Bonum Certa Men Certa

CAFC and PTAB Are Both Being Insulted by the Patent Maximalists, Who Resort to Offensive Cartoons and Lies

Judge Reyna



Summary: The plaintiff-hostile patent courts, which have become strict on patent scope, are receiving scorn and abuse from the patent 'industry'; the Court of Appeals for the Federal Circuit (CAFC), for example, sees a judge of Mexican heritage caricaturised as shown above

SOFTWARE patents continue their rapid demise in the United States.



Earlier on the Docket Navigator highlighted this new decision wherein a USPTO-granted patent got invalidated (under 35 U.S.C. €§ 101). "The court granted defendant's motion for summary judgment that the asserted claims of plaintiff’s gaming machine patents encompassed unpatentable subject matter and found that the claims lacked an inventive concept," said the summary.

"Unified Patents has also just noted that its PTAB petition was likely successful and the "Walker Innovation" [sic] patent likely invalidated."One can imagine that the court/trial fees (attorneys etc.) were a lot higher than the cost of PTAB petitions (IPRs).

Unified Patent has also just noted that its PTAB petition was likely successful and the "Walker Innovation" [sic] patent likely invalidated. To quote:

On February 23, 2018, Unified filed a petition for inter partes review (IPR) against U.S. Patent 8,549,310 owned and asserted by Certified Measurement, a subsidiary of Walker Innovation and well-known NPE. The '310 patent, directed to a "method and apparatus for secure measurement certification," has been asserted in multiple cases against such companies as Yokogawa America, ABB, and Alstom.


This has become the norm rather than a rarity. The patent micrososm is just trying to cause a controversy and allege that PTAB does not assess evidence/facts. It's an old and easy-to-debunk lie (typically promoted in sites of patent trolls) which Patently-O contributed to with a silly (potentially racist) meme he had made about Federal Circuit Judge Rayne (see above, we had made a copy before he removed it and apologised). There's this new example of efforts to push this lie all the way up to the Supreme Court. We're not worried because the Supreme Court repeatedly rejected petitions to review Alice-type cases.

"The patent micrososm is just trying to cause a controversy and allege that PTAB does not assess evidence/facts."We don't expect the patent micrososm to quit trying all sorts of tricks. Patently-O has already attempted to slow down PTAB and CAFC. Patently-O's Dennis Crouch was even asking his students to write essays which suit his agenda some years back (which raises ethical questions about his employer) and days ago he returned to student essays, this time from Lauren Kimmel about "Science Fiction Law". It wasn't long ago when we saw high school students exploited by Watchtroll for anti-PTAB propaganda, shrewdly constructed in a "think about the children!" fashion.

Another site of the patent micrososm wrote a PTAB rant last week. Andrew Williams said:

Last year, the Federal Circuit decided the Aqua Products, Inc. v. Matal case en banc in what could be considered the epitome of a fractured decision. After 148 pages and five separate opinions, the only agreed-to result could be summed up in two conclusions: (1) that the PTO had not adopted a rule regarding the burden of persuasion, and that (2) because there was nothing that was entitled to deference, "the PTO may not place that burden on the patentee." Nevertheless, Judge Rayne's concurrence-in-part, at Part III, articulated a rule regarding the burden of production, even if there was disagreement whether it was a judgement of the Court or mere "cogitations." This conclusion was that, in the absence of a properly promulgated rule, "the Patent Office must by default abide by the existing language of inter partes review statute and regulations, €§ 316(d) and 37 C.F.R. €§ 42.121, which only allocate a burden of production to the patent owner." At the time, we did not know whether the Board would follow Judge Rayne's pronouncement. But in the interim, the picture has become clear.


That's the same Judge Rayne which Crouch did an offensive cartoon about. Considering what we showed in the previous post, they now have an ally in the Koch Brothers, who are deep-pocketed and notoriously reckless when they intervene in policy. They cannot get the Supreme Court to revisit patent scope, so right now they meddle in Oil States, hoping to undermine the principal or most prolific enforcer of patent scope (PTAB).

Recent Techrights' Posts

IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
 
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026