Bonum Certa Men Certa

More High-Profile Briefs Explain to the US Supreme Court Why PTAB is Desirable and Must be Defended

We shall soon find out where Gorsuch (top right) stands on patent issues

US Supreme Court
Latest official photo of the US Supreme Court
In yesterday's news (regarding Gorsuch): The Supreme Court Has An Ethics Problem



Summary: Various public interest groups including the Internet Association and KEI add to the growing pile of documents in favour of AIA/PTAB/IPRs (the ability to review granted patents and revoke them)

THE USPTO ought to know that PTAB can help its legitimacy. How so? Well, by crossing out wrongly-granted patents it helps give an impression of better (and almost independent) quality control. It's like the appeal boards at the EPO (what's left of them anyway). Accordingly, people who invested in US patents should be happy. Unless their patents are bogus ones, their perceived value will increase. The reputation of US patents can improve. Everyone wins here, except patent trolls who possess bogus patents.

"The reputation of US patents can improve."Yesterday we wrote about the EFF and CCIA speaking out in support of PTAB. They wrote long documents (still called "briefs" for historical reasons) to the US Supreme Court, which we expect to cement PTAB's position a few months from now. Seeing the sorts of briefs that get filed, we are pretty certain and confident that the Supremes will do the right thing.

Yesterday, another reminder of the importance of PTAB got published:

This stupid patent was going to be used to sue hundreds of small businesses



The Electronic Frontier Foundation's most recent "Stupid Patent of the Month" highlights the importance of IPRs—patent reviews that can knock out bad patents quickly and relatively cheaply.

US Patent No. 6,738,155 was originally filed in 1999 and assigned to the Banta Corporation, a provider of printing and supply chain management services. Banta was acquired by R.R. Donnelly in 2006, and R.R. Donnelly handed off the '155 patent to a patent-holding company called CTP Innovations in 2013. More correctly, Donnelly tried to hand off the patent—more on that in a bit.

The patent claims to cover a "printing and publishing system" that uses "a communication network." Amazing, right? But in 1999, it was very easy to get software patents.


PTAB is especially valuable in such scenarios. PTAB IPRs are generally affordable and they help stop serial abusers or trolls who target small businesses.

Belatedly, even Dennis Crouch writes about briefs in support for PTAB (which he himself attacked a lot, especially a couple of months back). He has taken stock again and posted a summary which includes:

The final group of amicus briefs were filed this past week in Oil States v. Greene’s Energy — This round supporting the Government’s position that Inter Partes Review (IPR) proceedings are consistent with the US Constitution.

As per usual, the briefs are largely divisible into two categories: (1) direct merits arguments focusing on congressional power to enact the IPR regime; and (2) policy briefs arguing that IPRs do important work. I’ll note here that the focus of the policy briefs is on efficient and timely adjudication. I have not seen any of the briefs so far that recognize the third reality – that the PTAB is invaliding patents that would have been upheld by a court. For some reason amicus consider it appropriate to identify court failures in efficiency but not to identify failures in the substantive decisionmaking. The closest on-point is likely Apple’s Brief which promotes the “well-informed and correct” outcomes of the PTAB. 16-712bsacAppleInc.

Overall, the collection of briefs here is quite strong. The most compelling brief in my view is that filed by the well-known team of Duffy and Dabney on behalf of several groups, including the Internet Association.

[...]

Following these policy arguments, the not-for-profit org KEI particularly explains how the top-side briefs incorrectly argue that the IPR system harms national innovation and wealth. KEI’s point is irrefutable – allowing enforcement of no-invention patents doesn’t help anyone.


This is good news. There are even compelling arguments there which apparently convinced Crouch, a PTAB critic/sceptic. Will the Justices too 'get' it? We certainly hope so.

"As we said last month, PTAB is now supported by large corporations, the US Congress, high (Federal) courts and is mostly opposed by patent trolls and their lobby (the litigation 'industry')."Yesterday we mentioned the article from Sunita Adluri of McDermott Will & Emery. She mentioned yet another example of PTAB protecting a relatively (relative to Cisco) small company and her article keeps spreading. Yesterday IAM also published this article of Warner Joseph Delaune from Baker Donelson. He wrote about a "scam" (or "sham" as a judge called it) against PTAB and took note of likely Congressional action in support of PTAB:

Some members of Congress are concerned that tribal sovereign immunity is being exploited, and a new bill has been introduced which prevents tribes from asserting sovereign immunity in inter partes reviews. In her statement to a pharmaceutical group, Senator Claire McCaskill said that "this is one of the most brazen and absurd loopholes I've ever seen, and it should be illegal". McCaskill's bill simply states that "notwithstanding any other provision of law, an Indian tribe may not assert sovereign immunity as a defense in a review that is conducted under chapter 31 of title 35, United States Code".


We certainly hope that McCaskill will pursue this as far as possible. As we said last month, PTAB is now supported by small and large corporations, the US Congress, high (Federal) courts and is mostly opposed by patent trolls and their lobby (the litigation 'industry'). Whose side will the Supremes take? It seems like an easy choice.

Recent Techrights' Posts

Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
 
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day