEO of Microsoft GitHub

    Our ongoing series, which is very long, will shed much-needed light on GitHub and its goals (the dark side is a lot darker than people care to realise)



  21. Gemini Protocol and Gemini Space Are Not a Niche; for Techrights, Gemini Means Half a Million Page Requests a Month

    Techrights on gemini:// has become very big and we’ll soon regenerate all the pages (about 37,500 of them) to improve clarity, consistency, and general integrity



  22. 'Satellite States' of EPO Autocrats

    Today we look more closely at how Baltic states were rendered 'voting fodder' by large European states, looking to rubber-stamp new and oppressive measures which disempower the masses



  23. [Meme] Don't Mention 'Brexit' to Team UPC

    It seems perfectly clear that UPC cannot start, contrary to what the EPO‘s António Campinos told the Council last week (lying, as usual) and what the EPO insinuates in Twitter; in fact, a legal challenge to this should be almost trivial



  24. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States

    How unlawful EPO rules were unsurprisingly supported by Benoît Battistelli‘s friends in Baltic states; António Campinos maintained those same unlawful rules and Baltic connections, in effect liaising with offices known for their corruption (convicted officials, too; they did not have diplomatic immunity, unlike Battistelli and Campinos)



  25. Links 21/10/2021: GIMP 2.99.8 Released, Hardware Shortages, Mozilla Crisis

    Links for the day



  26. How Oppressive Governments and Web Monopolists Might Try to Discourage Adoption of Internet Protocols Like Gemini

    Popular movements and even some courageous publications have long been subverted by demonisation tactics, splits along unrelated grounds (such as controversial politics) and — failing that — technical sabotage and censorship; one must familiarise oneself with commonly-recurring themes of social control by altercation



  27. [Meme] Strike Triangulations, Reception Issues

    Financial strangulations for Benoît Battistelli‘s unlawful “Strike Regulations”? The EPO will come to regret 2013…



  28. [Meme] Is Saying “No!” to Unlawful Proposals Considered “Impolite”?

    A ‘toxic mix’ of enablers and cowards (who won’t vote negatively on EPO proposals which they know to be unlawful) can serve to show that the EPO isn’t a “social democracy” as Benoît Battistelli liked to call it; it’s just a dictatorship, currently run by the son of a person who actually fought dictatorship



  29. IRC Proceedings: Wednesday, October 20, 2021

    IRC logs for Wednesday, October 20, 2021



  30. [Meme] EPO Legal Sophistry and Double Dipping

    An imaginary EPO intercept of Administrative Council discussions in June 2013...


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts