Bonum Certa Men Certa

PTAB Engages in Patent Justice, But Lobbyists of Patent Trolls Try to Blame PTAB for All the Problems of the US and Then Promote Iancu

Related: Further Scrutiny of Andrei Iancu Shows That He's on Both Sides of Troll Battles and PTAB Battles

Photo credit: The American Lawyer

Andrei IancuSummary: In an effort to curtail quality control at the US patent office, voices of the litigation 'industry' promote the irrational theory that the demise of the US is all just the fault of patent reform

THE appeals (or petitions) at the USPTO are working. Many patents are being invalidated when they lack merit. Thanks to PTAB...



Michael Loney, the managing editor of Managing IP, took note of (and apparently graphed) the effects of PTAB fees going up after all the PTAB shaming. It's no secret that patent extremists have bullied USPTO officials into making PTAB less accessible (less affordable) and as Loney explained: "The increase in PTAB fees on Jan 16 had an impact on petition filing. Spike of 37 petitions on Jan 15 per Docket Navigator. As well as smaller but significant numbers of 18 petitions on Jan 12 and 10 on Jan 11..."

Last year was another record year for PTAB; will that trend carry on in spite of these price hikes? We shall see.

Meanwhile, Loney takes note of Allergan's troubles amid its patent "scam" (attempting to dodge PTAB by misuse of tribal immunity). "There are now about a dozen class-action antitrust lawsuits pending against Allergan", he wrote, "that allege “a multi-pronged effort to block generic versions of Restasis from coming to market.”"

So Allergan not only resorted to patent scams but also let poor people die in the process. We hope that PTAB will soon invalidate all those patents that Allergan is trying to shelter behind tribes. Allergan knows darn well why it's trying to avoid PTAB.

Dennis Crouch also wrote about Allergan. The firm is collapsing, it already faces multiple probes, it is laying off staff and it engages in patent scams. Here is what Crouch said:

There are now about a dozen class-action antitrust lawsuits pending against Allergan that allege “a multi-pronged effort to block generic versions of Restasis from coming to market.

[...]

The outcome of the antitrust lawsuits will at least partially depend upon the pending PTAB IPR proceedings. The patents at issue were invalidated following a bench trial in the E.D.Tex. with Federal Circuit Judge Bryson sitting by designation as the trial court. Allergan has appealed that order.


In this particular case, PTAB does a public service outside the context of patents alone. Allergan's abusive tactics can be stopped by invalidation of key patents.

In other news about PTAB, WiFi One makes another belated appearance. To quote:

The Federal Circuit’s softening of the appeal bar (35 U.S.C. €§ 314(d)) in WiFi One will now allow the Court to consider matters unrelated to the merits of an institution decision, and in some cases, well-established precedent of the Patent Trial & Appeal Board (PTAB).


We already wrote several articles about this case. It is worth noting this comment about the EPO, bemoaning the patent microcosm's rants about PTAB:

Lucky this wasn't a US IPR decision. My ears wouldn't have survived the sonic whine from the "IT'S NOT FAAAIIIIIIRRRRRRRR!!!!" brigade. Aeroplanes would have fallen from the sky and satellites knocked out of their orbits, and all because the spoiled brats are throwing their toys out of their prams.

It is NOT a point of law of fundamental importance. All points of law can have deleterious effects, but luckily I, and many others, have studied my subject. Foresight is a wonderful thing!


PTAB is meanwhile being bashed by the patent trolls' lobby (IAM et al). Yesterday we saw the Conservative, Koch-funded lobbyist Adam Mossoff complaining about lobbying and defending patent trolls, as usual. They have a new tactic; seeing that the US is declining, based on press reports, they blame it all on AIA/PTAB/IPRs. Mossoff wrote: "It is lobbying money like this - and the hundreds of millions these companies have spent lobbying over the decade before 2017 - that created the "patent troll" narrative in D.C. and the resulting moral panic about the fundamental role of #patent rights in #innovation economy..."

Mossoff has long denied that patent trolls are a problem (let alone that they exist). Here is another new example (Moskowitz). To quote: “Score another one for Seoul while Silicon Valley slides. The U.S. dropped out of the top 10 in the 2018 Bloomberg Innovation Index for the first time in the six years the gauge has been compiled. South Korea and Sweden retained their No. 1 & No. 2 rankings.” #AIA #PTAB to blame"

I challenged him on this baseless claim and there's quite a conversation there. He very much refused to accept that other factors played a role in this decline. "This is laughable," I told him, "and a self-serving deception blaming patent reform for US decline..."

He stood firm with his claim nonetheless. IAM soon joined in, arguing things to the same effect. IAM cites the Chamber of Commerce as a source for some drama intended to claim that patent policy (e.g. AIA) has been the cause for a decline of the US. "DC sources tell IAM that Andrei Iancu confirmation vote for @uspto director is expected before mid-February," it said, having also written this blog post about it:

In a confirmation hearing performance that played well with a broad range of stakeholders, Iancu gave every indication of being fully aware of some of the gripes levelled against the US patent system and made a point of calling for balance on more than one occasion. “The accused infringer in one case may be the IP owner in another and a patent owner in one area of technology or science may be a member of the public trying to design around someone else’s patent in another area,” he told the commitee. “The playing field must be even for all.”

[...]

If Iancu is confirmed by the middle of February, then his start in the job will coincide with the US Chamber of Commerce’s launch of its 2018 International IP Index, an analysis of IP regimes around the world in which the US last year slumped to 10th (tied with Hungary) in a ranking of the relative strength of countries’ patent systems. The latest index is due to be published on 8th February and if the US were to slip again it would give Iancu a sense of the scale of the task that he faces.


That last paragraph is pure propaganda from a corporate front group, the Chamber of Commerce.

There is still time to stop this appointment, which is about putting a patent 'industry' mole in charge of the USPTO. It's not hard to envision what he would do.

Recent Techrights' Posts

UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
 
Misleading Coverage in Slashdot Promotes and Openwashes Slop
Piggybacking RMS for the headline seems like a PR stunt of sorts
As Envisioned, a Rebellion and Many Whistleblowers at Microsoft
Whistleblowers ensure Microsoft has totally lost control of the "narrative" (face-saving PR)
Microsoft is a Right-Wing Company
Just remember that when people call Microsoft "woke"
GNU/Linux "Market Share" Rises to About a Quarter in Sudan
Can anyone explain to us why?
Gemini Links 19/07/2026: Visiting Ethiopia, Two Dreams, and Price of Skinnerboxes
Links for the day
Tears in IBM, Company Falls Apart While Management Fakes "Performance" to Take Bonuses
Wall Street is a naked emperor
Telling Our Story
In the coming years we'll have some high-impact stories to share and generally tell without fear of reprisal
Microsoft XBox Studio Leaders Upset at What the New CEO Did
From what we can gather, in 2024 XBox was already entering what's known as a "death spiral". Now it's literally moving down the drain/pipe.
IRC Started in Finland, GNU/Linux Did Not
History is like that
GNU/Linux Rises to 8% in Bhutan, Same as the International Average
Taking note of estimated GNU/Linux share in that country, we see it hovering around the international median/average this month
Links 19/07/2026: "The Voice of Google" and "Chinese Surveillance Tech a Threat to Privacy"
Links for the day
Keep Both Eyes on the Ball
At the moment we have six series running in parallel; two of them concern the EPO
'Journalists' Who Help IBM Cover Up Fraud
Journalistic malpractice
The "Modern Linux" Song
Join us now, make the kernel
XBox Layoffs Vastly Bigger Than Microsoft Told the Press, Microsoft Keeps Trying to Change the Subject
Many so-called "XBox fans" are no more
Microsoft Lost 1,200 Billion Dollars in "Market Value", Take a Look at What Happened to Windows
while Windows continues to fall unstoppably GNU/Linux is surging
Links 19/07/2026: People in China Are Buying Feelings and 404 Media Has Third Anniversary
Links for the day
Gemini Links 19/07/2026: Camping, Health, and Hardware
Links for the day
The State of Slopfarms
Slopfarms or LLM slopfarms are a menace and a problem on the Web
GNU/Linux Rising to 6% in Brunei
seventh in the world for GDP (PPP) per capita
Free Software is Like an 'Activist Movement'
People who argue strongly in favour of something (even very good things) will attract the wrath of those whom they oppose
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 18, 2026
IRC logs for Saturday, July 18, 2026
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day