09.17.18

Gemini version available ♊︎

The Patent Trial and Appeal Board (PTAB) Helps Prevent Frivolous Software Patent Lawsuits

Posted in America, Patents at 3:44 am by Dr. Roy Schestowitz

…it is therefore opposed by those who profit (hundreds of dollars per hour) from these frivolous lawsuits

Coins

Summary: PTAB with its quality-improving inter partes reviews (IPRs) is enraging patent maximalists; but by looking to work around it or weaken it they will simply reduce the confidence associated with US patents

THE reputation of the USPTO will depend on its patents. A few days ago we learned, based on an article from Brittany Shoot (Fortune), that OxyContin “drugs lords” make billions getting you addicted to drugs (with the state’s approval) and then they want a patent monopoly on getting you off these drugs. This is outrageous, yet the USPTO sees no “scandalous” thing here; it only sees “scandals” in particular trademark applications because these might seem rude.

It also looks like another bogus software patent has just been wrongly granted by the Office. Aquiire published a press release about it. How about this other press release, this time from MKThink, which speaks of “technologies for analyzing business intelligence applied to physical assets, environmental factors, and cultural dimensions.” Not abstract? Talari Networks also pushed out a press release [1, 2] and this one is almost certainly about software patents. Last among this bunch we have a press release [1, 2] from a firm that’s suing over patents on “Virtual SIM (vSIM) technology,” i.e. probably software-implemented and thus invalid under Section 101 (35 U.S.C. § 101). To quote:

The holding company of Skyroam, Inc. (www.skyroam.com), SIMO Holdings Inc., has filed a lawsuit on June 15, 2018 against UCloudLink Network Technology Limited America, brand-named GlocalMe, in the United States District Court for the Southern District of New York. The lawsuit alleges that UCloudLink is violating SIMO’s intellectual property by selling its infringing WiFi hotspot devices. The lawsuit cites unauthorized use of patented technology, which is prohibited by law, and is intended to protect SIMO’s significant investment in Virtual SIM (vSIM) technology.

Why does the Office keep granting such patents? They breed pointless lawsuits that often end when the underlying patents get invalidated, eroding confidence in US patents as a whole.

Will the USPTO raise the patent bar? It doesn’t look like it. Iancu is making a mess of the Office and patent maximalists rally to get a patent maximalist in charge of PTAB. “Like other members of the PTAB, the Chief Judge is appointed by the Secretary of Commerce in consultation with the USPTO Director,” they note, recommending/urging patent maximalists that this site targets to apply for the job.

They’re being rather shallow; maybe they can get Rodney Gilstrap to apply for the job. Wouldn’t that be funny? No other judge has earned anywhere near the same level of notoriety. Even politicians have called him names. Rodney Gilstrap was named in this new article a few days ago. To quote: “An unprecedented hearing took place in Marshall’s federal court, Wednesday, as two Chief Judges — Barbara Lynn and Rodney Gilstrap — sat at the bench together, simultaneously…”

Judge Gilstrap again in the news; he’s a friend of patent trolls in his district and he justifies that by saying that it’s good for his town. Never mind justice itself.

Anyway, going back to PTAB, days ago we saw the exception rather than the norm when it comes to software patents; such patents typically perish at PTAB, but this time around PTAB permits software patents on “toolbars” and patent maximalists rejoice:

MyMail Ltd. beat a challenge to a patent related to computer toolbars at the Patent Trial and Appeal Board on Tuesday, a win that comes as MyMail seeks to overturn a court ruling that the patent is invalid under the U.S. Supreme Court’s Alice test.

The board said in a final inter partes review decision that it was not convinced the disputed patent claims were anticipated or obvious. The IPR was brought by Unified Patents Inc.

Watchtroll has also found the exception, taking stock of another rare decision 3 days ago:

On Monday, September 10th, the Patent Trial and Appeal Board (PTAB) issued a final decision in an inter partes review (IPR) proceeding petitioned by telecommunications conglomerate Comcast Corporation to challenge a patent held by electronic program guide developer Rovi Guides, a subsidiary of TiVo. The panel of administrative patent judges (APJs) in the case issued a mixed claim finding which nixed 20 of 24 challenged claims but upheld claims covering a buffering feature which Rovi is seeking to license with Comcast.

Watchtroll hasn’t changed its tune. It’s still lobbying against IPRs and looking for scandals/dissent. Basically anything that can lower patent quality. The same goes for Patent Docs, which yesterday advertised the webinar of the litigation ‘industry’ with bulletpoints like: “What guidance do Federal Circuit and PTAB decisions give patent counsel on the application of BRI?”

And in Chicago it advertised another webinar with bulletpoints like “Staying on Top of Recent Developments at the PTAB” and “PTAB Strategy in a Changing Environment: Claim Construction, Amendments and Section 112(6)…”

Also in Chicago: The Federal Circuit Bar Association (FCBA) — not quite what it sounds.

The Intellectual Property Law Association of Chicago (IPLAC) is among those involved in other events advertised yesterday (some are not quite related). And while we’re on the subject of Chicago, Brian Leiter from University of Chicago Law School took stock of most cited authors in this domain, showing that Mark Lemley is by far the most influential scholar in this area (this is why Mr. Gross keeps smearing him; Lemley is ‘problematic’ to all the anti-PTAB campaigning).

The bottom line is, the USPTO is still granting patents that oughtn’t be granted while its new Director seems to be trying to scuttle PTAB. This is a recipe for disaster and that can only further reduce the certainty associated with US patents.

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. IRC Proceedings: Friday, January 21, 2022

    IRC logs for Friday, January 21, 2022



  2. Peak Code — Part II: Lost Source

    "Debian and Mozilla played along. They were made “Yeoman Freeholders” in return for rewriting their charters to “work closely with the new Ministry in the interests of all stakeholders” – or some-such vacuous spout… because no one remembers… after that it started."



  3. Links 22/1/2022: Ubuntu MATE 21.10 for GPD Pocket 3, MINISFORUM Preloads GNU/Linux

    Links for the day



  4. Computer Users Should be Operators, But Instead They're Being Operated by Vendors and Governments

    Computers have been turned into hostile black boxes (unlike Blackbox) that distrust the person who purchased them; moreover, from a legislative point of view, encryption (i.e. computer security) is perceived and treated by governments like a threat instead of something imperative — a necessity for society’s empowerment (privacy is about control and people in positions of unjust power want total and complete control)



  5. Peak Code — Part I: Before the Wars

    Article/series by Dr. Andy Farnell: "in the period between 1960 and 2060 people had mistaken what they called "The Internet" for a communications system, when it had in fact been an Ideal and a Battleground all along - the site of the 100 years info-war."



  6. Links 21/1/2022: RISC-V Development Board and Rust 1.58.1

    Links for the day



  7. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  8. Gemini Lets You Control the Presentation Layer to Suit Your Own Needs

    In Gemini (or the Web as seen through Gemini clients such as Kristall) the user comes first; it's not sites/capsules that tell the user how pages are presented/rendered, as they decide only on structural/semantic aspects



  9. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  10. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  11. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day



  12. The Web is a Corporate Misinformation/Disinformation Platform, Biased Against Communities, Facts, and Science

    Misinformation/disinformation in so-called 'news' sites is a pandemic which spreads; in the process, the founder of GNU/Linux gets defamed and GNU/Linux itself is described as the problem, not the solution to the actual problems



  13. Links 20/1/2022: McKinsey Openwashing and Stable Kernels

    Links for the day



  14. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  15. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  16. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  17. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  18. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  19. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  20. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  21. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  22. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  23. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  24. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  25. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  26. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  27. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  28. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  29. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  30. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day


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