Bonum Certa Men Certa

PTAB Crushes Software Patents and Patent Extremists Are Not Happy About It

ArcherSummary: The Patent Trial and Appeal Board (PTAB), a legal facility which invalidates many software patents, still faces opposition from those who profit from software patents (not software developers)

IT IS no secret that Professor Crouch dislikes PTAB and tries to slow it down. Last night he again said something which makes it abundantly clear: "Many of us have been criticizing the Federal Circuit new proclivity to issue no-opinion judgment" (by "us" he meant patent extremists).



Well, the Federal Circuit (CAFC) cannot deal individually with each and every appeal, for reasons we explained here before. It sides with PTAB about 80% of the time. What Crouch is hoping for is a clog-up or scatter-back, that's all. Crouch likes patent maximalism (or fronts for maximalists), so whenever he covers CAFC cases, as he last did some days ago, he often given the impression that there is something wrong with PTAB. He is no exception.

Why are these people so afraid of PTAB? Here are three new examples from a patent maximalist, from his latest tweets:



Days ago we saw two articles about CAFC, this one from LexOrbis (it lies about software patents), which says: "The Federal Circuit's opinions in 2016 reaffirm that software remains worthy of patent protection just as any other field of technology."

Actually, that's nonsense and in 2017, or at least in recent months, they pretty much never ruled in favour of any software patents. The second article came from Taft Stettinius & Hollister LLP, which said: "Patent applicants for computer- and software-related inventions would be well-advised to discuss how to frame the technological improvements of their inventions with their patent attorney when drafting the patent application."

In other words, the authors advise people to come and pay them, probably in order to receive poor advice in light of cherry-picked/selective CAFC view.

It's quite incredible to see how much these people are willing to lie just to attract business and damage the reputation of PTAB. Watchtroll, for example, is again attacking Facebook because it protects/defends PTAB* (this from 3 days ago) and Steve Brachmann from Watchtroll is once again attacking US politicians who speak about poor patent quality. Here is a passage from this attack piece (what a malicious site):

At the July 13th hearing of the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet, Mapbox staffer Tom Lee had some rather explosive things to say about patents. “In general, the quality of software patents in our system seems to be very poor,” Lee testified to efficient infringer ally, patent troll and House IP subcommittee chairman Rep. Darrell Issa (R-CA). Further, Lee assured members of the House IP subcommittee that he knew software engineers who would consider it “an embarrassment” to be listed as an inventor on a patent.


These politicians are actually concerned about patent quality, and rightly so. All they ever receive from the patent microcosm is abuse and scorn. _______ * There is an ongoing dispute about licences (Facebook using patents to discourage forks of its code) -- a debate which is nowadays discussed in mailing lists, tracked by Simon Phipps, and led to this tweet that claimed "Facebook [is] wasting its time and money supporting software patents..."

Recent Techrights' Posts

Microsoft's Latest 'Novel' Approach, Trying to Prevent People Moving Away From Microsoft and From Windows
ads say a lot about their business strategy
Microsoft-sponsored "The New Stack" Publishing Microsoft Windows Articles in "Linux" Clothing
Just sayin'...
 
Microsoft Ends Support for Vista 10, So Relative Share of Vista 10 Goes Up, Vista 11 is Down
For 2 months in a row already
When Python is Basically Run by a 'Microsoft-Friendly' Mole Who Ousts People That Actually Contributed a Lot to Python for Many Years
Removing some of the best people
Syria: Microsoft Windows Down to 8% "Market Share" (It Was 99% Just 15 Years Ago)
it was even measured at less than 5% earlier this year
Links 08/12/2024: Boeing Leaks and Bluesky’s Business Model Dilemma
Links for the day
Gemini Links 08/12/2024: UK Winds and Ultraviolet Grasslands (UVG)
Links for the day
Links 08/12/2024: Conflicts, Misinformation, and Gutting of the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 07, 2024
IRC logs for Saturday, December 07, 2024
Czech Republic: GNU/Linux Jumps Above 4%
data from the Czech Republic for 2024
IBM Engagement Surveys "Are Usually Useful for the Executives So They Know Which Things to Ignore"
This impacts Red Hat as well
Did Microsoft 'Write' (by Chatbots) This 'Article' About WINE?
The Web is drowning in garbage
Dictatorship Formalised: Python Software Foundation Violates Its Very Own Code Of Conduct (COC) or Code Of Censorship
Incoming Python Software Foundation Executive Director, Deb Nicholson, allegedly uses COCs to get ahead while violating COCs
[Meme] 'Self-Checkout' (and Banking 'Apps'): Passing All Accountability to the Customers
Stealing
Gemini Links 07/12/2024: Leasehold and NNTP
Links for the day
Fun Statistics About Techrights (Almost a Quarter Million Files)
Here are some raw numbers
PIP (Performance Improvement Plan) as an Instrumental But Largely Hidden (From the Public) Extra Layer of IBM's Workforce Reductions
The morale at IBM is really bad
Microsoft Money: From Bribing Bloggers to SLAPPing Bloggers
Microsoft money, different strategy?
Belgium: Windows Falls to Quarter of the Market, Mobile Devices Outsell or Overtake Desktops/Laptops on the Web
Microsoft has no operating system for 'smartphones'
Links 07/12/2024: CALEA Back Doors Backfiring, Fentanylware's (TikTok) U.S. Ban a Step Closer
Links for the day
statCounter: GNU/Linux Rises Sharply to All-Time High in Republic of South Korea
Notice how sharp the rise is!
It's FOSS? No, It's SPAM.
Another sellout
Another Massive Blow to the Web
This is awful news and it neatly relates to topics that we covered this morning
All the Latest Five Blog Posts at OSI's Blog Are Written by a Microsoft Operative Salaried by Microsoft
"Open Source" no longer means anything
Legacy of a Dying World Wide Web
Many people truly believe they're "stars" in social control media
Google Does Not Have a Search Engine Anymore
Google wants to "retain" users for more "screen time" and influence over their minds; it does not save you time, it's manipulating you
[Meme] Automattic: Host With Automattic, We'll Handle Our Own Complexity for You
The RHEL modus operandi (more so with systemd)
Finding Peace With Less
There seems to be a growing consensus (speaking to other editors helps confirm this) that the Web is going in a very bad direction
Links 07/12/2024: DEI Chopped by University of Michigan, French and South Korean Governments in Turmoil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 06, 2024
IRC logs for Friday, December 06, 2024
Links 06/12/2024: Meal Changes and Internet Nostalgia
Links for the day
Brittany Day (linuxsecurity.com) Reposing Linux Foundation/Microsoft FUD Using LLMs, Probably Controlled by Microsoft
Plagiarised FUD by LLMs
Three Months
Next week on Tuesday our sister site turns 20.5
Links 06/12/2024: Promotion of Fake and Illegal Patent 'Court' (UPC), South Korean Strikes, and More Bailouts at Taxpayers' Expense
Links for the day
Links 06/12/2024: Alarm Raised in EU Over Meddling and Destabilisation by TikTok, Strong Criticism of 'Open'AI
Links for the day
In France, Android Skyrockets to 52%, Windows Falls to 26%
even in rich countries across Europe Windows is rapidly losing "market share"
When News Sites Become Shopping Catalogues Disguised as 'Reviews' or 'Articles'
Sometimes Fagioli uses HEY HI (AI, LLMs actually) to make 'articles' about HEY HI
[Meme] Hit and Run with SLAPP
Microsoft staff versus Techrights
[Meme] When You Go Against Corporate Front Groups and Shills of Moneyed Interests (EDRi is Microsoft-Compromised Now)
The "golden rule" is, follow the gold
The Register Exposed Many IBM Scandals, Lawsuits, and Secret Layoffs. Now IBM Pays The Register.
Hush money?
IBM Told the Media the Secret Mass Layoffs Would Carry on Till End of November, But They Still Happen This Month
"My team of 9 people had 4 regulars and 5 contractors. All contractors gone."
All the Red Flags in New Linux Foundation Report
How telling...
Gemini Links 06/12/2024: Shrinkflation and Working at Google
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 05, 2024
IRC logs for Thursday, December 05, 2024