Bonum Certa Men Certa

The Patent Trial and Appeal Board (PTAB) Breaks More Records, This Time Number of Post-Grant Review Petitions

Summary: The latest statistics (March) from PTAB show that things are going well and only on rare occasions does the Federal Circuit (CAFC) stand in the way; the US Supreme Court is expected to defend PTAB very soon

THE improved quality of patents at the USPTO gives reasons for optimism; the same cannot be said about the EPO unless António Campinos changes something fast (Battistelli won't change a thing). Imagine the EPO adopting a PTAB-like mechanism (it already has the Boards of Appeal) that can eliminate thousands of patents rather quickly, especially patents granted in a hurry throughout the Battistelli era. Oppositions already work to that effect, but not post-grant.



Anyway, this latest PTAB round-up says in the summary: "Patent Trial & Appeal Board developments in March included the most post-grant review petitions filed in a month, a predicted switch to the Philips standard, two informative decisions involving 35 USC €§ 325(d), and the Board instituting trial to a derivation petition for the first time" (also remember that the USPTO recently raised the price of PTAB IPRs; evidently that wasn't enough to discourage/slow down the constant growth in petitions which tackle bad patents, i.e. those wrongly granted by the USPTO).

Are PTAB IPRs going away? No way!

Even a patent maximalist like Dennis Crouch does not think so. Hours ago he wrote (again): "We all await the outcome of Oil States. Conventional wisdom is that the case will be a dud and that the Supreme Court confirm the viability of Inter Partes Review proceedings."

Oil States's outcome won't be much of a surprise. So the anti-PTAB brigade is looking for other strategies by which to slow down PTAB. Here's Michael Borella with another cherry-picked opinion (already mentioned by Crouch and Kluwer Patent Blog earlier this week).

CAFC judges did, in this particular case, decide against a decision by PTAB, which is rare. Judge Newman, however, found that PTAB did its job properly. Borella put it like this:

Apple argued before the PTAB that "because the mobile unit transmitters in Natarajan operated in low duty cycle RF bursts, it would have been plainly obvious to a person of ordinary skill in the art to have the base station operate in an analogous manner." Apple further contended that "because the base and mobile stations have the same physical structure, it would have been no more than using a known technique to improve similar devices in the same way."

[...]

Writing in dissent, Judge Newman took issue with two aspects of the decision. First, she would have found that the PTAB did explain its reasoning regarding the obviousness of the claims in a sufficient fashion. Essentially, Judge Newman believed that the PTAB incorporated parts of Apple's arguments by reference, and that these arguments were uncontested by DSS. (At the end of the day, the majority seems to object to the PTAB's conclusion that the duty cycle of the mobile units would also work for the base station, while Judge Newman found such an outcome plausible.) Second, she asserted that the proper remedy for finding the PTAB's reasoning to be inadequate was to vacate and remand the case for further review by the PTAB.


While the decision/opinion does not bode well for PTAB, it's actually a rarity, but this is the kind of thing that the anti-PTAB brigade will highlight ad infinitum, as usual.

There's meanwhile this new report (less than a day old) about "seeking to have seven of Nasdaq’s patents canceled." Notice the part about Alice:

Nasdaq Inc. is trying to claim that it invented the concept of options trading, rival Miami International Holdings Inc. said in a series of petitions seeking to have seven of Nasdaq’s patents canceled.

[...]

Miami International is trying to use the patent office to dispense with an infringement lawsuit that Nasdaq filed against it in September in federal court in Trenton as it can be faster, easier and cheaper to invalidate a patent through the review board than in court.

In each of the seven petitions filed in with the review board in the past week, Miami International said the patents cover an “abstract idea” and cites a 2014 U.S. Supreme Court ruling that has led to invalidity rulings against hundreds of software patents.


Those are software patents or patents on business methods. The only thing going in their favour is the number of them; it's much greater a burden when one needs to invalidate all seven of them.

It remains to be seen how many of these 'financial' patents PTAB will render worthless in the coming years. Earlier today there was a self-promotional 'article' from Martin M. Zoltick and Mark T. Rawls (Rothwell, Figg, Ernst & Manbeck, PC). These lawyers love talking about blockchains, Bitcoin or cryptocurrency in general. It's a lot of contemporary hype and all they can drone on about is patents, trademarks etc. Here they are name-dropping "blockchain", "FinTech" and all kinds of other names/words:

If the past is any indication of what is to come, those who invest in cryptocurrencies, such as Bitcoin, Ethereum and Litecoin, just to name a few, had better buckle-up. It is surely going to be a wild ride as more cryptocurrencies emerge and the growing array of use cases blows hot and cold. The extreme volatility of cryptocurrencies themselves does not appear to be a phenomenon of the patents directed to the technologies underlying these digital currencies and their ecosystems. As the flurry of innovation continues and the cryptocurrency ecosystem becomes increasingly more mainstream, expect to see exponential growth in the cryptocurrency and blockchain-related patent landscape as financial services companies, FinTech startups and a growing number of tech companies from a wide range of industries all vie for a dominant position.


As we've been saying for years, all those patents on digital currencies are likely void. GTX Corporation is bullying indie developers/startups using such patents because it knows that they're poor enough to do anything they can to avoid a court battle (one in which such patents would likely get trashed).

In summary, PTAB remains relevant, its role is expected to soon be cemented by US Justices, and it is actively being used to thwart abusive litigation with abstract patents (typically software patents or patents on business methods).

Recent Techrights' Posts

10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
 
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to
LLM Slop Not Dead Yet, Examples of Slop About "Linux"
We wish to see the totals down to zero
Links 20/01/2026: Cheeto Blackmails France Into 'Peace' While Looking to Annex EU, Mass Layoffs in Capgemini (Microsoft Reseller/Promoter) in France
Links for the day
Gemini Links 20/01/2026: Boxing and "Inbox Zero" Success
Links for the day
Windows and Slop Declining While Microsoft Silences Critics
Microsoft tries to suppress facts while faking 'demand' by imposing slop on everybody, everywhere
openai.com Traffic Said to Have Fallen 50% in the Past Three Months, Reports Say It Nearly Ran Out of Money to Borrow
After the slop frenzy all we'll have left is environmental destruction
IBM Kills OzLabs, Signalling An Attack on Free Software (a Sign for Red Hat)
ibiblio also appears to have died (or experiences critical issues)
Red Hat Vice President Leaving After Nearly Two Decades
IBM's culture of secrecy is not compatible with Free software
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026