Bonum Certa Men Certa

One Week Later, as Expected, the Patent Trolls' Lobby Continues to Moan About Oil States and Tries to Bring Another Challenge to PTAB (at the Supreme Court Level)

Patent Lawyers' Tears

Patent Lawyers' Tears



Summary: People who made their career out of patent maximalism aren't entirely happy to see the media covering Oil States (like it did Alice and TC Heartland), knowing this decision contributes even further to the legitimacy of the appeal board, PTAB

THE USPTO spoke about the impact of the Supreme Court's (SCOTUS) decisions on PTAB yesterday afeternoon. We have not seen any coverage about that. At least not yet...

As a recap, here is what we have written about Oil States since this decision that was published almost exactly one week ago:



We said it would probably dominate the headlines for days if not weeks. Seeing Watchtroll's latest attack on Oil States (as well as Section 101 and the rest) is therefore not surprising to us. Watchtroll wrote 3 articles about Oil States in just 5 hours after the decision. Court- or jurist-bashing included, as usual. Watch the comments from the likes of Paul Morinville; these aren't mere maximalists but what we often call/refer to as patent extremists. These are the sorts of people who were bullying Michelle Lee until she quit her job, leaving a vacuum for some law firm that used to work for Donald Trump to take over.

Well, anyway, Watchtroll went even further than this. Writing about John Bean Techs. Corp. v Morris & Assocs. (a CAFC case involving estoppel) they carry on pretending that almost nothing has just happened. Estoppel has also just been noted in relation to Akeso Health Sciences, LLC v Designs for Health, Inc. -- a case that Docket Navigator tracks extra closely:

The court granted defendant's motion for summary judgment that plaintiff's patent infringement claims were barred by equitable estoppel due to its ten-year delay in filing suit and found that defendant was materially prejudiced by plaintiff's silence following its cease-and-desist letter.


We won't let the patent microcosm leave Oil States behind and distract from (or bash); this is what they want. In fact, seeking to undo the 'damage', they try to get another case like Oil States going at the Supreme Court. Watchtroll writes about Droplets (already promoted by Patently-O). They try to get many firms/groups involved, in order to put pressure on SCOTUS and compel Justices to deal with the case. It is not a special case and it doesn't merit SCOTUS time; in short, PTAB found the patent to be bogus and CAFC re/affirmed (agreed). Why appeal to SCOTUS? Here's what Watchtroll said yesterday:

In an IPR brought by E*Trade in response to an infringement suit by Droplets, the Board found that the Droplets ‘115 patent was invalid due to obviousness. The patent properly claimed priority to the ‘838 patent but also attempted to claim priority to an earlier ‘917 provisional patent and an intervening ‘745 patent through incorporation by reference. The Board concluded that these priority claims were not proper, and the Federal Circuit agreed.


So that's it; nothing too unique about this. It happens every week.

Patently-O, a PTAB-bashing blog favoured among the patent microcosm, still loses its mind over patent reform. SCOTUS just constantly refuses to stop PTAB (not even with a Trump-appointed Justice), which basically eliminates bogus patents that should never have been granted. Patently-O wrote this a day ago:

Until today, a host of patent cases have been pending before the Supreme Court — hanging onto the coattails of Oil States. Following full affirmance of the IPR regime, the Supreme Court has now denied certiorari in those cases. The one additional case that was ripe-for-certiorari in the most recent Conference is PNC Bank National Association v. Secure Axcess, LLC, No. 17-350. The court issued no order in that case — suggesting that it may be up for further consideration. In PNC, the substantive question is “whether . . . CBM review requires that the claims of the patent expressly include a ‘financial activity element?'”


Good. SCOTUS already made it pretty clear (7 to 2) that PTAB is OK and can carry on. The patent microcosm just carries on trying to 'shelve' Oil States and override this decision as soon as possible. Patently-O tried hard to solicit briefs (or certiorari) to that effect.

Recent Techrights' Posts

[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
 
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work