Bonum Certa Men Certa

The Supreme Court's SAS Decision and the Race/Campaign to Undermine PTAB With Iancu's Help

Recent: The Patent Trolls' Lobby (IAM) Already Pressures Andrei Iancu, Inciting a USPTO Director Against PTAB

Speed Bump



Summary: As one might expect, people who profit from patent litigation are trying to stop or at least curtail/slow down the Patent Trial and Appeal Board (PTAB), whose primary function is preventing frivolous patent lawsuits by annulling improperly-granted patents (typically those that are actively being used to issue spurious threats)

AS the previous post noted, Oil States is being forgotten about and it's no accident. It's intentional. The general idea is to leave behind anything which legitimises PTAB and instead promote anti-PTAB clauses and cases. The USPTO seems cooperative with the latter agenda, especially with Iancu in charge. Add to all this a front group (BIO) or two and it doesn't look particularly encouraging. The PTAB-hostile BIO had an "International Convention" advertised 24 hours ago. Guess what's on the agenda... there's also this upcoming 'webinar' on divided infringement, advertised 24 hours ago as well.

"Lawyers can 'clock' more time (time is money, billing) and PTAB won't manage to deal with as many petitions."Yesterday we wrote about pharmaceutical patent lawsuits soaring in Delaware and days ago we found this new report, which is titled "Delaware District Dismisses BPCIA 'Private Right' Claim; Says Controversy Not Sufficiently Immediate" (neither private nor a right, just like patents). As we shall recall in our next post, pharmaceutical patent litigants nowadays go extremely far to challenge courts or tribunals -- to the point of resorting to "scams". Things have gotten really dirty. In Promptu Systems Corporation v Comcast Corporation et al, as Docket Navigator noted the other day, the "Plaintiff’s Former Officer and Lead Inventor Disqualified as Consultant for Defendant" (conflict of interest is clear here). To quote:

The court granted plaintiff's motion to disqualify plaintiff's former officer/lead inventor of the patents-in-suit from consulting with defendant on non-confidential matters.


Anyway, it's getting hard to challenge PTAB or win patent cases in US courts. That's mostly because so many US-granted patents should never have been granted in the first place. The tactics among the litigation industry nowadays revolve around smearing PTAB and, as we noted yesterday, smearing the high courts as well. Again, this is really, really dirty.

An article by David M. Maiorana (Jones Day) recently (last week) recalled the SAS case and said this:

On April 24, 2018, the U.S. Supreme Court issued its decision in SAS Institute Inc. v. Iancu, where the Court held that the Patent Trial and Appeal Board (PTAB) must issue a final written decision as to any patent claim challenged by an IPR petitioner. Just two days later, the PTAB issued written guidance on the impact of the SAS decisions on AIA trial proceedings.

[...]

The SAS decision has rapidly changed practice before the PTAB. Practitioners must closely watch for future changes. The guidance notes that the PTAB will continue to assess the impact of the SAS decision and will provide further guidance in the future if appropriate. Jones Day will continue to monitor the situation and will provide further updates in this blog.


What about Oil States? It was by far more important a decision. As a reminder, the patent microcosm tries very hard to distract from it. See our previous posts on this matter:



Also obsessing over SAS were the patent maximalists of Patently-O, who have been trying to slow PTAB down for well over a year and nowadays promote Droplets v Iancu. The agenda is very clear to see. To quote Dennis Crouch's latest:

Although non-precedential, Valmont Indus. v. Lindsay Corp (Fed. Cir. 2018) appears to be the first post-SAS Federal Circuit opinion involving a partially-initiated inter partes review (IPR) proceeding.

In its IPR petition, Lindsay challenged all 18 claims of Valmont’s U.S. Patent No. 7,003,357. The PTAB instituted, but only to claims 1-15 and 17-18 — the case against Claim 16 was not strong enough. In its final decision, the PTAB found the claims obvious except for claim 11 and, of course claim 16 (whose validity was not tried).


So PTAB reached the same conclusion, albeit more slowly. The patent microcosm is just trying to make life harder for PTAB. Iancu seems rather friendly towards this agenda. Lawyers can 'clock' more time (time is money, billing) and PTAB won't manage to deal with as many petitions (IPRs).

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
 
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails