Bonum Certa Men Certa

Patent Trial and Appeal Board (PTAB) Foes Manipulate the Facts to Belittle the Impact of PTAB



Bulb



Summary: In an effort to sabotage PTAB with its inter partes reviews the patent microcosm is organising one-sided events that slam PTAB's legitimacy and misrepresent statistics

THE Patent Trial and Appeal Board (PTAB) is loved by everyone except those whose entire business [sic] model is litigation. This isn't exactly surprising and hopefully the Justices have already grasped that. In a matter of months they will likely cement PTAB's role in the USPTO.



The patent 'industry' isn't happy. It's not supposed to be happy. It's a parasite.

A short while ago Managing IP published "Michael Shore vows to “take a wrecking ball to the IPR system”" -- an article in which Michael Shore, an architect of a "scam" or a "sham" (he schemed to misuse tribal immunity), is portrayed as anything but a con artist. Speaking to the aggressors and sharks at IP Dealmakers Forum, he thinks this behaviour of his is normal and acceptable:

The lawyer behind Allergan’s controversial transfer of patents to a Native American tribe said at the IP Dealmakers Forum that other companies are “lining up to do deals” and that universities’ endowment funds are interested in getting involved. Shore outlined why he believed these types of deals are here to stay


It's one of those echo chamber-type events. It's stacked/loaded with PTAB foes. These people aren't doing so well. Their business is certainly diminishing. It looks, for example, like a lot of IAM staff left quite recently. About half the names (of writers) are gone in just a matter of months. Is this patent trolls' lobby dying with the trolls?

Yesterday, Fenwick & West, proponents of software patents in the US and elsewhere, braced hands with the patent trolls' lobby (IAM et al) in this PTAB-bashing article which is based on an IAM event. To quote: "So we see some evidence supporting both sides of the argument. But that doesn’t mean we should give up on trying to draw meaningful conclusions from these facts. Many factors go into a bull or bear market, whether in the technology sector or otherwise. Even if the investors speaking at the IAM 2017 conference provide only anecdotal evidence, still it is evidence that is directly relevant to the issue at hand: whether the threat of narrowed patent protection drives investment away from the U.S. The views expressed by the IAM 2017 investor speakers seem intuitively reasonable."

IAM would cherry-pick what suits its funders and target audience, i.e. patent predators.

Statistics actually do matter (contrary to the headline, "Did you hear about the statistician who drowned in a lake with an average depth of two feet?") and they suggest growth for PTAB, little success for patents on software and so on.

It's not about belief and prayers as these would not improve one's chances in litigation.

Earlier today saw Rothwell, Figg, Ernst & Manbeck, PC (Jenny L. Colgate and Eric Blatt as the writers) commenting on PTAB in relation to the patent troll Uniloc. This troll lost its software patents very recently. Here is what they wrote: "A petitioner in an inter partes review may request to cancel as unpatentable one or more claims only on a ground that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications. This is expressly set forth in the statute, 35 U.S.C. €§ 311(b). Notwithstanding this limitation, there are creative ways to bring other challenges, such as written description challenges under 35 U.S.C. €§ 112, €¶ 1, before the Patent Trial and Appeal Board (“PTAB”). And there are good reasons for doing so. Notably, PTAB judges, unlike district court judges that would otherwise preside over €§ 112, €¶ 1 arguments, have technical expertise—and in some cases, prior patent prosecution experience—and, consequently, are typically more receptive to hyper-technical arguments. [...] In Uniloc, the Petitioners (Sega et al.) had challenged the claims of U.S. Patent No. 5,490,216 (“the ’216 Patent”) as being anticipated by U.S. Patent No. 5,509,070 (“Schull”). Because Schull had an effective prior art date later than the provisional applications to which the ’216 Patent claimed priority, the Petitioners’ anticipation theory could only prevail if the Petitioners were successful in defeating the priority claim to the provisional applications. The Petitioners did not, however, present a conventional €§ 112, €¶ 1 argument that the claim elements were not disclosed in the provisional applications. Instead, the Petitioners argued that a claim recitation calling for a “unique ID generating means” was properly interpreted as a MPF limitation under €§ 112, €¶ 6, and that the provisional applications merely disclosed the claimed function and did not describe the structure (i.e., an algorithm) for performing that function. The PTAB and the Federal Circuit agreed with the Petitioners’ analysis, and held that the priority claim was ineffective because the priority documents did not comply with the requirements of €§ 112, €¶ 6."

PTAB and the Federal Circuit have both, in this case, put an end to the troll's weapon. This is exactly why the patent 'industry' is so angry at PTAB and Dennis Crouch, a closeted supporter of trolls, carried on with his PTAB bashing earlier today when he cherry-picked yet another patentability affirmation (those are in the clear minority). "The PTAB instituted review," he said, "but ultimately affirmed patentability of the claims – although with a changed claim construction in the final decision."

Don't be misled. Like the aforementioned IAM propaganda, what they try -- and maybe succeed at doing -- is tilt the expectation of patents being upheld as valid.

Recent Techrights' Posts

Web Browsers Are for Rendering Web Page, They Shouldn't Become PDF Editors
Linus Torvalds is quickly learning and speaking about this
 
A Lot of Fake News About Microsoft's LinkedIn Today, Some Comes From Slopfarms, Some Relies on Those Slopfarms
As usual, slopfarms make the Web a huge pile of garbage
IBM's Kyndryl is Circling Down the Drain, Say Kyndryl Insiders
"IBM Dinosaurs who were recycled and catapulted into the orange trash heap by IBM"
A Lot of Coverage Adding Hype Factor to Slop Bug Reports... is Made by LLM Slop
Local Privilege Escalation [...] the slop motivates some actual people to keep writing about it
Links 20/05/2026: Mass Layoffs at NPR (Bought by the Ballmers and Bill Epsteingate), Starbucks Korea CEO Fired Over ‘Tank Day’ Ad
Links for the day
Gemini Links 20/05/2026: Advantage of CD Collections, Geminaut's View of Nostr, and SSL / TLS Certificates
Links for the day
IBM is Becoming a Pile of Expired Patents and Abandoned Buildings, Assets of Little Actual Value
Having laid off a ton of people, borrowed lots of money to fake growth (by acquisition), and sent some jobs to low-paid regions where innovation isn't done
Links 20/05/2026: Looting of Americans for "White Grievance Reparations Fund"; "Mark Zuckerberg Used Shell Companies to Bully Native Hawaiians"
Links for the day
SLAPP Censorship - Part 82 Out of 200: British Government Intervenes in the SLAPPs by Brett Wilson LLP
At this stage our matters are dealt with by a layer below that of the Prime Minister (adjacent to it)
LinkedIn Communications Reveal That LinkedIn - Like GitHub - Will Vanish Inside the Belly of Microsoft
This is definitely going to happen.
In Wall Street, Financial Difficulties Drive Shares Up
Wall Street doesn't work that way
The Corrupt Lecture the Non-Corrupt - Part XXVIII - European Patent Office (EPO) Guidebook Says Report Crimes Committed on EPO Premises. Some Did, But President Campinos Covers up for the Culprits.
The staff has long been on strike and the union (SUEPO) organised an enhanced day of action just two days ago
Gemini Links 20/05/2026: Fall of an Empire, "High Tech is a Social Exercise", and Big Cameras
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 19, 2026
IRC logs for Tuesday, May 19, 2026
LinkedIn Layoffs at Microsoft: Probably Well More Than 5% of Staff
In short, it's difficult to believe only 5% are impacted
It's Not Just a Widespread Theory, It's Apparently a Verified Fact: Home Appliances Not Made to Last Long
Washing machine repair man asserts that the machines sold a decade ago could maybe last a decade; now they last barely 5 years.
Torvalds Capitulated on Rust and Slop, Now He's Paying the Price
they are pushing Microsoft and slop for grifters and scammers
Whistleblowers Needed: We Are Seeing Many Layoffs in Red Hat (Not Just in China), We Want to Know More
Last week we learned about some people who said they had left Red Hat or are leaving Red Hat
Links 19/05/2026: More Obituaries for Peter G. Neumann, Taiwan Abandoned by Cheeto House for Don's Personal Gain
Links for the day
Links 19/05/2026: Online 'Storage' (Surveillance) Accounts Lower Thresholds (Gmail, Google Drive, and Google Photos), Slop Debacles Expand (False Promises Made to Staff Regarding Compensation)
Links for the day
SLAPP Censorship - Part 81 Out of 200: SLAPP Censorship Does Not Work If Your Sole Strategy is Revenge (and You Attack the Family)
Both yours and others'
Techrights at 20 (Soon)
It does not seek popularity or affirmation from "Establishment" outlets
We Pay More for Less, for Things That Last Less Time and Are Almost Impossible to Repair
Ever noticed how "modern" or "smart" TVs come with dumber and dumber (worse) controllers?
Vista 11 Turns 5 in a Couple of Months. Not Many People Use It.
It is the only supported version of Windows; many people move elsewhere
Head of GitHub Recently Left, Microsoft Need No Longer Report Mass Layoffs There (User Activity is Declining)
We've long said that LinkedIn and GitHub, which Microsoft bought, would likely end up like Skype
The Slop Bubble is Already Bursting
Slop is not desirable and the general public is growingly impatient, seeing that slop has improved nothing for them
Gemini Links 19/05/2026: Reliable Old Tech, Collection of Essays
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXVII - European Patent Office (EPO) Became a "Toxic Work Environment" When Cocaine Addicts Put in Charge
They are putting at risk colleagues by abusing them
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 18, 2026
IRC logs for Monday, May 18, 2026
Links 18/05/2026: Slop-induced Shortages, Solicitors Regulation Authority Says It's Unable to Deal With Complaints Load (So Regulation Does Not Really Exist)
Links for the day
Gemini Links 18/05/2026: Ghost Essay and World Wide Web Considered Broken
Links for the day
Cooperation and Collaboration, on a More Personal Level
Rianne, to me, isn't just a wife; she is also my best friend
IBM Has Payroll Problems (Just Like Microsoft)
It's a good thing that many nations around the world are, accordingly if not proactively, divesting from GAFAM
Links 18/05/2026: 25 Years of OLDaily and Dangers of "Living With Too Much Tech"
Links for the day
Trips to London
London isn't a bad place, but it's a long journey and we'd rather stay in Manchester and write about technology
SLAPP Censorship - Part 80 Out of 200: Having Run Out of Time to Meet a Judge's Deadline, Microsoft's Graveley Had Garrett's Lawyers Argued My ~190-Page Defence and CounterClaim (DCC) Was Unclear About My Position
Nothing could be further from the truth
Working in the Shell (and Fish)
Yesterday we spent about 5 hours on the shells and fish
The Corrupt Lecture the Non-Corrupt - Part XXVI - Campinos Has Put Unfit-for-Employment Drug Addicts in Charge of the European Patent Office (EPO)
How many months has Campinos got left before the delegates show him the door?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 17, 2026
IRC logs for Sunday, May 17, 2026
Gemini Links 18/05/2026: Poetry, Sauna, and GNU Taler
Links for the day