Bonum Certa Men Certa

Even Patent Bullies Like Microsoft and Facebook Find the Patent Trial and Appeal Board (PTAB) Useful

PTAB



Summary: Not just companies accused of patent infringement need the PTAB but also frequent accusers with deep pockets need the PTAB, based on some new figures and new developments

THE US has virtually excluded software patents, if not at the USPTO, then at least at the higher courts. Moreover, a lot of software patents are being eliminated outside the courts, owing to PTAB.



For those who used to make money from software patents, notably patent law firms, this trend may be an existential threat, so such firms just give bad advice almost every day. They interject themselves into news sites and give the impression that software patents are OK. The latest anti-Alice rant comes from the patent microcosm, as usual, and now it's Patricia Martone who writes that the "Court declined to hold that all improvements in computer-related technology and all software patents are inherently abstract and can never pass the Step One test for patentable subject matter."

"...a lot of software patents are being eliminated outside the courts, owing to PTAB."The article is actually a bunch of tips for working around restrictions and patenting software. Don't pursue these patents, however, as most such patents end up enriching nobody but patent lawyers. That is why they keep pretending that things are OK and they can work their way around Alice.

Curiously enough, as this new article points out, PTAB is at it again (squashing patents) and for a change it's a patent aggressor behind the petition, along with a company it previously blackmailed with patents. Here is the key parts:

The US Court of Appeals for the Federal Circuit mostly affirmed a Patent Trial and Appeal Board (PTAB) ruling that a patent challenged by technology companies ZTE and Microsoft is invalid.

IPR Licensing is the owner of the patent, US number 8,380,244, which describes and claims “dual mode” communications devices that can use cellular and Wi-Fi networks.


"For those who used to make money from software patents, notably patent law firms, this trend may be an existential threat, so such firms just give bad advice almost every day.""How Facebook learned to love the PTAB," IAM also wrote today, alluding to this news about all-time highs at PTAB, which even the pro-trolls sites bother to note. The author admits that patent reformers are succeeding but fails to identify patent trolls as such. "There has been much to pick over from the litigation data for the first quarter of this year," he says. "There was the ongoing fall in the number of new cases which has dropped to levels not seen since 2011. There was also a notable spike in activity at the Patent Trial and Appeal Board (PTAB), which according to analysis from Unified Patents made it the most active quarter ever with 561 reviews filed."

"What's noteworthy here is that PTAB comes handy even for patent maximalists; it serves justice faster than the courts and at a lower cost."Notice how many of the patent holders are LLCs that are mostly likely patent trolls. To quote, "Facebook’s 21 reviews for Q1 were filed against five patent owners with three NPEs — Skky LLC, Sound View Innovations LLC and Windy City Innovations LLC — accounting for all but two according to data from Lex Machina. The company is in litigation with all five patent owners. This PTAB strategy has been seen before with Apple the leading exponent but as Facebook’s recent burst of activity shows, the social media business is a quick learner."

Well, it shows that patent trolls are preying on such sites. Suffice to say, the patents in question would be software patents -- something that Facebook too has been stockpiling and sometimes using for litigation purposes.

What's noteworthy here is that PTAB comes handy even for patent maximalists; it serves justice faster than the courts and at a lower cost.

Recent Techrights' Posts

The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
The Register MS: Don't Use Linux
That really says a lot about The Register MS
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Sounds Like Microsoft 'Open' 'AI' (Slop) Ran Out of Money to Borrow
Maybe in 2026 slop will be scarce enough that eventually, maybe by year's end, we'll manage to just ignore it.
 
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025
In India, Staff Works on Christmas Eve, Becomes Unemployed (Last Day)
The company fires based on how "expensive" workers are more often than based on their productivity
Links 24/12/2025: US TACOs on "China Chip Tariffs Until 2027", Russian Snickers in U.K. Convenience Shops
Links for the day
Links 24/12/2025: Cheeto President "Accused of Rape in Jeffrey Epstein Files", Windows to be Replaced by Slop?
Links for the day
Gemini Links 24/12/2025: Tea, Love During Pain, and Gaming This Year
Links for the day
GAFAM is a Bubble, Nothing is Free in This World
Nothing is free in the world
My New CD Player/Stereo Didn't Even Last a Year, My CD Player/Stereo From the Early 1990s Still Works
That helped reaffirm what I said in recent years about production/manufacturing standards of "modern" things
GitHub Isn't Free, Microsoft Subsidises It (Losses) to Entrap You Inside Proprietary Software, Now Come the Fees
GitHub was never free
XBox Console is Dead, "Microsoft is Rethinking What XBox is"
So XBox is now "cloud"
IBM SkillsBuild: Teaching Slop to People
What skills does that give? Making more slopfarms?
Maybe 2026 Will be the Last Year of António Campinos
Europe's patent system is run by thugs and it serves thugs
2025: The Year LLM Slop Rose to Prominence and Then Fell
the slop hype is bound to end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 23, 2025
IRC logs for Tuesday, December 23, 2025
Links 24/12/2025: Spotify Surveillance and Shadow Over Rule of Law in Hong Kong
Links for the day
A Good End for a Fine Year
Today we saw some pleasant news online about the growth of GNU/Linux and more perils impacting Windows and XBox
Serial Sloppers Lost Momentum, Sites With "Linux" in Their Name Barely Bother Anymore
Will 2026 be the year slopfarms jump the shark?
Gemini Links 23/12/2025: Hydraulic Pressure Balance and mercury://
Links for the day
Gemini Links 23/12/2025: "The sun is shinning" and "problem in the Butlerian Jihad setup"
Links for the day
Links 23/12/2025: "Over 8,700 News Articles Censored in Turkey in 2024" and "Photos Are Being Deleted From the Epstein Files"
Links for the day
Techrights as 'Regulator' Against Runaway Trains
"Runaway trains" never scared us because we know that they, unlike us, don't think rationally
Links 23/12/2025: That ‘Satisfying Click’ and Security Lapses, Car Bomb Kills Russian Lieutenant General Fanil Sarvarov
Links for the day
Links 23/12/2025: GNU Taler 1.3, US Regime Censors Television Again
Links for the day
Valve Can Bring More Users to GNU/Linux, But It Won't Bring Freedom
Steam is DRM
Social Control Media is Bots (Fake Traffic, Fake 'Engagement')
As per FORTUNE, 76% of Twitter is alleged to be bots now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 22, 2025
IRC logs for Monday, December 22, 2025
How the Slop (So-called 'AI') Bubble Will Burst Next Year
There are already talks about mass layoffs in January
"Generative AI Bubble Has Begun to Pop", Nvidia Rides “Circular Financing... a Strategy That Hearkens Back to the Dot-com Crisis”
For companies like Microsoft this may mean another 30,000+ layoffs next year
Microsoft-Connected Media Talking About XBox Division "Profit Margins" is Distraction From XBox Sales Collapsing 70% in One Year
The simple fact is, Microsoft's console is dead in the water
The Reality is "Vibe Code" (Slop) is That It's Worthless
“Confidently Wrong”