Bonum Certa Men Certa

Patent Sharks Hope to Regain Control of the US Patent System With Iancu Appointment Likely Just 4 Days Away

Big shark



Summary: The campaign to dethrone Michelle Lee and replace her with someone like Andrei Iancu is almost complete; the objective is to turn the USPTO (US patent office) into a trolls-friendly and PTAB-hostile place

THE USPTO has been headless since Michelle Lee got bullied out (like Ms. Brimelow at the EPO). Her colleague was thereafter the PTO Director (in the interim). He too got mobbed/bullied at times, but not to the same degree. The patent microcosm was eager to replace him with one of its own.



"The patent microcosm was eager to replace him with one of its own."Here is a reminder of why the PTO does not need a person like Andrei Iancu but a technical person. Will they 'get' that? How about Drew Hirshfeld? Do not listen to Koch-funded 'scholars' like Adam Mossoff, who are still pushing for maximalism this week ("Here's just one of many examples of how small biz & individuals need stable & effective #IP protections, contrary to the rhetoric that IP hurts new creators, startups & small biz.") because their aim is to prop up the litigation 'business' and patent trolls. And speaking of which, Watchtroll followed IBM's patent chief Manny Schecter (close to Watchtroll) in noting, based on this publication, that "Senate Schedules Andrei Iancu Confirmation Vote for February 5"; Schecter tweeted: "Says here that the full Senate will take up confirmation of Andrei Iancu as US Patent & Trademark Office Director on Monday, February 5 http://bit.ly/2l2VmjU" ("EXECUTIVE CALENDAR").

These people would love to see a patent microcosm person like Iancu in charge of the PTO. They lobbied towards that.

And lobbying being noted, watch what Dennis Crouch wrote yesterday about Trump's speech. Trump never even mentioned patents, but Dennis Crouch already 'helps' by 'interpolating' and filling the 'blanks', so to speak. For example: "Although, high drug prices are, in many cases, premised upon exclusive rights granted by patents, the Administration has – thus far – not offered any indication that it will be breaking (or bending) pharma patent rights."

"These people would love to see a patent microcosm person like Iancu in charge of the PTO."There are no "patent rights" because patents are not "rights" -- a miconception just repeated again in "Litigation Conduct Evincing Lack of Respect for Patent Rights and Litigation Process Supports Attorney Fees Award" ("Respect for Patent Rights" is very lawyer/liar talk).

What these people generally hope for is a PTO Director who uses nonsensical terms like these. The last thing they want is a person like Lee, herself a former scientist with high qualifications.

A few hours ago (Thursday) Watchtroll was once again defending the Mohawk patent scam, quite frankly as usual. That scam relies on misconceptions such as patents being "property". With anti-PTAB on their agenda, such overt misconceptions too are considered "OK".

Mitchell Feller, partner with Gottlieb, Rackman & Reisman, wrote that "Native American tribes have the same types of sovereign immunity that states do. Absent a waiver, they too are immune from lawsuits asserting infringement of Federal patent, trademark, and copyright laws and subject to the same types of waiver considerations."

"What these people generally hope for is a PTO Director who uses nonsensical terms like these. The last thing they want is a person like Lee, herself a former scientist with high qualifications."But those patents have nothing to do with tribes. It's a major scam. A Federal judge and several politicians have already called it that. "In September," he continued, "2017, the large pharmaceutical company Allergan took steps to employ tribal immunity to protect its patents on the drug Restasis. Allergan assigned its patents to the St. Regis Mohawk Tribe. The tribe then licensed the patents back for $13.5M and more than that amount in yearly royalties. Immediately afterwards, the Tribe argued that an IPR challenging those patents could not proceed because of tribal immunity. The motion has not been decided."

At the moment, as we pointed out earlier this week, this tribe is just being completely exploited by the patent microcosm as a vector for attacks on PTAB. For a large sum of money the tribe has basically disgraced its name/reputation.

What we have here isn't US interests being served but the profits of few ultra-wealthy individuals being guarded so that they can deny access to medicine (e.g. generics).

"What the US needs is a technology-centric PTO; what it might soon get, however, is a legal 'industry'-centric PTO, promising to further exacerbate things for the benefit of patent trolls (not technologists but litigators)."The notion that patent maximalism is somehow "great" for the US is a false one; it's promoted by people who profit from litigation activity. Depending on what the highest court has to say (if anything) about design patents [1, 2], we may soon see more setbacks like this one for Apple. Apple uses patents against a Korean giant that now yields more chips than the US-based Intel (as per new reports). As sales of "iPhone" fall (many reports about this throughout this week) the patent case too seems to be falling apart. 2 days ago in Law.com:

Apple will soon return to court to continue its legal battle with Samsung over Samsung’s infringement of Apple’s iPhone design. The latest chapter of this saga concerns the proper methodology for calculating damages that Samsung must pay to Apple for infringing Apple’s design patents.

As background to this case, a jury trial in the Northern District Court of California back in 2012 resulted in a verdict ordering Samsung to pay Apple more than $1 billion for willfully infringing Apple’s design patents. The damage calculation was based upon 35 U.S.C. 289 of the Patent Act. Section 289 includes a special profit-disgorgement provision for design infringement damages requiring that “Whoever during the term of a patent for a design … sells or exposes for sale any article of manufacture to which such design or colorable imitation has been applied shall be liable to the owner to the extent of his total profit.”


What the US needs is a technology-centric PTO; what it might soon get, however, is a legal 'industry'-centric PTO, promising to further exacerbate things for the benefit of patent trolls (not technologists but litigators). ⬆

Recent Techrights' Posts

Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
 
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026