Bonum Certa Men Certa

When You Cannot Win the Case Attack the Judge and Say the Decision is Wrong

Watchtroll calls Oil States (et al) a "mistake", having attacked jurists and courts for years

Some court



Summary: The US Supreme Court's (SCOTUS) decision invited polite feedback from technology firms and geeks; the same cannot be said about law firms, which are accustomed to acting like bullies that send legal threats to companies

THE Oil States decision is irrevocable. It cannot be appealed. It's a done deal. This is a concept that scares patent maximalists, who are running out of tricks and strategies. No matter what they are trying, PTAB continues to attract more petitions over time. The maximalists haven't even been successful at slowing it down, e.g. with increase in fees (implemented under Matal). Seeing the maximalists squirm is enjoyable to us, having received threats from them over the years. They're bullies. They're vile.



"Seeing the maximalists squirm is enjoyable to us, having received threats from them over the years. They're bullies. They're vile."Two days ago Sanjeev Mahanta wrote for Watchtroll, which is nowadays looking for other, newer tricks for avoiding/bypassing PTAB. The patent "scam" of Allergan failed and SCOTUS ruled on Oil States in line with the US Constitution. PTAB is basically doing no wrong and it can carry on indefinitely; don't expect similar cases to be (re)visited by the Justices any time soon; it would be a waste of this court's time. They also touch nothing like Alice. There's no point. None. Alice was pretty clear about vagueness of particular patents. Mahanta's post is titled "Federal Circuit to decide if licensing agreement can prevent validity challenge at PTAB," but it seems like a very long shot and this court's decisions on patents are so many that whatever the outcome might be, it will have a 'shelf life' of just days if not weeks. On rare occasions these decisions are recalled for a few months. Then everyone forgets about them and moves on (not the case with Alice, Mayo, TC Heartland and so on).

We were actually amused to see that Watchtroll published 3 articles in just 5 hours about the Oil States decision. Yes, 3 article, all about the very same topic. They were in 'damage control' mode, looking to distort the narrative as early as possible. Seeing the totally incomprehensible mumbo jumbo that was going on inside their minds truly made our week. They just don't know what to do. They didn't know what to say. Steve Brachmann, who is neither technical nor legally-qualified (hired as merely a writer), said that the "Supreme Court Issues Much Anticipated Oil States and SAS Decisions" ("much anticipated" as in "everything is under control!"). This outcome was anticipated and expected, too.

"It's one thing to accuse judges of corruption (like secretly working for a defendant/plaintiff and sometimes accepting a bribe) but another thing altogether to bash judges for their views or facts-based decisions.""SCOTUS applied the public rights doctrine to the government’s grant of a patent, finding that patent validity trials need not take place in an Article III court nor did they violate the Seventh Amendment," Watchtroll wrote.

But that was not enough. Brachmann's 'master' (the site's founder) then jumped in. "While there has been much optimism due to the arrival of USPTO Director Andrei Iancu and his recent speeches signaling he understands the U.S. patent system must move along a different path, it is impossible to think that one man will be able to correct the collective mistakes of 535 elected Members of Congress and 9 ivy league educated jurists who seem convinced that forfeiting America's patent system is somehow what the Constitution demands," wrote a later article, implicitly casting the Supreme Court's decision as a "mistake".

It's one thing to accuse judges of corruption (like secretly working for a defendant/plaintiff and sometimes accepting a bribe) but another thing altogether to bash judges for their views or facts-based decisions. Watchtroll has quite a reputation for judge-bashing rhetoric, sometimes even demanding that judges step down or get fired. This is ugly.

"IPRs are formally constitutional, as per the US Constitution."A third article called the patent 'industry' (not a real industry) just "industry". It's a stack of self-serving quotes from the patent microcosm and patent aggressors. Hardly a reflection of views or consensus among the practicing (or producing) industry. Watchtroll‏ has already attacked the courts, so why not go further? On Wednesday Watchtroll published its latest anti-PTAB spin: "Despite Oil States, Inter Partes Review May Still Be Held Unconstitutional" (the exact opposite of what just happened).

Keep wishing, spin doctors. James Carmichael and Brad Close (in this particular case) were looking for loopholes, e.g.: "What was unfortunately never addressed in Oil States, and which the court specifically left the door open for, was that patents rights are still property rights for the purpose of Due Process–the inference being that IPRs may fail under the Due Process or Takings Clause."

So what do they intend to do? Appeal the decision of SCOTUS? They cannot. It's over. Case closed. IPRs are formally constitutional, as per the US Constitution. Get over it.

Recent Techrights' Posts

IBM's CEO Has Become a Stochastic Buzzword-Generating Machine
The current CEO is extremely unpopular
Chicago Transit Authority Has Dumped Twitter (X), As Did Many Others Without Announcing It (Due to Fear of Right-Wing Mobs)
If you don't have an account in Gab, then you probably should not have one in "X", either
How-To Geek Sort of Supersedes MakeUseOf (MUO) for GNU/Linux Coverage
some writers from MakeUseOf (MUO) have been migrated to a sister publication
Red Hat's Bluewashing to be Further Completed This Year
Do not wait for some announcement from redhat.com - it's already covered by IBM
Dr. Andy Farnell on a Death to Efficiency and Cash
Cash is not the same as "digital cash", which isn't even remotely the same
A Gift That Keeps on Giving: Microsofters Reveal a Campaign of SLAPP, Seeking to Censor Critical Information About Lawsuits Against Microsoft
All they can get here or mockery and ridicule
 
Microsoft Has "Made the Customer the Product."
it's very likely this comment was made by a Microsoft employee
GNU/Linux and Android Trump Microsoft in Saudi Arabia, Bing Down Since the LLM Hype/Hysteria Began
Microsoft leaves a lot of money on the table
The Interplay Between Free Software and Journalism Based on Truths, Suppressed Facts
Honest people can be transparent. Dishonest, rogue people rely on a lack of it.
FSF Talk: "Free Software Teaching Materials" by Dr. Miriam Bastian
Software Freedom is rooted in philosophy but it's about technical solutions
New Year's Resolutions Scoreboard
The goal is to improve clarity, accessibility, speed, and accuracy
Sites Reporting Crimes and Getting Harassed for Reporting Crimes
you cannot just ignore those who constantly seek to harass
Links 19/02/2025: Science, Hardware, and Digital Restrictions (DRM) Striking Again at eBooks
Links for the day
Zizian, transgender, Google & Debian open source extremist cult phenomena
Reprinted with permission from Daniel Pocock
Links 19/02/2025: The Forgotten USB Competitor and Pope's Bilateral Pneumonia
Links for the day
Gemini Links 19/02/2025: AuraRepo and Offpunk
Links for the day
Slopwatch: Wayne Williams is Making Up for His Workers' Slop Party, LinuxSecurity.com Still Publishes Fake Articles
We must identify and call out the culprits
“Open Source” Really Does Miss the Point, We Can Do Better Than That
We need to reject groups of people who promote Microsoft GitHub (proprietary) and call that "Open Source"
Links 19/02/2025: Organisations Quitting Social Control Media, Windows TCO Illustrated Some More
Links for the day
The Free Software Foundation is More Financially Independent From Large Corporations Right Now
Money that comes with strings attached to it is always problematic
The Free Software Foundation's Position on IBM Taking Red Hat Enterprise Linux 'Private' is Articulated Almost 2 Years Late
The Free Software Foundation finally spoke out about this issue
Techrights Publication Topics
One thing we'd like to do more of is Software Freedom advocacy
Springtime Layoffs at IBM (2025) and Statement From IBM European Works Council
It's about cost-cutting, even if such cuts doom the company
Microsoft Paying People Who Harass and SLAPP Techrights, Demanding Censorship
At this point the money trail leads directly to Microsoft
It's Not Even Hidden Anymore: Microsoft is Passing Bribes for Media to Publish Puff Pieces About Itself
GeekWire is paid by Microsoft to publish many puff pieces (even outright lies) about Microsoft
Links 19/02/2025: Political Roundup and Halifax Wants to Dump Twitter ("X")
Links for the day
Gemini Links 18/02/2025: Beginning Meditation, Poison as Praxis, and Blogging
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 18, 2025
IRC logs for Tuesday, February 18, 2025
Two Years After Issuing Ridiculous Threats and Choosing a Law Firm in Debt (Probably Desperate for Clients) Matthew J. Garrett Gets Help ('Bailout') From Microsofters
The karma won't be good
How Americans View 'Free Speech' in Practice
"No good deed goes unpunished"
Threats Against Techrights Always Come From Outside Britain
Over the coming days we shall write about an example of our own and we'll show how Americans have the audacity to bully people using a foreign (to them) court
Links 18/02/2025: More DeepSeek Bans and Supreme Court Patent Challenges
Links for the day
Links 18/02/2025: FAA Layoffs and EU Betrayed
Links for the day
On Technical Contracts of Employment and Why People Must Read Before Signing
The wave of layoffs under MElon will worsen prospects of finding alternate/better employment
LLM Slopfarms: LinuxSecurity.com and FUDZilla Doing 'Linux' (Fake Articles)
It's 2025. Everything on the Web is getting worse, except SPARTAN.
Gemini Links 18/02/2025: Reading Books and Oneiric Monk
Links for the day
Swiss corruption, Greens, Liip & Debian human rights violations
Reprinted with permission from Daniel Pocock
Swiss police TIGRIS unit, World Cat Day, Swiss-corruption.com & Debian
Reprinted with permission from Daniel Pocock
Links 18/02/2025: “Hey Hi Video Surveillance” and YouTube at 20
Links for the day
LLM Slop is Now Filling the Web With Pure Fiction/Fabrication/Misinformation About Linux
The timing of this lie/fiction is curious because Torvalds is being brigaded for defending C
FUDZilla Has Turned Into LLM Slop and Machine-Generated FUD (New York Times Has Also Just Admitted Moving in That Direction)
Failing news sites, instead of calling it quits with some remaining dignity, are handing control over to LLM slop (pretending to still be active)
By Buying Twitter, MElon and Cheeto Now Control EU Politicians, Even at the Highest Levels
"the top level politicians make the egregious mistake of trying to treat Xitter as if it were a communications medium"
The Washington Post (Jeff Bezos) Dies in Darkness
spread it on
How to 'Sell' Software Freedom to People
In my experience, it helps when one speaks about control, not freedom, including confidentiality
Gemini Links 18/02/2025: Downloading Gemini Files with Emacs and Elpher, Gopher on Devuan
Links for the day
Richard Stallman Confirms His Next Talk, "Free/Libre Software and Freedom in the Digital Society" (Next Monday in Free University of Bozen-Bolzano)
He could already advertise this more than a week ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 17, 2025
IRC logs for Monday, February 17, 2025
IBM's Chronic Neglect Won't Save Anything and It Might Even Get IBM Sued
The problem is likely a lack of manpower, not deliberate shoddiness
Gemini Links 17/02/2025: Ideal OS, AuraRepo Alpha, and Simple Code
Links for the day
The "Cool Kids" Are Already Using GNU/Linux, Microsoft is Just Cheating
The future and the present are Linux
Links 17/02/2025: War on Dissent and Bloggers, Nationalism a Growing Theme
Links for the day
IBM Going International (and India)
It's Monday and a national holiday
GeekWire: Microsoft Bribes Us While We Cover Microsoft Affairs (Spin Doctoring), Hence We Are "Independent"
What good is a "journalist" sponsored by the very same company he or she writes about?
The Attacks on LinuxQuestions.org
Going to Clownflare only worsens the problem
The GNU Manifesto Turns 40 Next Month
The guardian of Free software (definition, licences, philosophy, hosting and so on) has managed to endure and persevere for 40 years. Very few others can say the same.
Microsoft Lunduke Belongs in 4Chan
Assuming Microsoft Lunduke is aware of the full context, he is now trolling not one but two decent organisations
In Europe and in India Richard Stallman Need Not Duck Anymore, People Trying to Cancel His Talk Have No Sway
the last time a talk by Dr. Stallman got canceled was about a year ago
Back From a Short Break
We can now resume and try to stick to the usual pace
Links 17/02/2025: LLMs Failing and Patreon Support Becoming a Burden to Bloggers
Links for the day
Links 17/02/2025: Blogroll Conundrum; Research, Scientists Under Siege
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 16, 2025
IRC logs for Sunday, February 16, 2025