Bonum Certa Men Certa

With Stambler v Mastercard, Patent Maximalists Are Hoping to Prop Up Software Patents and Damage PTAB

"...patents for some technical sectors have been somewhat deprecatorily called by Mark Lemley and Carl Shapiro, a "lottery ticket"," Neil Wilkof wrote before the weekend.

Gambling Summary: The patent 'industry' is hoping to persuade the highest US court to weaken the Patent Trial and Appeal Board (PTAB), for PTAB is making patent lawsuits a lot harder and raises the threshold for patent eligibility

THE patent maximalists in the United States want us to believe that the more patents are granted and the more lawsuits are filed, the greater the "innovation" will be (they just can't help misusing such buzzwords*). The USPTO uses similar claims to justify never-ending expansion (e.g. number of granted patents). Suffice to say, that's just a bubble.



Found via several patent maximalists such as this one was this new post in which Dennis Crouch (part of the patent microcosm) said: "The case relates to Stambler’s U.S. Patent No. 5,793,302 (authentication system and method). The patent has been asserted in dozens of cases and upheld in several court decisions prior to the PTAB finding it invalid."

"Oil States is an anti-PTAB case which we expect to see ruled in favour of PTAB some time later this year."This is about Stambler v Mastercard, a case which the patent maximalists will be trying to bring to the Justices. Why? Because it's a potentially anti-PTAB case. Groups such as the EFF will hopefully submit oppositions if possible. From the petition: "The first question is substantially similar to that presented in Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, No. 16-712 (June 12, 2017), which has been argued and is awaiting decision by the Court. The second question is identical to that presented by the Petition for writ of certiorari in Celgard, LLC v. Matal (No. 16-1526) (question #2, petition pending)."

Oil States is an anti-PTAB case which we expect to see ruled in favour of PTAB some time later this year. We'll say a lot more about PTAB tomorrow and on Monday. Oppositions to PTAB continue to slow down (losing momentum); the patent microcosm may have given up trying.

"...the barrier for (court) entry has been raised, which is probably bad news for lawyers but good news for everybody else."The gold rush for low-quality patents was a bubble in the making. IAM has just published a puff piece/ad for its partner Clarivate, which measures companies in terms of patents, but what sorts of patents? Nowadays we see a lot of these patents imploding; PTAB and the courts do this. Unified Patents said in its Web site yesterday that it wants to educate law students on PTAB practice. Unified Patents itself extensively utilises PTAB to eliminate software patents. As they put it yesterday:

Unified Patents recently launched its 2nd public law school project to curb patent abuse against SMEs. In conjunction with University of Detroit Mercy School of Law and Brooks Kushman, Unified is working to help educate students on PTAB practice.


PTAB is, in our view, like a cleanup mechanism within the USPTO itself. "IP Edge managing director Gautham Bodepudi," as IAM described him yesterday, suggests that "plaintiffs in US patent cases who understand the odds of victory are almost always best off settling" (not direct quote). IAM even used the word "trolls" (in relation to patent trolls):

The vast majority of patent disputes in the US settle before they end up in court. One reason for this, it is claimed, is because scared defendants are worried into making suits go away by aggressive plaintiffs (trolls) who give them a choice of settlement at one price or fighting a suit at a higher price. And, undoubtedly, there is an element of that involved.

However, there is a lot more on top. For example, looking from the plaintiff’s perspective there are also significant disincentives to take a fight all the way - especially against deep pocket corporate opponents.


According to some recent figures, about two-thirds of patent aggression bouts go unnoticed because they never reach the courts and the public might therefore not find out about them (unless a press release is issued). One way to look at it is, the aggressors are scared of the courts (or PTAB); another is, the accused/defendant is scared of litigation. Either way, the barrier for (court) entry has been raised, which is probably bad news for lawyers but good news for everybody else. _____ * The embrace of buzzwords can also be seen here. “AI” is an old hype wave resurrected (we presume by corporate marketing people along with gullible ‘journalists’ looking for popular key terms). It's also propped up by the patent ‘industry’ in order to paint software patents as ‘novel’ (when they’re not).

Recent Techrights' Posts

Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
 
2025 Will be Fought and Fraught With LLM Slop or Fake 'Articles' (Former Media/News Sites Turning to Marketing Spam)
The elephant in the room?
Links 26/12/2024: Ukraine's Energy Supplies Bombed on Christmas Day, Energy Lines Cut/Disrupted in the Baltic Sea Again
Links for the day
Gemini Links 26/12/2024: Rot Economy, Self-hosted Tinylogs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 25, 2024
IRC logs for Wednesday, December 25, 2024
[Meme] Time to Also Investigate Bill Gaetz
Investigation overdue
Microsoft Openwashing Stunts Initiative (OSI) is A Vulture in "Open" Clothing
it's quite telling that the OSI isn't protecting the Open Source Definition
IBM Has Almost Obliterated or Killed the Entire Fedora Community (Not IBM Staff)
Remaining Fedora insiders are well aware of this, but bringing this up (an "accusation" against IBM) might be a CoC violation
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day
Brittany Day Connects Windows Ransomware to "Linux" Using Microsoft LLMs (FUD Galore, Zero Effort, No Accountability)
FUD and misinformation made by Microsoft LLMs again?
Links 24/12/2024: Labour Strikes and TikTok Scrambling to Prop Up Radical Politicians That Would Protect TikTok
Links for the day
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024