Bonum Certa Men Certa

Patent Trial and Appeal Board (PTAB) Under Attack by the Patent Trolls' Lobby Ahead of Congressional Intervention

Bryson on IPRs
Judge Bryson on Inter Partes Reviews (IPRs)



Summary: Tribal immunity is being misused by patent predators -- a serious issue which has come under profound scrutiny; those who profit from extreme litigation, however, hope that such immunity can undermine PTAB altogether

THERE is going to be a hearing today (background here) regarding PTAB and immunity from it. The PTAB bashers have not forgotten and one of them has just said that "PTAB Request Amicus Support for its Decision on Immunity". To quote:



In what appears to be a first, the Patent Trial & Appeal Board (PTAB) has requested briefing from Amacus Curie on the question of whether Tribal Ownership of a patent immunizes the patent from Inter Partes Review (IPR) challenge. The case is Mylan v. Saint Regis Mohawk Tribe, IPR2016-01127 et al.


We suppose that the US Congress will put an end to this thing, which many called a "scam" and a US judge recently called a "sham".

"We suppose that the US Congress will put an end to this thing, which many called a "scam" and a US judge recerntly called a "sham"."Meanwhile, Watchtroll keeps attacking (yes, this week also) companies that support PTAB by calling them "efficient infringers" (second time it calls Facebook that). PTAB bashing can also be seen in Twitter. This one jokes that "PTAB admits didnt bother checking claims in original patent decision to see if matched "abstract idea" : https://anticipat.com/research?id=93251 … farce?"

It cites the anti-PTAB Anticipat. What's worth noting is that all the above are proponents of patent trolls. They just cannot stand the idea of quality control or extra hurdles that assure patent quality/justice. We expect that to further intensify in the coming months as they attempt to influence the decision of the Supreme Court.

"What's worth noting is that all the above are proponents of patent trolls."Speaking of PTAB bashing, ITC has earned a lot of negative publicity for disregarding PTAB rulings as though ITC is above the law itsef. It helped Cisco embargo its competition using patents that PTAB had already found to be invalid and there's this new article about it and it says: "In Cisco Systems, Inc. v. ITC, No. 16-2563 (Fed. Cir. Sept. 28, 2017), the Federal Circuit affirmed the Commission’s exclusion order entered in Certain Network Devices, Related Software and Components Thereof (I), Inv. No. 337-TA-944.

"In the 944 investigation, Cisco filed a complaint asserting that Arista infringed five of its patents. ALJ Shaw found that Arista infringed three of the five patents at issue, and the Commission affirmed. Both parties appealed, and the Federal Circuit affirmed the ITC’s determination. The Court agreed with the Commission’s claim construction and concluded that it had made the necessary findings."

"The country needs to foster science and technology, not trolls and scammers."What we then have is the pretense that software patents are "a combination of hardware and software" -- a very common but disingenuous tactic. To quote the closing words: "When an asserted patent covers a combination of hardware and software, the ITC can enter an exclusion order against hardware components imported by a respondent that are specifically designed to be combined with software in the United States."

ITC deserves a serious legitimacy crisis if it continues to refuse to obey/respect PTAB's decisions, leaping to embargoes before justice is done (or after it's done but in defiance of it).

We certainly hope that US politicians and judges (even Justices) will see how absurd a situation it is and who benefits from it. The country needs to foster science and technology, not trolls and scammers.

Recent Techrights' Posts

Linux is Already Dominant (Android), Let's Make GNU/Linux Dominant in Desktops/Laptops as Well
"Dr. Stallman recently warned everybody about Microsoft."
The Leaks Were Right: Mass Layoffs at Microsoft in May, Then Another Wave in June
Just as we've been saying for over a month
Last Article From Australia's Sam Varghese Was a Year Ago and It Covered the Release of Julian Assange, Who Will Apparently Come Back as 'Politician'
It'll soon be exactly 12 months
 
Slopwatch: Linux FUD From Slopfarms, Blaming Linux for Microsoft Issues; Even WebProNews Has Become a Slopfarm (Googlebombing "Linux" With Slop Images and Fake/Plagiarised Text)
The Web is really getting bad; it's also overwhelmed by fake material or plagiarised material, wherein the plagiarism gets disguised/hidden by LLM sausage factories
Links 03/06/2025: Tiananmen Square Massacre Censorship and Growing Military Activities Around Taiwan
Links for the day
The Loyalty to Microsoft and the Salaries From Microsoft (Funding SLAPPs Against Techrights and Tux Machines)
Garrett always knows better. He knows everything best.
Windows Falls in Italy as GNU/Linux Jumps to 5%
Italy knows a thing or two about digital autonomy
Nigeria is All Android and Google
Windows down to almost nothing in Africa's largest population
Mass Layoffs at Microsoft (Second Wave) Not Limited to Redmond
"More layoffs at Microsoft as axe falls in Washington and California"
Gemini Links 03/06/2025: Forth System and "Common Lisp is a Dumpster"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 02, 2025
IRC logs for Monday, June 02, 2025
Hungary Seems Hungry for Linux
Windows down by a lot
Like in Europe, Bad News for Microsoft in US and Canada
If it loses those "regions", then what's left?
About 8 Waves of Mass Layoffs at Microsoft in 2025 (in Less Than 5 Months), Now Vista 11 "Market Share" Decreases
Really bad news for shareholders of Microsoft
statCounter Sees Bing "Share" Falling Over 0.5% in One Month, Now Lower Than Before the ChatGPT/Bing Chat Hype
Bing has been part of the mass layoffs for quite some time
After Microsoft's Bankruptcy in Russia Android (Linux) Will Dominate Asia Completely
Windows probably peaked in "XP" or "2000"
Microsoft's Demise is a Global Phenomenon
mass layoffs justified using mindless buzzwords
All-Time Highs for GNU/Linux in EU and the UK, All-Time Lows for Microsoft
Combining ChromeOS and GNU/Linux, it adds up to and almost reaches 6%
India: Windows Falls to 50% in Desktops/Laptops and 8% Overall
laptops/desktops fell to 16% of the whole
statCounter: GNU/Linux Up to 4.7% "Market Share" This Month
30,000 Microsoft jobs may be eliminated by year's end
Microsoft is in Trouble and Microsofters Know It
"I've been happy on Win 3.11 for years."
[Video] New Introduction to Richard Stallman's Contributions Including GNU Emacs, GNU/Linux, and Software Freedom
from the channel previously bullied for supporting RMS
Links 02/06/2025: South Korea to Vote, Russia Blitzed From Within
Links for the day
Links 02/06/2025: Political Leftovers, DRM, and Patents
Links for the day
Links 02/06/2025: Microsoft Spins Layoffs as "Slop", Frontier Settles Lawsuit
Links for the day
When You Publicly Boast About Wanting to Violently Attack People (Even Colleagues) Finding a Job Will Prove Difficult
there's a lesson to be learned here
The Web We Lost, the Information Lost Due to Microsoft's Attacks on Companies Like Yahoo! (Before the LLM Slop Frenzy)
When it comes to news sites, what can we say?
Covering Corruption in Poland, Including a War on Science (Due to Bad Politicians)
What we're about to show is that skilled and experienced scientists in Poland are besieged by bureaucrats
Gemini Links 02/06/2025: "Star Wars Day" and "Security Day"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 01, 2025
IRC logs for Sunday, June 01, 2025
The Openwashing Shills Initiative (OSI) - Part II: Lying to the IRS is a Big Issue
The OSI of today pretends to be something that it is not
Bloodlust and Love of Blades (Fascination With Murder) Nothing New Among Microsofters
Violence is not a joke and no group is magically entitled to make such "jokes"
Links 01/06/2025: Bird Flu, Food Price Inflation, and Growing US-China Hostilities
Links for the day
Links 01/06/2025: "Vibe Coding" Turns Out to be a Fraud and Amazon Merits Boycott, Argue Bloggers
Links for the day
Gemini Links 01/06/2025: "Stardust" and Ideal PC Setup
Links for the day
Links 01/06/2025: Windows TCO, Openwashing, "It's FOSS" Still Promoting Microsoft
Links for the day
Gemini Links 01/06/2025: Simplification and Networks Everywhere
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 31, 2025
IRC logs for Saturday, May 31, 2025