03.15.18
Gemini version available ♊︎PTAB Continues to Increase Capacity Ahead of Oil States; Patent Maximalists Utterly Upset
Summary: The Patent Trial and Appeal Board (PTAB) sees the number of filings up to an almost all-time high and efforts to undermine PTAB are failing pretty badly — a trend which will be further cemented quite soon when the US Supreme Court (quite likely) backs the processes of PTAB
THE subject we’ve been writing a lot about in recent years concerns the (re)assessment of patents in the US. If some given patent is good and was justifiably granted, then PTAB will let it be; the PTAB, however, is typically approached when there’s some questionable patent, especially if that patent starts being used for threats if not actual lawsuits. PTAB helps protect from patent injustices without incurring the costs of a lengthy court battle. And we know who profits from lengthy court battles…
“Recent Patent Trial and Appeal Board developments include filing increasing in February, Managing IP revealing the top PTAB firms, the Board ruling tribal sovereign immunity doesn’t apply in IPRs, and some interesting Federal Circuit opinions,” Michael Loney summarises a new post behind a paywall. So PTAB hits/reaches “highest total since June 2017,” indicating that this year too might be a record year. PTAB breaks new records almost every year. This is something to be celebrated.
The USPTO fixes patent quality over time. It’s already being said (projected) that the number of granted patents will have declined by year’s end (for the first time in a very long time).
“They will probably attack the Justices quite soon (over Oil States).”Seeing the response to the above, we are not surprised. Patent extremists are upset. Even though their attacks on PTAB have slowed down*, they are looking for something to complain about. They will probably attack the Justices quite soon (over Oil States).
Watchtroll is now latching onto a patent scam of Allergan and the St. Regis Mohawk Tribe just because it hates PTAB so much. As usual, patent law firms wrongly assume that they ‘own’ the world and attack everyone, including judges, practicing companies, politicians etc. Watchtroll merely repeats something which was noted in Patent Docs days earlier. Patent Docs‘s Kevin Noonan meanwhile loses his mind over the prospect that the patent scam may soon be ruled illegal by US Senate. Here’s what he wrote less than a day ago:
In a development that could moot (once and for all) the controversy over tribal sovereign immunity occasioned by the St. Regis Mohawk Tribe’s ownership of patents relating to Allergan’s Restasis formulation for treating disorders of the eye, a group of Senators including Tom Cotton (R-AK), Claire McCaskill (D-MO), Pat Toomey (R-PA), Joni Ernst (R-IA), and David Perdue (R-GA) introduced a bill to broadly abrogate assertion of tribal sovereign immunity in any patent-related proceeding.
[...]
Insofar as Congressional authority over tribal sovereign immunity is “plenary,” United States v. Lara, 541 U.S. 193, 200 (2004) (“the Constitution grants Congress broad general powers to legislate in respect to Indian tribes, powers that we have consistently described as ‘plenary and exclusive’”), and in view of the Senators’ politic framing of the issue both as an abuse and a cause of higher drug prices, only the seeming inability of this Congress to pass anything other than tax “reform” is likely to stop the bill from being enacted into law. Perhaps the Supreme Court will rule IPRs unconstitutional in Oil States Energy Services v. Greene’s Energy Group, or the pharmaceutical industry or Native American tribes can arrange matters to have naysayers be the last group to speak with Mr. Trump before he is called upon to veto the bill. Otherwise it is likely that this particular procedural gambit has run its course.
Notice how they invoke “Trump”; so basically, they not only support an obvious scam but also rely on/appeal to Trump for help. Are they really so desperate that they wish to associate with those things? █
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* Watchtroll, the main site of patent radicals, is digging really deep (literally thousands of PTAB cases and hundreds of CAFC cases) for anything that can be spun as both being “corrupt” because Oil States is coming and they look for a “scandal”. And later in the same day Watchtroll was saying: “The appeal to the Federal Circuit comes after the Patent Trial and Appeal Board (PTAB) affirmed the rejection of claims covering a healthcare product for dogs after deciding that the inventor’s incorporation of a suggestion proffered by a veterinarian entitled the vet to joint inventorship.” These two posts about PTAB, both from 2 days ago, were the only such rants in the entire week (so far) — i.e. a lot less than usual. Momentum of opposition to PTAB is mostly lost.
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