Bonum Certa Men Certa

The Anti-PTAB (Patent Trial and Appeal Board) Lobby is Partly Funded by the Koch Brothers and the Right Wing

All fees ought to be paid/accommodated for by the party that pursued bogus patents

Inside How the Federalist Society & Koch Brothers Are Pushing for Trump to Reshape Federal Judiciary
Reference: Inside How the Federalist Society & Koch Brothers Are Pushing for Trump to Reshape Federal Judiciary



Summary: The Conservative effort to bypass the legal process (e.g. by exploiting Native Americans for their immunity) and defend terrible patents; more examples of awful attempts to simply dodge justice -- like those defended by the 'blowhards' of the patent microcosm (Watchtroll et al)

THE Patent Trial and Appeal Board (PTAB) is a wonderful thing. To oppose PTAB is to oppose patent quality itself.



Who would oppose PTAB? Check out this upcoming event from a right-wing think tank. In it, Microsoft's front group the Business Software Alliance (BSA) is trying to change policy so as to enable a "scam" around PTAB (Michael Shore the "scammer" is there also, not just the Vice President of Global Policy at BSA). It's a stacked panel.

Who promotes this thing? Mr. Mossoff, a Koch-funded scholar best known for defending patent trolls and other predatory behaviour. He speaks of "abuses of PTAB" as if PTAB itself is abusive. It's like these people come from another planet.

Patently-O, which has engaged in endless PTAB bashing for a very long time, spoke about "patent games" the other day. A patent was deemed unpatentable, whereupon came not an objection but games:

In an ex parte reexamination of U.S. Patent No. 6,284,471, the Patent Trial and Appeal Board affirmed the examiner’s conclusions that NYU’s claims unpatentable under the judicial doctrine of obviousness-type double patenting. NYU and J&J have played a few games with this particular patent family of 30+ patents. The claims relate to antibodies and assay methods associated with a tumor necrosis factor (TNF) and is said to cover J&J’s blockbuster drug Remicade used to treat so-called autoimmune diseases.

[...]

The precedent above is not new and was well known to the patentee here by the time of this dispute. Thus, during the reexamination the patentee attempted to retroactively amend its filing to transform the application from a continuation-in-part into a divisional application.


On another day, NantKwest v Matal was brought up by sites of dedicated PTAB bashers. This was referred to as an "attorney fee" (as Patently-O put it) or "lawyer fees" (as Watchtroll put it) case. This is what it's about:

Under patent law, an applicant dissatisfied with the decision of the U.S. Patent Trial and Appeal Board can seek review by filing an action against the U.S. Patent and Trademark Office (USPTO) in U.S. District Court, but under Section 145 of the law “all expenses of the proceedings shall be paid by the applicant.” The USPTO recently re-interpreted “all expenses” to include payment for its lawyers.


If someone gets granted a bogus patent, it's probably that someone who should pay for all the resultant mess. The petitioner (a sort of appellant) does a public service, especially if PTAB deems a granted patent to be invalid at the end. That really ought to be common sense.

It's not hard to understand why some circles fear the Rule of Law, including the Kochs themselves. Not to mention patent trolls, who often operate extrajudicially.

Recent Techrights' Posts

Slopwatch: Brian Fagioli, Google News, and Other LLM Slopfarms
Why does Google News keep promoting these fake articles?
Links 29/10/2025: Amazon Kept "Data Center Water Use Secret", "Abuse of Power" Against Media
Links for the day
Gemini Links 29/10/2025: "My Hardware Specs" and "Goodbye Debian…"
Links for the day
EPO Cocainegate: Feedback and Clarifications
Part III will come out soon
Links 29/10/2025: "US Military Is Destroying the Planet Beyond Imagination" and Boat Strikes Deemed Unlawful
Links for the day
Quality Comes First (Techrights Search)
It's generally working already, but we wish to polish it some more
Techrights Party Countdown
Late next week we'll be holding a party near our home
European Parliament and Council Directive on Privacy is Vanishing
"edited / censored some time more recently"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 28, 2025
IRC logs for Tuesday, October 28, 2025
Slopwatch: The March of Slopfarms, From UbuntuPIT to Linux Journal and to Various Fake Sites Still Promoted by Google News
It's so worrying to see what the Web has become
Links 29/10/2025: CISA, Ukraine, and Amazon Problems
Links for the day
[Teaser] The EPO's Spokesperson, a Cocaine User, Fancies Young Women
How's that for "optics" in the EU and Europe's second-largest institution?
How Will António Campinos Respond to the EPO's 'Cocainegate'?
That's the same thing we saw and still see when the press deals with enablers and partners of Jeffrey Epstein
Join Us Now and Share the News - Part IV: There Cannot be Free Software Without Free Press and Free Information
One day, one can hope, more people will recognise that for Software Freedom we need free press and free thinkers
Join Us Now and Share the News - Part III: Principled Stance Is Never Cheap
Protecting the truth and insisting that the general public is made aware of things that really happened isn't cheap
Join Us Now and Share the News - Part II: Because Scarcity of Accurate Information Breeds Collective Ignorance
we too will strive to share information that's aggressively suppressed
Gemini Links 28/10/2025: More New Arrivals at Geminispace, xkcd on "Document Forgery"
Links for the day
Join Us Now and Share the News - Part I: Defence of the Truth
This year we make a very strong, firm statement for truth, even if that means explaining our work to the top media judge in the country
Links 28/10/2025: Meta and Fentanylware (CheeTok) Age-Restricted Down Under, "Britain Needs China’s Money"
Links for the day
Links 28/10/2025: Mass Layoffs at Amazon and Charter to Cut 1,200 Jobs
Links for the day
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Parties and Milestones Again
we've begun putting up about 40 balloons
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete