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

Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
 
PIP/GVSA at Microsoft: Mass Layoffs Disguised as Something Else
Microsoft is trying to cheapen the workforce because the numbers don't add up
Microsoft Lunduke Uses Twitter ("X") Because It's Algorithmically Designed to Boost His Worldview/s, He Ignores What "X" Is
Maybe all those people really deserve one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 31, 2026
IRC logs for Monday, August 31, 2026
Censorship by Threats
It should be noted that the Web site of Richard Stallman will soon enter its third day of downtime
In Romania, GNU/Linux Reaches 6%, According to Clownflare
Tomorrow we'll see the latest data from statCounter (for September)
Gemini Links 01/09/2026: Denali Park Train Trip, Crafts, and Community-Building in smol.pub
Links for the day
Microsoft Workers Doing 80 Hours a Week After Microsoft Culled Their Colleagues
there are days when they work 17 hours a day (barely any time left to sleep and eat) and work starts at 5AM
IBM Defrauds Shareholders With Fake News (Bribed Press) About "Quantum"
That says a lot about the state of "Tech Giants" and also the utterly shameless state of the media
Record Highs for GNU/Linux, Especially in the United States of America
the "market share" of GNU/Linux is about 9%, still about a third of what Vista 11 stands at
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day
Anniversaries Next Month
The month should be otherwise quiet and uneventful for us
Coding is Not Obsolete
we drown ourselves in chaff to meet "LOC" objectives while ignoring everything else
Microsoft Layoffs Perpetual But Silent, People Pushed Out Using Pressure or Incentive Schemes
Earlier this month we named some of the programs
Links 30/08/2026: Apple Rant and LLM (Slop) Scrapers Target Gemini Protocol and Gopher
Links for the day
Salaries Are Counted in Money, Not in Participation in the Employer's Scheme
articles greatly exaggerating GAFAM salaries
Walls in Free Software
mind your own business and move on
Even Linux Cannot Cope With Slop
Bots on the Web are truly obnoxious
What a Summer!
Tomorrow is the last day of this month
Links 30/08/2026: Soldiers in Niger Attack Presidential Palace and Airport, Nepali City Struggles to Handle the Many Dead Bodies
Links for the day
Clownflare Sees GNU/Linux Rising to 11% This Past Week
Is it the year of "Linux in China"?
Links 30/08/2026: Russian Strike on a Ukrainian Warehouse and Rhetoric Escalations
Links for the day
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026