Bonum Certa Men Certa

Momentum of PTAB is Growing and Political/Industrial Support is Growing Too

Troll bookSummary: Cisco, CCIA, EFF and Senator Orrin Hatch are among the many who support the Patent Trial and Appeal Board (PTAB), whereas proponents of patent trolls try hard to destroy PTAB

THE role played by PTAB is growing. There's no stopping or slowing down in spite of attempts to induce that.



PTAB has been good at stopping both software patents and patent trolls. It curtails abusive elements in the patent system.

A patent troll from Japan, according to IAM, is finally facing a challenge from PTAB. It typically uses the Eastern District of Texas to get money without doing anything productive, but now comes Intel (maybe PTAB too) and it could potentially put an end to all these shakedowns. To quote:

Japanese patent fund IP Bridge launched its fifth US patent assertion on Friday, filing a case against Intel in the Eastern District of Texas.

[...]

But despite the gauntlet of IPRs, IP Bridge has managed to secure a couple of settlements over the past four months that are very important validation for the company as it seeks to show that there is a place for patent monetisation entities in Japan’s relatively conservative IP business environment. In June, this blog reported the fund’s settlements with Broadcom and ARM – the latter of which did not stem from an infringement litigation. The company has around 700 semiconductor patents, and this Intel case suggests it will attempt to build on its deals with Broadcom and ARM to license the biggest players in the sector.


We expect and also hope that Intel will work towards invaliding these patents. IP Bridge, as we noted here before, is close to IAM; recall its cheering for it when it sued in the Eastern District of Texas.

We remind readers that IAM is little more than a megaphone of patent trolls. This new issue, for example, is full of puff pieces about trolls and full of attacks on PTAB. IAM is even publishing for a Koch-connected think tank which is against PTAB and for software patents. Adam Mossoff's agenda has been documented here for years. Here is another new one from the latest issue. A better (corrected) headline would say "PTAB stops patent trolls..." (which is a great thing!)

But no, IAM is all about trolls and always against PTAB. It's far from objective. Watchtroll too continues its daily attacks on PTAB (here is yesterday's example, in essence lobbying for patent trolls, as usual).

What we are hoping to show here is the commonality among PTAB opponents. They're not companies but trolls and publishers that they're paying.

What about the real industry, i.e. companies that actually make things?

Well, Dan Lang, VP Intellectual Property at Cisco, speaks in support of PTAB (we mentioned him here earlier this year). Two days ago CCIA published this piece for him.

To quote:

The IPR procedure has been in operation for 5 years and has performed admirably with an affirmance rate of nearly 75% by the courts. The patent office collected broad input from stakeholders in setting the rules. The agency staffed the Patent Trial and Appeal Board (PTAB) with experienced technically trained litigators. Appellate review has given the PTAB important guidance in claim construction and validity analysis. The IPR procedure has become an indispensable mechanism for taking low quality patents out of circulation. Fewer than 4300 patents, out of 2.8 million in force, have been challenged, and of those the patent office has instituted proceedings on only 2400.

[...]

Whether or not to grant a stay of litigation after an appealable finding of invalidity by the PTAB is also a question of striking the right balance so that the system is fair. In a case Cisco is currently involved in, the ITC found intentional infringement by a direct competitor after a 10 €½ month procedural delay. The ITC considered and rejected our competitor’s contentions that the patents are invalid. In our court filings, we explained where and how we think the PTAB got it wrong and is likely to be corrected by appellate review. The Federal Circuit has now agreed with us that a stay is unwarranted. If a stay were to have been put in place, infringement would have continued and we as the innovators would have lost the benefit of temporary exclusivity that the patent system was designed to provide.

As strong supporters of the IPR system, we believe our appeal of the PTAB findings is exactly what a patent holder should do if the PTAB makes a ruling the patent holder disagrees with. At the same time, we view with alarm the increasingly shrill denunciations one hears today from interests that care less about patent quality than about preserving what they characterize as “quiet title” in an asset they never should have had in the first place. The IPR procedure is important and any needed adjustments are refinements rather than sweeping changes such as proposed in the STRONGER Act or abolition as requested by petitioners in Oil States on specious constitutional grounds.

We at Cisco have long advocated for a balanced patent system that helps innovation. We have encouraged all three branches of government to make sure that the patent system isn’t abused by opportunists and speculators who buy up patents and litigate for the purpose of extortion. But we shouldn’t lose sight of why America’s founders created the patent system in the first place – to encourage and reward innovation.


Cisco uses patents aggressively against smaller competitors, but it is also frequently targeted by trolls. Its support of PTAB is noteworthy, but oddly enough, Cisco now imposes an embargo on a competitor's product in spite of PTAB invaliding the patent/s at hand. Even the CCIA spoke out against it last month.

The EFF decided to intervene too. Days after news about the Three Affiliated Tribes helping patents trolls and the Mohawk people doing something similar [1, 2] by shielding a corporation from PTAB the EFF complains above Native Americans helping patent trolls and generally impeding justice. To quote:

On September 8, 2017, the multi-billion dollar pharmaceutical company Allergan announced that it “sold” its patents relating to its eye drops “Restasis” to the Saint Regis Mohawk Tribe. But this was not a usual “sale.” The Tribe doesn't appear to have paid anything in exchange for becoming the legal owner of Allergan's patents. Instead, Allergan paid the Tribe $13.75 million, and also agreed to pay the Tribe up to $15 million more each year in exclusive licensing fees.

In other words, Allergan just paid out millions to give its patents away, and will pay millions more to license them back.

Why would a company pay a Native American tribe to take ownership of patents? Simple: to make those patents harder to invalidate.



Yesterday we found out that even Senator Orrin Hatch decided to intervene. In his blog he speaks out against patent trolls. To quote:

Our nation’s patent system has been in need of serious reform for many years. So-called “patent trolls” — entities that don’t actually make or sell anything but that instead buy patent licenses merely to extort settlements — have become a serious drain on our economy. According to one study, patent trolls and their frivolous lawsuits cost our country nearly $80 billion per year.



Here is the part about his support for PTAB:

Under the IPR process, an accused infringer can seek a ruling from the PTO that the patent the party is alleged to have infringed is in fact invalid. IPR proceedings are narrower in scope than traditional trial court litigation and allow for much more limited discovery, with the result that they tend to be both faster and cheaper than traditional litigation. As one might expect, IPR proceedings have become increasingly popular with parties accused of patent infringement.

IPR supporters say the process cuts down the costs of patent litigation and enables patent troll victims to more cheaply rebut frivolous claims. Opponents respond that the standards for proving invalidity in IPR are too low and that the IPR process too often eradicates sound patents. In addition, the Supreme Court is scheduled to hear arguments this term that the entire IPR process itself is unconstitutional. Clearly, this is an issue that warrants Congress’s attention.



"And if software patents [...] are invalid," Benjamin Henrion's tweet quoted him as saying, "business software developers may turn their attention to other products..."

Here is the part about patent scope:

Finally, at today’s meeting we’ll be discussing what sorts of limits Congress should place on what can and cannot be patented. The traditional rule has been that “anything under the sun that is made by man” is patentable. But there are also exceptions. And in a line of cases over the last decade, the Supreme Court has applied those exceptions in a way that has caused considerable uncertainty for technology and life sciences companies.

In two of those cases, Mayo and Myriad Genetics, the Court cast doubt on the ability of life sciences companies to patent treatments that derive from natural processes. In Mayo, the Court invalidated a patent for determining the proper dosage of naturally occurring metabolites to treat autoimmune disorders. In Myriad Genetics, the Court invalidated a patent on a gene sequence that could be used to detect elevated risks of breast and ovarian cancer.

The third case, Alice, involved a patent on a computer system to manage risk in escrow arrangements. The Court struck down the patent on the ground that it was directed toward an unpatentable “abstract idea” — managing risk through third-party escrow — and that the act of implementing that idea through a computerized process did not transform the idea into patentable subject matter.

These cases have potentially significant consequences for drug and software patents. If treatments derived from natural processes cannot be patented, life sciences companies may find their intellectual property rights sharply curtailed. Already we’re seeing lower courts move in this direction, with a recent case out of California casting doubt on the ability of dietary supplement companies to patent any of their products. And if software patents for business methods like third-party escrow are wholesale invalid, business software developers may turn their attention to other products.


What is noteworthy here is that every single opponent of PTAB is also well known as a proponent of patent trolls. This itself should serve as a clue to SCOTUS Justices.

Recent Techrights' Posts

Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
 
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026
IBM Down to $211.20, the Market in General is Up
No recovery for IBM today
UEFI 'Secure Boot' Still Not Secure in 2026, New Holes (or Bypasses) Still Being Found
In 2026 there are still many people who call it "secure" and pretend to themselves that it is about security. It's not. It never was.
Gemini Links 15/07/2026: Lab 6, Retrospective 2, and "Getting Back Into Gemini"
Links for the day
Links 15/07/2026: "Gianni Infantino Under Fire" and "Todd Blanche's Record Raises Alarming Questions About the Future of the US DOJ"
Links for the day
Allegedly More IBM RAs (Mass Layoffs) Same Day the Stock Crashed
No paper trail, so it never happened, right?
Techrights Was Right: Microsoft's Layoffs Tally Was False, Far More People Are Being Sacked
"The Xbox Bloodbath Is Actually Way Bigger Than It Seems"
Get Ready for Increase in PIPs and RAs at IBM, Red Hat, and Other Companies Devoured by IBM
IBM's "market cap" has just fallen to 199 billion dollars and it has about 70 billion dollars in debt
IBM Sinking to Lowest Levels Since 2024, But Will Any Executives Be Arrested for Securities Fraud?
52-week high of $332.46 and now down to $212.94
Microsoft Whistleblowers Say "The Entire Thing is Going to Fall Apart" and There Are "No Benefits" to Being Part of Microsoft
"Multiple sources, who chose to remain anonymous for fear of reprisal"
IBM's Crash Continues Today
Stocks go up and down, but they don't typically go down by over 25% in a single day
Like Kyndryl, Multiple Securities Fraud Investigations Into IBM
Remember what happened to Kyndryl
How Long Before GNU/Linux is Measured at 20% in Chad?
The main way to get people to adopt Vista 11 is to sell them a new PCs and in poor countries it happens a lot less
Making Techrights Faster Down Under (Australia and New Zealand)
there's more to life than speed
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026