Bonum Certa Men Certa

PTAB Squashes Patent Trolls So the Patent Trolls' Lobby is Attacking PTAB on a Daily Basis

Watchtroll even calls people who petition PTAB a "cartel", having already called PTAB staff impotent

PTAB impotence



Summary: Ferocious attacks on the Patent Trial and Appeal Board (PTAB) are intensifying because the Board is reaching all-time highs, which causes panic in circles that profit from low-quality (and typically invalid) patents

THE previous post noted that there are attacks on the appeal board (PTAB) of the USPTO. Those who are against patent quality always loathed PTAB. It's not a surprise; it's what we should expect.



A couple of days ago the patent of a troll (Leigh M. Rothschild) was said to be in trouble after a petition had been filed at PTAB. To quote Unified Patents:

On January 4, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims in an IPR filed by Unified against U.S. Patent 8,799,088, owned and asserted by Rothschild Biometric Systems, LLC and SRR Patent Holdings, LLC, a Leigh M. Rothschild entity and well-known NPE. The '088 Patent, directed to a system and method for verifying user identity information in financial transactions, was previously asserted in district court litigation against USAA Savings Bank.


There's also this one from last month (against another troll, Uniloc):

On December 11, 2017, Unified filed a petition for inter partes review (IPR) against U.S. Patent 7,092,671 owned and asserted by Uniloc Luxembourg, S.A. and Uniloc USA (collectively "Uniloc"), a well-known NPE responsible for filing 95 new patent litigations since January 2017. The '671 patent, directed to a "system where a user’s handheld computer could automatically dial a telephone number stored in its memory by interacting with a telephone" has been asserted in district court against Apple and Samsung.


It should be noted that PTAB often intercepts legal actions (or threats) from patent trolls, so it's not surprising that foes of PTAB are typically trolls and their lawyers (sometimes the lawyers themselves are the trolls).

Apologists of trolls, such as this one, noted that "PTAB Denied IPR of a Patent that Had Been Challenged in 3 Prior IPRs with the Same Art!!: https://dlbjbjzgnk95t.cloudfront.net/0998000/998478/ipr2017-01780_institution_decision_8.pdf …"

So what? Maybe it's just a very bad patent. No scandal here.

Another one wrote: "There should be a rule 11 equivalent remedy to respondents in instances where IPR is not instituted. Fees and costs should automatically shift."

"More lawyers should be disbarred for pursuing bogus patents, e.g. software patents using loopholes, in the first place," I told him. These people are doing anything they can to stop PTAB not because they support science and technology; they're in the patent 'industry'. PTAB is very disruptive to the patent 'industry'.

How about patents on life? Ending this lunacy may take some time and PTAB seems like a step in the right direction:

Monsanto 1/5/2017. inter partes reexamination. U.S. Pat. No. 7,790,953 on "two step process for crossing (mating) two parent soybean lines to produce soybean seeds with a modified fatty acid profile." HELD: claims anticipated or obvious.


There's also this:

Monsanto v DuPont FedCir 1/5/18: 1st precedential patent dec'n of 2018! Circuit affirms PTAB's inter partes reexam decision. M's claims inherently anticipated based on prior art reference plus a non-prior declaration interpreting it. Claim 2 also obvious over same reference.


They're fighting over patents on life.

Let's remember that even large targets of PTAB petitions, such as Cisco, openly and broadly support PTAB. We recently wrote about this in relation to the Arista dispute, which involves PTAB and the ITC (the ITC basically refuses to respect/obey PTAB judgments). The latest on this case [1, 2] is now pertaining to copyrights, not just patents:

Software Freedom Conservancy is pleased to announce that it has joined GitHub, Mozilla Corporation, and Engine Advocacy, in an amicus brief for the Cisco v. Arista case. In the brief, we argue against extending copyright law unduly to ideas and functionality embodied in software — namely, that imitating command-line interfaces should not alone constitute copyright infringement.

The case, which Cisco appealed to the U.S. Court of Appeals for the Federal Circuit, considers whether a defense called “scènes à faire” should allow Arista Networks, Inc. to create a command-line interface that operates similarly to an interface developed by Cisco Systems, Inc. The lower court found, in a jury trial, that the defense was appropriate. Now, Cisco challenges that finding as a legal matter in their appeal.


What's noteworthy about Cisco v Arista is that here we have Cisco's patents being challenged -- and likely invalidated -- by PTAB (after Arista filed a petition). And nevertheless Cisco supports PTAB. We can think of not a single large technology company that opposes PTAB. In fact, small technology companies also support PTAB.

So why the fuss over PTAB? Because of the patent 'industry', notably trolls and lawyers (overlapping occupations at times).

A few days ago Watchtroll was trying to influence the Supreme Court by commenting on Oil States (regarding patents being challenged in PTAB IPRs). It resorted to lunatic theories of the fringe right and said: "If the court departs from the fundamental issues of private property, separation of powers and due process concerning patents and inventions, it won’t be for lack of clear-eyed, prudential, principled thinking and direction readily at hand."

Patents are not a "property", PTAB is separated from examination, and there is due process (including potential appeal to the Federal Circuit). So this whole argument is nonsensical. Watchtroll is just trying to publish an anti-PTAB article almost every day. On the same day it also said: "I predict that the United States Supreme Court will find post grant procedures under the America Invents Act to be unconstitutional."

No, it will not. Even the patent microcosm does not make such a prediction. It's broadly expected that the very opposite will occur. Watchtroll is at the fringe again, disconnected with reality as long as it suits its agenda. The following day, Joseph Robinson & Robert Schaffer wrote another PTAB-bashing piece in Watchtroll. Watchtroll is just bashing PTAB almost every single day (sometimes more than once a day) and the arguments don't add up. It also bashes HTIA, which supports PTAB on behalf of technology firms. Steve Brachmann is acting like Quinn's paid liar. He wrote this: "Further, the HTIA critiques the notion that the Supreme Court's decision in Alice has harmed the software industry by citing to data published by PwC which shows increased investment into software research & development in recent years."

To claim that "Alice has harmed the software industry" is simply a lie. The very opposite is true, but Steve Brachmann is just a writer, so his knowledge in this domain is nonexistent. He just serves his (pay)masters. Here he is (yesterday) calling people who challenge the validity of some patents the "efficient infringer cartel". What a toxic site. The "efficient infringer cartel’s use of the Patent Trial and Appeal Board (PTAB)," he said.

Earlier today Watchtroll continued the PTAB bashing, this time courtesy of Josh Malone. So even on a Sunday Watchtroll attacks PTAB. Is this all they'll produce in 2018?

Two days ago they wrote about a PTAB case that had been escalated to the higher court (CAFC) and obviously they emphasised Newman's dissent rather than the majority opinion. To quote:

On appeal Microsoft challenged the Board’s standard of review. The Federal Circuit reiterated that anticipation is a question of fact subject to substantial evidence review, that ultimate claim construction and claim construction relying solely on intrinsic evidence is subject to de novo review, and subsidiary factual findings based on extrinsic evidence are reviewed for substantial evidence.

[...]

Judge Newman dissented with the majority’s finding that the Kenoyer reference neither anticipated nor obviated the ‘182 patent. After performing a clause-by-clause review of claim 6, she argued that Figure 1 of Kenoyer discloses all of the elements of claim 6 and, thus, anticipates claim 6.

Further and in opposition to the majority’s view that Kenoyer presents “multiple, distinct teachings that the artisan might somehow combine to achieve the claimed invention,” she argued that the Kenoyer reference explicitly combines the limitations to provide the same conferencing system as in claim 6. Finally, she argued that the majority’s statement that “Microsoft fails to explain how a computer, especially the computer in Kenoyer, would receive broadcast, cable, or satellite television signals” was baseless because Biscotti does not provide an explanation and both Kenoyer and the ‘182 patent treat such signals as known technology.


The above serves to demonstrate that those who want to destroy PTAB have nothing to do with technology and everything to do with litigation. The pattern is very clear.

Here we have an aggressive law firm noting the increase in fees, which in turn makes PTAB less accessible, especially to small companies.

On January 16, 2018, the USPTO will increase its fees for inter partes reviews (IPR), post-grant reviews (PGR), and covered business method reviews (CBM). We updated Finnegan’s AIA Blog to reflect these new fees, which are also shown below. The base cost for an IPR increases from $23,000 to $30,500. Increases for PGR and CBM are more modest, but excess claims fees uniformly increase by 50% regardless of the proceeding type.


It certainly seems like USPTO Director Matal is trying to slow down PTAB. What's needed is the very opposite; they need to expand this 'court', add staff to it, and make it more affordable in order to improve patent quality.

Recent Techrights' Posts

Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
EPO Staff Can Go Listen to Richard Stallman Next Week in Munich (Technical University of Munich, Rudolf-Diesel Hörsaal (MW2001) on Campus Garching at 18:00)
"The talk is open to the public and attendance is free. Registration is not required."
At IBM, Relocation Means Layoffs (Downsizing)
Silent or 'invisible' layoffs?
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
Richard Stallman (RMS) Announced His Talk Less Than 24 Hours Before It Took Place and Still Filled Up the Auditorium at Sapienza Università di Roma
Photos from yesterday evening [...] It looks like it was a very successful event
 
The DDoS Attacks by Microsoft's Scam Altman and Other Slop Charlatans and Frauds is Hurting the FSF, Delinking It From Copyleft Projects
This impacts a lot more than access to the licences
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock
Many Developers Have Many Political Views, They'll Never Agree on Everything
It's an effort to divide and destroy, not build
Gemini Links 14/10/2025: An Opportunity to Consider GNU/Linux and Another Simple IRC Client
Links for the day
Slopwatch: UbuntuPIT, LinuxSecurity, Google News, and the Serial Slopper Brian Fagioli
Nothing of merit here, just more slop
Links 14/10/2025: Lack of Trust in Slop and "Retirement Challenges"
Links for the day
Rhonda D'Vine, Gerfried Fuchs, Pronouns & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Central Staff Committee of the European Patent Office (EPO) Warns That EPO Management is Robbing or Manipulating Pension Funds Again
Faking "growth" is just about as bad as forgery
Probably a Lot Worse Than LLM Slop: GNOME Tying Itself to Divisive Politics, Even Where It's Clearly Not Relevant
Something has gone terribly wrong in GNOME
Links 14/10/2025: Microsoft OneDrive Scanning Faces in Photos (Without Asking First), "OpenAI Says It Will Move to Allow Smut"
Links for the day
They Generally Don't Like Scholars, as They're Less Compelled or Pressured to Repeat What Corporations and Oligarchs Say
People who loathe scholars have an agenda in mind that, unlike that of reasonable people, revolves around controlling people
Belated New Article About Last Thursday's Lecture by Richard Stallman in Helsinki, Finland
there are good reasons to pay with cash, not limited to privacy
Attacking Richard Stallman Has Become 'Career Suicide'
If you're going to viciously attack somebody, make sure your arguments are rock-solid
Microsoft's Failing XBox Business Has Turned Games Into Funerals
How does it feel to depend on Microsoft?
Yesterday's "Distinguished Lecture" by Richard Stallman Possibly Attended by Close to 1,000 People
The capacity of the place is about 900
Slop Poisons Everything
Imagine wanting to find what Torvalds has just said or what has just been released
Taking Software Freedom 'Mainstream'
interest in Software Freedom must have grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 13, 2025
IRC logs for Monday, October 13, 2025
Gemini Links 14/10/2025: Ada Lovelace Day, Sony CLIE PEG-TG50 Review, Why to Avoid Network Solutions
Links for the day
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025