Bonum Certa Men Certa

IAM Together With Its Partner, IIPCC, is Lobbying the USPTO to Crush PTAB and Restore Patent Chaos

Chaos means business to some people

Chaos



Summary: Having handled over 8,000 petitions (according to Professor Lemley's Lex Machina), PTAB champions patent quality at the USPTO, so front groups of the litigation 'industry' creep in and attempt to lobby the likely next Director of the USPTO (inciting him against PTAB, as usual)

THE USPTO is far from perfect, but we are pleased to see software patents on their way out (more so every year). Sometimes the patent microcosm tactlessly admits who the patent system is really optimised for. One person said the other day (in response to this USPTO tweet): "You really have no business encouraging patent filings from anybody other than a rich corp. If she ever tries to enforce the infringer will just file for an IPR which her family would likely be unable to defend ($300,000 plus w/ 80% chance of losing)."



"The matter of fact is, PTAB actually makes the US patent system better for small businesses too. It helps protect them from trolls."I told him that "small business[es] can also defend themselves using PTAB" and it develop into further discussion. The matter of fact is, PTAB actually makes the US patent system better for small businesses too. It helps protect them from trolls. They are most vulnerable to trolls.

Generally speaking, patent lawyers now make a profit not only from pursuing bogus patents but also invalidating these (the "Broken Windows" theory) and as this site of patent law firms put it the other day: "New practice area evolves as more than 7,900 patent validity challenges filed at patent office since September 2012" (impressive number).

"Generally speaking, patent lawyers now make a profit not only from pursuing bogus patents but also invalidating these (the "Broken Windows" theory)..."We hope that lawyers/attorneys will find a way to make a living out of invalidation of bad patents, not just pursuit of yet more patents. They need to 'garden' this place rather than throw more and more stuff at it.

"Just noticed from @LexMachina that the PTAB has passed the 8000 petition mark," an IAM writer noted the other day, "such a big impact on the US #patent market in last 5-plus years..."

"Fantastic impact," I responded to him. "Well done, PTAB" (he obviously hates PTAB because he works for IAM, which in turn works for trolls).

Not a day passed and he already pushed "Guest blog on why PTAB reform must be the top priority for the next director of the USPTO" (by "reform" they mean obliteration, not reform).

"We hope that lawyers/attorneys will find a way to make a living out of invalidation of bad patents, not just pursuit of yet more patents."So the lobbying site, IAM, is attacking PTAB in order to help patent trolls, i.e. more of the usual. Who wrote this post? Here: "Robert Aronoff is the US Executive Director of the International IP Commercialisation Council, the Founder and Director of Pluritas LLC and President and COO of Underalls Inc."

The International IP Commercialisation Council (IIPCC) does not disclose its members, but under the "Partners" section it names IAM. So maybe IAM should add some sort of disclosure. Worry not, it won't!

What is this 'article' from IAM? It's all about Andrei Iancu getting lobbied before appointment! They even cite the Lex Machina number as though it's a bad/alarming/undesirable thing:

The PTAB recently received its 8000th petition — a landmark that few thought it would reach this quickly. No other part of the America Invents Act (AIA) has had anything like the same impact on the US patent system, winning praise in some quarters as a quick and (relatively) cheap way of challenging patent validity and condemnation in others for the shadow it has cast over IP rights. In this guest post Rob Aronoff of the International IP Commercialisation Council, explains why, for some members of the patent community, PTAB reform must be at the top of to-do list for incoming USPTO Director Andrei Iancu.


They say "incoming USPTO Director Andrei Iancu" as though it's confirmed; it's not. He was merely nominated (by Trump), not appointed. There seems to be some procrastination as the issue has not emerged for about a month now. And government shut-down sets in...

"The International IP Commercialisation Council (IIPCC) does not disclose its members, but under the "Partners" section it names IAM."Trump, in the meantime, is watering down rules just like he does regulations. "As required by the Trump White House," Patently-O wrote a few days ago, "the USPTO has continued its process of removing regulations that are “potentially outdated, unnecessary, ineffective, costly, or unduly burdensome to both government and private sector operations.” Executive Order 13777."

Patently-O also wrote about the shut-down as follows: "The following message comes from Wilbur Ross, Secretary of Commerce. The main point is that USPTO will remain in operation even if there is a government ‘shutdown.’"

Patently-O was apparently first to cover this, followed by Watchtroll and then by the IAM lobbyist who said: "Strong message from the @uspto that if gov shuts down agency has enough in reserve to keep operating for a few weeks..."

"Years down the line, Rader continues to reaffirm the view that he lacks a sense of ethics -- the very thing that left him unemployed, under-employed, or prematurely "retired"."Remember when IAM lobbied the Trump administration to put disgraced judge Randall Rader in charge of the USPTO? They basically liaised with Randall Rader for his shameless self-promotion. If that is not lobbying, nothing is. Years down the line, Rader continues to reaffirm the view that he lacks a sense of ethics -- the very thing that left him unemployed, under-employed, or prematurely "retired". Ever since he left CAFC (where his decisions get overturned endlessly) the court has done a spectacular job. Here he is rearing his head again. He's planning to do a get-together with a private law firm. To quote: "Visit the Bejin Bieneman website for more information on our February webinar featuring Judge Randall Rader (Ret.)."

'Retired'...

He got canned. And he continues to work with private firms and with IAM, which he hoped would help him get a job as USPTO Director! After he libeled PTAB (part of USPTO) as "death squads"...

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