Bonum Certa Men Certa

Support for PTAB is Growing and US Congress Will Tackle Native American Tribes' Misuse of Immunity in Two Days

The relevant subcommittee is led by Darrell Issa of California

Darrell Issa Photo in the public domain, via Wikipedia



Summary: The Patent Trial and Appeal Board (PTAB), which is responsible for eliminating patents that should not have been granted by the USPTO, will receive additional support from US politicians (the House Judiciary Committee), who 3 days ago said that they would address attempts to dodge scrutiny

THE improvement in the US has seen the climate of patent litigation coming to a standstill. Many companies no longer bother suing (unless they're certain their patents are strong and defensible).



The other day Joe Mullin wrote about the EFF's success story after the EFF had written a post about it (on Halloween). It's a success story for PTAB too, as an inter partes review (IPRs) affirmed the EFF's assertion that the patent had been wrongly granted. To quote:

Even spookier than a Halloween costume is a patent that just won't die.

But it looks like a once-scary patent—Personal Audio LLC's ridiculous claim to own podcasting—is finally gone. Personal Audio has been making headlines for years now, especially after it started threatening podcasters and became the target of an EFF crowdfunding campaign to raise funds to knock it out.

EFF used that money to file an "inter partes review" at the US Patent Office, which knocked out the patent in 2015.


Inter partes reviews don't always result in invalidation. There's a panel of experts (technical people) and a judge deciding on such matters.

FatPipe, which was mentioned here a couple of weeks ago in relation to PTAB, is an "inventor and holder of multiple patents for software-defined networks," by its own description. Over the past week it spent a lot of money to disseminate this press release across many sites (e.g. [1, 2, 3]) only to say that a patent was upheld. The summary says:

Key Claim covers multi-line session and packet load balancing, over disparate networks, one of the main aspects of SD-WAN


What is good about this case is that it helps debunk accusations that patents are just being thrown away without proper assessment. That's simply not true and various firms spend money dissemination all sorts of press releases bragging about new patents and a total number of patents. Not all press releases are marked as such; IP Pro Patents, for instance, a site we habitually name for dodgy behaviour, has just published this marketing spam for Fish & Richardson (a firm often involved in patent trolls' cases). It's a great example of articles that aren't. Either way, PTAB is becoming a hotly-debated subject (almost more so than court cases) and it's expected that the US Congress will soon take action in support of PTAB. This was futher reaffirmed by Jan Wolfe (Reuters) on November 2nd [1, 2, 3]. He wrote a report to say this:

A U.S. House of Representatives subcommittee on Thursday called a Nov. 7 hearing on the legitimacy of an agreement between drugmaker Allergan Plc and a Native American tribe intended to shield patents from administrative review.

The House Judiciary Committee's subcommittee on intellectual property, chaired by Republican Representative Darrell Issa of California, said in a statement that the hearing would include testimony from four experts on patent law, including a former in-house attorney at drug company Johnson & Johnson and a lawyer with a trade group representing the software industry.

An Allergan spokesman declined to comment on whether the company would send any executives to the hearing.



This was later covered by another high-profile site, bearing the headline "House committee to hold hearing on patent rights for Native American tribes" and stating:

The hearing has become necessary after a drug company named Allergan [corporate website] entered into a contract with the St. Regis Mohawk Tribe [official website] in which Allergan transferred a number of patents to the tribe in exchange for an exclusive license for the patents. The tribe then claimed that due to its sovereign immunity, the US Patent & Trademark Office [official website] has no jurisdiction to hold inter partes review (IPR) hearings against the patents. The IPR hearings are used to invalidate patents. Allergan is also filing lawsuits against competitors for violating the same patents that cannot be invalidated by the IPR hearings. SRC Labs LLC has also transferred patents to the same tribe and are suing Amazon and Microsoft for violating those patents.

[...]

Chairman Goodlatte has stated that the hearing is necessary to ensure the patent system protects and promotes American innovation. Subcommittee Chairman Issa stated the hearing is important to ensure that sovereign immunity is not being used to "game" the system to shield patents from checks and balances.


This is very good. Congress, judges and even large companies support PTAB. Soon it will be the Supreme Court (we hope). The EFF's Vera Ranieri commented on the CCIA's submission to the Supreme Court (in support of PTAB, obviously). She said: "I'm really interested to read @CCIA's Oil States amicus, written by John Duffy. Section II is an interesting and intriguing take" (there's a screenshot there).

From the official statement of CCIA: (via)

The Computer & Communications Industry Association joined a Supreme Court amicus brief filed Monday evening in a patent case that is being closely watched by the thousands of companies sued every year by those abusing the patent system.

The case will determine whether inter partes review (IPR) is constitutional. CCIA and others believe IPR is a crucial tool to fight poor quality patents, which are often used in abusive litigation.

For additional information, please see CCIA Patent Counsel Josh Landau’s blog post today.


We mentioned it before, in conjunction to the one important submission from the EFF. With such widespread and bipartisan support for PTAB we expect Justices to see that opposition to PTAB comes mainly from the litigation 'industry' and the patent trolls' lobby.

Recent Techrights' Posts

They Don't Tell Us that 'Digitalisation' (Now Sold as "Hey Hi") Just Means Customers Become Unpaid Staff and Are Made Accountable
People are being conditioned to associate technology with something undesirable, at times even unbearable
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
 
Gemini Links 22/07/2025: Thinkpad and Pinephone
Links for the day
Links 22/07/2025: "Blog Restart" and Microsoft Clobbered by “ToolShell"
Links for the day
Global Warming and Global GAFAM Energy-Wasting
Burn more money (borrowed, loans), then hope the waste will somehow translate into profit?
No Compliance With the European Patent Convention (EPC) at the European Patent Office (EPO)
It's about preventing competition against this autocracy
Blue-Collar Trolls vs White-Collar Trolls
Examples of white-collar trolls
Apple Vision Pro Failed So Badly That Its Sales Are About 2,000 Times Smaller Than iPhone Sales
What's left for Apple to offer other than hype?
To Millions of People "Year of the Linux Desktop" Was Some Time in the 1990s (Bootable GNU/Linux as a Complete Operating System is Over 33 in Age)
In some sense, "year of the Linux desktop" was 33 years ago
Make No Assumptions (or Demands) About the Screen Resolution Used by Other People
There are usability aspects, aside from accessibility aspects
Why Wayland (and XWayland) Won't Solve the Key Problem It Proclaims to be Tackling (the Same Is True for Rust)
The problem isn't Wayland per se but the false promises and efforts to force everybody to move to it whilst insulting or demonising everyone who won't play along
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025