05.15.18

Gemini version available ♊︎

Inter Partes Reviews (IPRs) Make the United States a Much Better Place for Innovation and Creation

Posted in America, Patents at 6:34 am by Dr. Roy Schestowitz

As opposed to predatory litigation

Jim Logan of Personal Audio

Summary: Jim Logan of Personal Audio LLC (a patent troll, above) suffers one final blow and other news of interest serves to show just how valuable IPRs have become in the US

THE PATENTS which the USPTO had granted for a number of decades perished in recent years. Many of these, software patents in particular, became worthless. This was fine because it meant less litigation. Revocation of patents in no way affects the existence of actual, physical products.

“Revocation of patents in no way affects the existence of actual, physical products.”As we noted several months ago, the WesternGeco v Ion case at the Supreme Court does not really interest us because it does not deal with patent scope. Having said that, we’ve just become aware of the courts in the US invalidating patents at hand, owing to PTAB IPRs:

The Federal Circuit has affirmed the PTAB’s invalidation of claims of three patents involved in the WesternGeco v Ion case at the Supreme Court

No doubt the patent maximalists won’t be happy about this. To them it’s another reminder that patent maximalism is going away.

“No doubt the patent maximalists won’t be happy about this. To them it’s another reminder that patent maximalism is going away.”Here we have the professor-bashing, PTAB-bashing Mr. Gross having a go at Google. He claims that “after prompting and directing PTO to kill [sic] almost all of these types of data analytics patents, GOOG wants its spinoff to be able to sue someone on same type of concepts” (calling it a “spinoff” is an overstatement, as does accusing Google of “prompting and directing” the USPTO to “kill”). This is probably more of that Michelle Lee-bashing spiel. They keep blaming Google for everything. They pretend that Google alone (or primarily) is responsible for the demise of patent maximalism. Another PTAB-bashing twit has written this tweet about a PTAB decision from the end of April, noting that: “The PTAB Affirmed the Examiner’s 101 Rejection of an SMS Device and Added Another 101 Rejection: https://anticipat.com/pdf/2018-04-30_13437195_178334.pdf

Software patents, as usual. Speaking of which, the EFF’s Daniel Nazer continues the fight against software patents and patent trolls, having used IPRs against Personal Audio LLC, a notorious patent troll. Having gotten out of the Eastern District of Texas, this whole case seems to be over for good after “the Supreme Court rejected Personal Audio’s petition for review.”

From Nazer’s new outline of it:

Back in early 2013, the podcasting community was freaking out. A patent troll called Personal Audio LLC had sued comedian Adam Carolla and was threatening a bunch of smaller podcasters. Personal Audio claimed that the podcasters infringed U.S. Patent 8,112,504, which claims a “system for disseminating media content” in serialized episodes. EFF challenged the podcasting patent at the Patent Office in October 2013. We won that proceeding, and it was affirmed on appeal. Today, the Supreme Court rejected Personal Audio’s petition for review. The case is finally over.

We won this victory with the support of our community. More than one thousand people donated to EFF’s Save Podcasting campaign. We also asked the public to help us find prior art. We filed an inter partes review (IPR) petition that showed Personal Audio did not invent anything new, and that other people were podcasting years before Personal Audio first applied for a patent.

Meanwhile, Adam Carolla fought Personal Audio in federal court in the Eastern District of Texas. He also raised money for his defense and was eventually able to convince Personal Audio to walk away. When the settlement was announced, Personal Audio suggested that it would no longer sue small podcasters. That gave podcasters some comfort. But the settlement did not invalidate the patent.

Let this be another reminder of the value of PTAB and IPRs. The loser here is a troll (Jim Logan) which produces nothing whatsoever. The winner? Plenty of producers.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Becoming Robust to Censorship is a Technical Challenge for Web Sites That Publish Suppressed Information and Supportive Material

    Being at the mercy of third parties indebted to corporate patrons (or banks), sometimes in "reputation" or "political correctness" or "safety" clothing, is a topological issue; we need to teach more people to self-host and exercise full control over speech and information (never let those with money and power decide who can speak and who cannot)



  2. Links 28/10/2021: Raspberry Pi Zero 2 W Released and Mesa 21.3 Reaches RC3

    Links for the day



  3. [Meme] The EPO's “New Normal”

    The rule of law is being thrown out the window/door, people send rude letters, and we’re meant to think that this is the “new normal” (laws and regulations ceasing to exist); brought by the same people who try to force-feed people all around Europe the unlawful UPC



  4. [ES] Spanish: Richard Stallman's Speech From This Past Saturday

    The new bits (in Spanish) start at 14m:42s from the start



  5. This New Edward Snowden Video is Relevant to Media Cover-up in Service of EPO Management

    We’re long mentioned the 'conspiracy of silence' regarding EPO corruption (bribes and threats from Benoît Battistelli and António Campinos contribute to this silence), so the above video, which is new, seems relevant to us



  6. EPO Home-Working (or 'Remote' Working or 'Teleworking') Isn't an Act of Generosity But of Exploitation

    Contrary to what staff may be led to believe, allowing folks to work from home is just a workaround (as the law forbids some human-to-human contact/interaction) and pretext for screwing the workers a little bit more while crushing basic rights, such as strike and protest abilities (exercising or expressing dissent)



  7. IRC Proceedings: Wednesday, October 27, 2021

    IRC logs for Wednesday, October 27, 2021



  8. [Meme] False Choices and False Dichotomy Designed for Self-Harm

    The self-serving EPO surveys, which Benoît Battistelli and António Campinos design to justify their own policies, have severe flaws in them



  9. Links 27/10/2021: XOrg Server 21.1 and Makulu Shift Ubuntu Variant Released

    Links for the day



  10. Links 27/10/2021: Murena for /e/ and Red Hat Condemned for Its Nationalism/Racism

    Links for the day



  11. [Meme] EPO Presidential Surveys

    The 'social democracy' of Benoît Battistelli and António Campinos as demonstrated by a controlled survey (controlled by the subject of the survey, EPO governance)



  12. 'Shaping the New Normal' Survey at the EPO Got 5,554 EPO Staff to Participate, But It Was Controlled by Liars With an Agenda

    Last year’s EPO ‘study’ (hogwash about “quality” and other unscientific junk) was likely biased by virtue of autocrats controlling it and exploiting it for nefarious agenda and brainwashing of national delegates. The Staff Union of the EPO (SUEPO) has a new survey in the making.



  13. Many of the National Delegations (or Delegates) in the EPO's Administrative Council Have No Understanding of What They Vote on

    One must consider the possibility that ignorance or gullibility (which lack of qualifications may entail) possibly became a contributing factor — malice and bribery aside — in systemic failure of the EPO’s governance



  14. The EPO’s Overseer/Overseen Collusion — Part XXV: The Balkan League - Fresh Blood or Same Old, Same Old?

    We take stock of "captured states" that voted in favour of unlawful "Strike Regulations"



  15. IRC Proceedings: Tuesday, October 26, 2021

    IRC logs for Tuesday, October 26, 2021



  16. Beatriz Busaniche Speaks Up in Defense of Richard Stallman

    Beatriz Busaniche sent us this comment in July 2021. She wrote it originally in Spanish. Here are both the original text and our translation to English.



  17. Links 26/10/2021: SUSE Linux Enterprise Micro 5.1 and Multi-Distro Benchmarks

    Links for the day



  18. Links 26/10/2021: Vulkan 1.1 Conformance for Raspberry Pi 4 and Tor Browser 10.5.10

    Links for the day



  19. [Meme] Sounds Legit

    When not cheating on the wife, the EPO‘s “doyen” cheats in the exams and makes it into the epi Council, in effect working “[t]owards a common understanding [sic] of quality” with “patent attorneys nominated as “assessors” by the EPO, epi and BusinessEurope” (notorious lobbyists for dictators, litigation, and monopolies, neither business nor science)



  20. [Meme] Mayoral Patent Office Chief

    As it turns out, political 'double-dipping' isn't just a thing in North Macedonia, Austria, and EPOnia



  21. Romania's Patent Office (OSIM): Nine Different Chiefs in Just Eight Years

    The Romanian State Office for Inventions and Trademarks (OSIM), being the equivalent of the U.S. Patent and Trademark Office (USPTO) in the sense that it covers both patents and trademarks, is a very flaky institution with no shortage of scandals; for our English-reading audiences we now have a summary of a decade’s worth of blunders and leadership changes



  22. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League - Romania

    Romania’s patent office has been in flux this past decade, occasionally led by people with no relevant experience, but rather political connections (like EPO President António Campinos) and sometimes forged documents and fake degrees



  23. IRC Proceedings: Monday, October 25, 2021

    IRC logs for Monday, October 25, 2021



  24. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  25. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  26. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  27. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  28. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  29. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  30. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts