Bonum Certa Men Certa

Dennis Crouch, Joined by Gene Quinn (Watchtroll), Still Attacking PTAB to Protect Patent Trolls and Software Patents

One among very many Watchtroll 'articles' (attack pieces) that may have led to Michelle Lee's resignation

Watchtroll on USPTO



Summary: The attacks on the Patent Trial and Appeal Board (PTAB) and those who enable PTAB have not ended; instead, these attacks have intensified again because the Supreme Court will weigh in soon

THERE are two actions against the PTAB right now. We last wrote about that yesterday. One is at a legislative level, namely the anti-PTAB STRONGER Patent Act of 2017 (by "stronger" it actually means weaker and lower-quality patents). The other one is a US Supreme Court (SCOTUS) case, in which the anti-PTAB blog Patently-O can't help meddling. In most days of August it attacked PTAB (almost every single day), writing little more than/besides that.



"In most days of August it attacked PTAB (almost every single day), writing little more than/besides that."As a reminder to non-regular readers (or occasional watchers of patent matters), SCOTUS almost always rules to improve patents, i.e. to improve patent quality rather than 'dilute' the whole lot with lousy patents. SCOTUS overturned CAFC about half a dozen consecutive times. Another case had been decided by SCOTUS (years ago, not just now). It was not about software (even by a long shot), but patents as judged by SCOTUS in this case (misuse for protectionism) resulted in punishment in the form of legal bills for the plaintiff:

A federal appeals court has upheld a decision mandating that Icon Health and Fitness pay $1.6 million in attorney's fees for filing an unwarranted patent lawsuit against a competitor.

Icon sued Octane Fitness in 2009, saying that Octane's high-end elliptical machines infringed US Patent No. 6,019,710, which describes an elliptical machine that allows for adjustments to accommodate individual strides. After two years of litigation, a district court judge found that Octane's machines didn't infringe. Octane asked for an award of legal fees, but in 2011, a judge rejected the company's bid. That decision was upheld on appeal.

[...]

But the fact is that it was nearly impossible to win fees in a patent case in 2011. However, Octane didn't take its loss sitting down. The company appealed to the Supreme Court, which heard oral arguments on the case in 2014.

In a 9-0 vote, the court issued an opinion (PDF) making it much easier to get attorney's fees. Justice Sonia Sotomayor wrote the opinion, holding that patent laws call for awarding fees in an "exceptional" case, which is "simply one that stands out from others with respect to the substantive strength of a party's litigating position... or the unreasonable manner in which the case was litigated."


It's cases like these which discourage patent lawsuits. Suffice to say, the litigation 'industry' isn't happy about it. Not only does it attack Alice (SCOTUS) but also PTAB (which enforces or applies Alice-inspired tests). Regarding PTAB, yesterday came out this article from Above The Law, speaking about a case that would likely get "tossed out within six months on an Alice motion" (Section 101).

Here is a portion about the relevance to PTAB:

Today? That same case would likely have been tossed out within six months on an Alice motion, or perhaps would have quickly settled after the inevitable IPR institution by the PTAB. Furthermore, the plaintiff would have likely had to contend with potential IPR filings by a host of third-parties, including from potential future targets interested in nipping a potential threat in a proverbial bud.

[...]

Want to minimize the risk? Assert more patents. (It is no surprise that one of the recommendations offered to anxious branded pharmaceutical companies — worried about increased susceptibility to generic companies filing IPR’s — was for them to file more patents on their drugs.) Prospective patent plaintiffs know that the most sure-fire (but not foolproof) way to avoid seeing their enforcement campaigns wither under an IPR onslaught is to assert as many patents as possible.


"IPR" is just legalese (i.e. confusing, non-English term) to mean petition. This is what really scares the litigation 'industry' because it can thwart litigation early on in the process whilst also dampening any incentive to sue in the first place.

"Why do these people so stubbornly resist patent quality?"This is why patent maximalists such as Dennis Crouch and Gene Quinn (Watchtroll) are trying to scandalise PTAB. Shame on Crouch for doing this on academic payroll, unlike Quinn who has always been a rude blowhard. Crouch now promotes Watchtroll links like this one from a week ago. These are serious attacks on PTAB and on the USPTO -- reminiscent of their online and offline bullying of Michelle Lee. This sort of mob mentality does a great disservice to the US patent system, but they don't care. All they want is lots and lots of patents and especially a surge in lawsuits (mostly trolls).

Another patent maximalist wrote yesterday that "ancient (1997) patent filing on net advertising gets killed under €§101, u know, to protect Google kids' monopoly: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2015003916-08-24-201"

"PTAB does not "kill" anything, it just belatedly assesses software patents to find errors made by the USPTO," I told him.

"So to claim that PTAB just blindly eliminates patents is simply untrue. But that's the sort of myth constantly being promoted by the above maximalists (all of them)."Why do these people so stubbornly resist patent quality?

Matthew Bultman, writing for Law 360 yesterday, picked out one of the rare cases where PTAB did, for a change, tolerate a software patent. To quote:

Xactware Solutions Inc. has failed to show a patent related to aerial rooftop measurement software is invalid, the Patent Trial and Appeal Board said Monday, in another disappointing decision for the New Jersey company in its effort to take down patents it’s accused of infringing.


So to claim that PTAB just blindly eliminates patents is simply untrue. But that's the sort of myth constantly being promoted by the above maximalists (all of them). Watch what Crouch is now doing with a new multi-part series; it's that tactic of using self-fulfilling prophecy-type predictions. Yet more lobbying by Crouch, as if PTAB is already dead:

An easy practical answer is that Oil States would effectively overrule those administrative decisions and thus removes any preclusive impact of an IPR cancellation. That approach runs into significant problems when a court has already relied upon an IPR cancellation to issued a final judgment (with appeals exhausted). Our federal courts strongly favor finality of judgments and are wont to revisit those judgments even when later evidence suggests that the judgment was based upon faulty information.


We are going to watch closely this sort of lobbying for the interests of trolls. They try to undo years if not almost a decade of progress. Without resistance they might even pull this off. ⬆

Recent Techrights' Posts

Links 05/11/2026: Rule of Law Vanishing in Turkey, Joshua Wong Still Martyred by Chinese Regime
Links for the day
Gemini Links 05/11/2026: Classical Music, Politics, and Seeed Studio
Links for the day
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026
Links 04/11/2026: Slop Helps Break Laws and Scam Altman Pretends Chatbots Are Persons
Links for the day
Gemini Links 04/11/2026: Abacus and Spare IT Equipment
Links for the day
Viet Nam and Thailand at High Adoption Levels of GNU/Linux, Other Nations Nearby Are No Exception
Helen Chiang and her colleagues say it's a "clown show" at Microsoft
Richard Stallman on What It's Like to be Threatened by Strangers With Software Patents
We hope that some EPO insiders will take time to listen to this talk
Intercontinental Brigading - Part XXXVII - Tasteless, Tactless Time for "Virtue-Signalling" (When Your Actions Are Much Like the GOP's)
Violence by cops isn't a "leftist" thing
Stealth Layoffs at IBM (PIPs and Bailouts)
string of reports or unverified hearsay
United Arab Emirates: GNU/Linux at Over 8%
According to statCounter
As XBox Goes Out of Business Helen Chiang Adds Insult to Injury
XBox sales are worst in 25 years
Steven Vaughan-Nichols is Slop
Just look at this
The Register MS is "Hosting a Dinner" for Sponsors
Remember that The Register MS keeps publishing spam about "AI"
Intercontinental Brigading - Part XXXVI - A Potent Microsoft Threat to Administration of Justice Globally (Not Just Fair Elections)
Breaking into machines to cover up one's own crimes
Intercontinental Brigading - Part XXXV - When One Does Not Understand Security (Nor Ever Pursues Security)
One might therefore conclude that Garrett is a proponent of American back doors
Links 04/11/2026: "Democratic Establishment" Wins Big and "Pentagon Sued Over Hegseth’s New “Future of Warfare” Committee Led by Musk"
Links for the day
Intercontinental Brigading - Part XXXIV - Women as Hostages, Even Spouses
First he put his own spouse behind bars by accusing the spouse of what he himself seems guilty of
A Geminispace Tally
That's not the Web, it is an alternative to it
Intercontinental Brigading - Part XXXIII - Shooting the Messenger is a Presidential Tactic
why our ministers are looking for ways to fix the law.
Andy's Latest Writings About Proton CEO Andy Yen, "JavaScript Required", and Slavery in Technology
Andy (of The Cyber Show) has some new material
Intercontinental Brigading - Part XXXII - Malfunctions Reported in Windows Voting Machines (as Usual)
"There are always problems," Ryan told us
Gemini Links 04/11/2026: GoAccess, Adopting Gopher, and Twisty Passages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 03, 2026
IRC logs for Tuesday, November 03, 2026
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Intercontinental Brigading - Part XXXI - Microsoft and Promoters of "Secure Boot" Are to Blame
the important thing is that the dictator and Microsoft can remotely control all computers
Links 03/11/2026: Science Around "Near-Death Experiences" and "Do Animals Grieve?"
Links for the day
Gemini Links 03/11/2026: Guitar, 3D-Printable Electric Spinning Wheel, Against Haven Social, and More
Links for the day
Intel Corporation Down Over 51% in One Month, the US Bailout Didn't Work
Is the slop industry [sic] next?
Microsoft European Development Centre (EDC) Next to be Culled?
No time for that anymore
Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026