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

[Meme] EPO Targets
Targets mean nothing if or when you measure the wrong thing
The EPO is Nowadays Trying to Trick Staff Into Settling Instead of Solving the Underlying Problems of Corruption and Injustice
This seems like a classic case of "divide-and-rule" or using misled/weak people to harm the whole group (or "the village")
Richard Stallman 'Unveils' His January 20 Talk in Montpellier, France
It's free (gratis)
Links 19/01/2025: Gaza Ceasefire and PR Stunt by Fentanylware (TikTok), Faking It by "Going Dark" to Incite American Addicts (Users)
Links for the day
They Won't Buy Vista 11 PCs or "Hey Hi" Copilot+++++++ PCs of Microsoft (With TPM)
Windows at 8%
No Time Left for President Biden to Pardon Julian Assange
At least they tried
Total Lock-down Ambitions - Part IV - The Latest Examples and the Perils (in Summary)
For further reading take a look at Musial's nice outline
 
Improving Daily Links by Culling Spam, Chaff, and LLM Slop
the Web is getting worse
Links 20/01/2025: Indonesia to Prevents Kids' Access to Social Control Media (Addiction and Worse), Climate News Catchuo
Links for the day
EPO Union Says Monopoly-Granting Targets at EPO "Difficult to Achieve Without Compromising [Staff] Health, Personal Time or the Quality of the Final Products" (Products as in Monopolies, Not Real Products)
To those of us (over 99.999% of people impacted by this) who do not work at the EPO the misuse of words like "products" (monopolies are not products) should be disturbing
Links 20/01/2025: More PR Stunts by ByteDance and MLK’s Legacy Disrespected
Links for the day
Gemini Links 20/01/2025: Magnetic Fields, NixOS, and Pleroma
Links for the day
BetaNews Spreads Donald Trump Propaganda, Promotes Scams, and Publishes Fake 'Articles' About "Linux"
This is typical BetaNews
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 19, 2025
IRC logs for Sunday, January 19, 2025
[Meme] Hardware RAID and Hardware Raid
We're expecting attacks on the press in Trump's second term (no need to impress anyone for another election cycle) to be far worse than the first
What's Running on the Laptops
12 months have passed
[Meme] 404, Not Found
Kuhn: I'd like to interject for a moment, we made an alliance with the Microsoft-dominated LF to outsource projects to Microsoft GitHub and rich people gave us money to do this
FOSDEM is Called "FOSDEM" Because of Richard Stallman (RMS)
The overlap there seems timely; yesterday RMS spoke in French-speaking (in part) Switzerland where questions in French were accepted
Links 19/01/2025: TikTok (Fentanylware) Now Banned in the US, Convicted Felon Talks to Fentanylware CEO and Pooh-Tin About Undoing the Ban Despite the Supreme Court Unanimously Upholding It
Links for the day
FTC Realises Microsoft Buying Fake 'Clients' to Fake "Revenue" (Microsoft 'Buying' Services and Products From Itself!)
Ponzi scheme
Total Lock-down Ambitions - Part III - The Web Browser as DRM Pusher
A lot of "streaming" stuff is DRM
Video: University in Peru Honours Richard Stallman
Tomorrow, January 20, Richard Stallman speaks in France
IBM Termination Story and Information From Microsoft About Mass Layoffs
In 2 weeks of 2025 Microsoft already had 2 waves of layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 18, 2025
IRC logs for Saturday, January 18, 2025
Links 18/01/2025: Restoring the Great Wall of China and Economic Expansion in China
Links for the day
Guardian Digital (linuxsecurity.com) is Spamming the Web With Microsoft's Promotional LLM Slop About UEFI 'Secure' Boot (Which is Against Real Security)
This is an attack on honest journalism
Links 18/01/2025: TikTok's Endgame, "Car Freedom", and Spying in Cars 'Fines' GM (Settlement)
Links for the day
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025