Bonum Certa Men Certa

Watchtroll is Back to Attacking Judges of the Patent Trial and Appeal Board (PTAB) Because It Can't Tolerate Justice

Gonzalo P. Curiel
Reference: Gonzalo P. Curiel



Summary: The attacks on judges at PTAB seem to be culminating again, perhaps mere weeks before the US Supreme Court delivers a decision regarding PTAB's patent review process (IPRs)

THE EPO became rather notorious for attacking judges, ignoring judges, and putting a politician (Battistelli) in the position of judge, jury and executioner. This, among other reasons, is why the UPC is dead. Watchtroll of course lobbies a lot for the UPC, probably more than anyone else in the US. UPC is basically a guarantee of sham 'justice', like court proceedings in a language that the defendant does not even understand.

"UPC is basically a guarantee of sham 'justice', like court proceedings in a language that the defendant does not even understand."The USPTO is now (after AIA) aided by judges, who assist examiners in the same way the appeal boards in the EPO help examiners. There's internal scrutiny in the form of the Patent Trial and Appeal Board (PTAB); it helps stop likely invalid patents before they reach a court, incurring huge costs to both plaintiff and defendant (lawyers obviously love such court battles, as they profit from these quite a lot for months if not years, hence they hate PTAB).

Watch this angry attorney blasting PTAB, saying that "PTAB shoots down IBM patent disingenuously under [Section] 101..."

Why disingenuously? This is what Section 101 is for (more on that in our next post). As he himself says and quotes, "algorithm not a technological improvement because "Appellants discovered a mathematical algorithm that uses computer memory in a conventional manner, but uses a relatively smaller amount of it." https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2017008135-03-07-2018-1 …"

"There's internal scrutiny in the form of the Patent Trial and Appeal Board (PTAB); it helps stop likely invalid patents before they reach a court, incurring huge costs to both plaintiff and defendant..."Yes, "mathematical algorithm" is abstract and thus invalid under Section 101. What's disingenuous about that? He fired off another ALL CAPS rant, quoting: "Further, claims involving data collection, analysis, and display are directed to an abstract idea." https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016003283-02-28-2018-1 …"

That makes perfect sense, yet he's furious that -- according to him -- "PTAB continues to distort caselaw" (hardly so! In fact, caselaw comes primarily from CAFC and SCOTUS, not PTAB).

Anyway, these sorts of rants have become so routinary and laughable. It's like a ritual, it's customary among patent maximalists, who keep reaffirming each others' beliefs if not desire to believe that PTAB is some sort of rogue court or kangaroo court or whatever. I recently quit following these people because I worried about their mental state. The ALL CAPS are becoming ever more frequent. We recently saw Professor Crouch making ridiculous cartoons of judges (cartoons that are also racist, potentially pertaining to a judge's Mexican heritage/ancestry). We're appalled and also somewhat surprised that even Crouch could stoop this low. His anti-PTAB posts have been rather one-sided and sometimes rude over the past year. Remember that this is a teacher and a scholar, so to behave like some sort of lobbyist is inadequate and unprofessional. Who does he work for? A university or patent maximalists?

"I recently quit following these people because I worried about their mental state. The ALL CAPS are becoming ever more frequent. We recently saw Professor Crouch making ridiculous cartoons of judges (cartoons that are also racist, potentially pertaining to a judge's Mexican heritage/ancestry)."PTAB is not a rogue court; it's not a kangaroo court, either. It's nothing like FISA/FISC for example. Look at the rejection/acceptance rates and bear in mind petitions target some of the worst of patents. Only a few days ago a press release was issued to say that "[t]he US Patent Office Patent Trial and Appeal Board recently ruled to uphold the validity of WaveForm Technologies Inc. patents in the emerging field of continuous glucose monitoring" (yes, PTAB sometimes defends patents too).

Here is another new example from Docket Navigator. PTAB may soon thwart another act of patent aggression, this time in Carlson Pet Products, Inc. v North States Industries, Inc.

There's a unique twist in this one case (hence Docket Navigator singled it out):

The court granted defendant's motion to stay pending its requests for ex parte reexamination and rejected plaintiff's argument that defendant was engaging in gamesmanship by not seeking inter partes review.


PTAB generally has very competent, technical people, who aren't only jurors but also jacks of many trades (like examiners). The same goes for judges at the EPO's Boards of Appeals. The Chief Judge at PTAB is himself a technical person. He routinely responds to bogus allegations against PTAB and himself, even as recently as a month ago.

Watchtroll great againWell, adding to a new/recent batch of judge-bashing attacks on PTAB, Watchtroll resumes its judge-bashing tirades. He has just published "PTAB Judges Shockingly Inexperienced Compared to District Court Judges" (improper comparison/s for a plethora of reasons).

"We certainly hope that judges at the USPTO (and the USPTO in general, examiners included) understand what they're dealing with here."This is far from the first time Gene Quinn attacks the intelligence of judges. Perhaps realising it would be used against him and the site, he published this response from PTAB's Chief Judge a couple of days later. "The USPTO has provided us with a comment from Chief Judge David Ruschke," Watchtroll wrote after he had once again attacked judges. Remember that it was mostly Watchtroll who repeatedly attacked the USPTO's Director, Michelle Lee. It even propped up truly ridiculous conspiracy theories about her.

We certainly hope that judges at the USPTO (and the USPTO in general, examiners included) understand what they're dealing with here. It's a little mind in an oversized body with an ego no smaller than that of Donald Trump. And if found to be wrong, smearing the judges is always an option on the menu. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part II - An Outline of This Series
What's to come
When Computers "Expire" Because Certificates Expire
People who promote Restricted Boot are liars. They lie for a living.
Network Plumbing
We hope it'll help speed things up
 
Links 13/10/2026: More Plagiarism Lawsuit Over Slop and AirAsia Needs State Help
Links for the day
Gemini Links 13/10/2026: Dopamine Nation, Planner and Fatigue, and Moderators
Links for the day
Links 13/10/2026: Norway Fines Microsoft and Cops Can Creep on Airbnb
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 12, 2026
IRC logs for Monday, October 12, 2026
Gemini Links 13/10/2026: Modern Science, Joplin, Luddites, and Lots More
Links for the day
Mass Layoffs at Microsoft Again (October 2026), So-Called 'AI' Units Impacted Because Slop ('AI') Has No Real Future
So much for the future of Microsoft being "hey hi" (AI)
European Readers, Please Contact Representatives (in One's Nation) Attending the Administrative Council Meeting
Normalising cocaine in in Europe's largest institutions (the people running these) is a slippery slope
For Half a Year the European Patent Office (EPO), Europe's Second-Largest Institution, Has Had Water Problems in the Toilets
And it's not being fixed
Intercontinental Brigading - Part I - The Failed Attempt to 'Swat' Our Series About the Attacks and Crimes Committed Against Us
This coincided with threats to our lives
Links 12/10/2026: Strike on Riyadh and GOP Pays Voters ("Surprise $90 Social Security Payments")
Links for the day
Microsoft's XBox CEO Spoke of a "Return to Growth" Last Week, But XBox Sales Lowest in XBox History (Quarter of a Century)
Microsoft's XBox is dying. It's a countdown to nothingness.
Links 12/10/2026: Shopify (Slop Booster) Has Security Issues, "Russia’s Yandex Says Data Center in Vladimir Shut Down After Drone Attack"
Links for the day
"My Hands Are Shaking While Writing" About IBM's Mass Layoffs at Red Hat (Bluewashing)
Shame, shame, shame on the corporate media for not covering Red Hat's layoffs this year
Taking a Look at the Last Articles of Bob Cringely at Forbes, They Were All About IBM and Its Collapse
It's all about IBM
Microsoft Windows Causes Problems (and Delays) to LibreOffice and The Document Foundation
Nothing would please Microsoft more than Windows curtailing the development of LibreOffice and adoption of ODF
So Far This Year Microsoft Windows Lost a Lot of Ground in China, GNU/Linux Gaining at Its Expense
GNU/Linux will soon exceed 10%
Lessons of Margaret Hamilton (Software Engineer)
Stop abetting men who attack women in the sciences
RIP, Bob Cringely
He was too young to leave us, his articles were still brilliant and his mind as lucid as ever
What is "Computer Science"? It is What Broligarchs Reject.
Nowadays some people call themselves informal terms or made-up titles (with terms like "AI" or "big data" or "data" tossed into the mix)
Linus Torvalds Has a Conflict of Interest Regarding Slop
Linus Torvalds is paid by the slop pushers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 11, 2026
IRC logs for Sunday, October 11, 2026
Africa Sees GNU/Linux Exceeding 5% "Market Share"
It wasn't always like this. It used to be measured at 1 or 2 percent.
Brigading Against Women - Part XXVII - Americans and Public Executions
"People who work for Facebook / Xitter / Bytedance's Tiktok / Microsoft / Oracle / IBM / Apple / Uber / Lyft / Wolt / DoorDash / AirBnB / Bolt / and so on are doing some world-class projection when they have the audacity to call others Bad People(tm)"
Gemini Links 12/10/2026: Westminster Quarters, Civilization, Luddites, and More
Links for the day
Slop-ware Is Not Newsworthy
LLMs are exceptionally loquacious and create large code bases
Links 11/10/2026: US Sides With Vladimir Putin, Convicted Felon Dubbed "Agent of a Foreign Power"
Links for the day
IRC Tracker Back in Order, Number of Known IRC Networks Continues to Increase
We don't know if our article helped trigger a resolution
Links 11/10/2026: "Execution TV" (Iran Aped by US) and ‘Digital Oblivion’ Caused by Slop Frenzy Online
Links for the day
Voice for the Impoverished
the country's leaders attack the country's own press
Gemini Links 11/10/2026: Adults Dressing Up as Animals, 44th Birthday, and More
Links for the day
Running a Country's Economy by Borrowing Over $400,000,000,000 Per Month
This is the hallmark of an economy in irreversible decline
Brigading Against Women - Part XXVI - Trying to Deplatform Critics of Microsoft's Restricted Boot
Like James Bottomley, Matthew Garrett served Microsoft's agenda while employed and salaried by other companies
Anderon Is Not a Real Company, It's an IBM Bailout Dressed Up or Wrapped Up In Buzzwords
It certainly does seem like they receive money from taxpayers for nothing, or for IBM to do mass layoffs/closure at Albany under the guise of "making a new spinoff"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 10, 2026
IRC logs for Saturday, October 10, 2026