Bonum Certa Men Certa

The United States is Far Better Off With the Patent Trial and Appeal Board (PTAB), So Why Do Lawyers Attack It?

Simple answer: because their loyalty to their bank account by far exceeds their loyalties to science, innovation, and their nation

Military parade
Patent lawsuits are to patent lawyers what wars are to military/arms manufacturing



Summary: The anti-PTAB lobby (which is basically the pro-troll or pro-litigation lobby) continues to belittle and insult PTAB, having repeatedly failed to dismantle it; in the meantime PTAB is disarming several more patent trolls and removing from the system patents which were granted in error (as well as the associated lawsuits)

THE appeal boards (BoA) of the EPO and PTAB at the USPTO are like independent audit mechanisms, tasked or set out to ensure patent quality. It is widely known -- as it is recently reaffirmed by scholars -- that patent offices often strive to just maximise the number of patents granted in order to attract further applications (more of the same), in effect granting monopolies irrespective of their merit/impact on the economy/industry/public interest.

"So what we have here is a bunch of lawyers basically demanding that US Congress revisits AIA, cherry-picks Oil States, and makes PTAB's life (or work or profession) a lot harder."Techrights does not oppose patents; it opposes patent maximalism. It's against that scourge of bad patents granted purely for the sake of granting more patents. EPO examiners 'get' it, but the EPO's management keeps threatening them if they don't embrace patent maximalism and that is a profound threat.

Today's first post concerns PTAB because Watchtroll, an anti-PTAB site, has just written about ECCO v Skechers (a case mentioned here earlier this month in passing, with only some sketchy details about Skechers). Watchtroll took note of PTAB's relevance to Skechers:

Skechers has also been an avid user of the Patent Trial and Appeal Board (PTAB) to challenge the validity of patents held by either Nike or Adidas. To date, Skechers has filed a total of 20 petitions for inter partes review (IPR) at the PTAB. Not once has it been in front of the PTAB as a patent owner defending the validity of its own patents.


So what? Maybe that just means that Skechers has little interest in patenting or only has very (albeit solid) patents. Watchtroll is agitated by IPRs simply because the site serves the interests of the litigation 'industry' (which PTAB is a threat to). It should be noted that on the very same day (yesterday) Watchtroll was still protesting against PTAB itself (its very existence, even after Oil States). To quote the gist of it all:

In the AIA, Congress gave any person other than the patent owner the substantive right to petition the government to take a second look at a previously issued patent franchise in an IPR proceeding. 35 U.S.C. €§ 311(a); see also Oil States, slip op. at 2. Congress further expressly provided that a party dissatisfied with the Board’s decision in such a proceeding can seek judicial review by the Federal Circuit and be a party in such an appeal. 35 U.S.C. €§ 319; see also Oil States, slip op. at 4.

Thus, Congress created a statutory right (the right to file a petition and if instituted obtain a proper final written decision), which if deprived confers standing on the petitioner, even if the petitioner “would have suffered no judicially cognizable injury in absence of the statute.” Warth, 422 U.S. at 514; see also Linda R.S., 410 U.S. at 617 n.3. The Federal Circuit’s holdings in Consumer Watchdog, Phegnix and RPX to the contrary are wrong and should be reversed.


So what we have here is a bunch of lawyers basically demanding that US Congress revisits AIA, cherry-picks Oil States, and makes PTAB's life (or work or profession) a lot harder. This fits the pattern of lobbying we've seen for well over a year at Patently-O, another site which fronts for the litigation 'industry'.

Speaking of Patently-O, earlier this week it wrote about printed publications qualifying as evidence of prior art. US patents and invalidation thereof (based on them being not novel or simply utter rubbish) may now be subjected to a new form of supporting evidence:

In Medtronic Inc. v. Mark Barry, the PTAB confirmed the patentability of some of Barry’s patented back-straightening claims found in U.S. Patent Nos. 7,670,358 and 7,776,072. The saving-grace for Barry was a PTAB ruling that a set of Videos and Slides distributed by Medtronic did not count as prior art “printed publications” because they were not sufficiently publicly accessible prior to Barry’s application filing. On appeal, however, the Federal Circuit has vacated the lower tribunal opinion — holding that the Board did not consider all the relevant factors in its determination.

Section 102 of the patent act establishes “printed publications” as a form of prior art.


And why not? Section 102 speaks of prior art and so does Robert Jain, whose employer (Unified Patents) uses prior art to invalidate patent trolls' patents when Section 101 isn't enough. Red River Innovations is basically a patent troll which we wrote about a couple of months back, one month after Unified Patents had announced $2,000 bounties for prior art. Soon enough it won't even even a patent based on yesterday's update from Jain:

Unified is pleased to announce the PATROLL crowdsourcing contest winner, Rajesh Singh, who received a cash prize of $2000 for his prior art submission for U.S. Patent 7,526,477, owned by Red River Innovations, LLC, a, NPE. The '477 patent, directed to an electronic text recommendation system, has been asserted in multiple district court cases. To help the industry fight bad patents, we have published the winning prior art below.


Good riddance. That's justice in action.

Another very notorious patent troll, Uniloc, is about to lose a key patent because (as Jain put it):

On June 11, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims in an IPR filed by Unified against U.S. Patent 7,092,671 owned and asserted by Uniloc Luxembourg, SA, a well-known NPE. The '671 patent, directed to an automated telephone dialing system, has been asserted in multiple district court cases against such companies as Apple and Samsung.


They pretend to be in Luxembourg. We already wrote a great deal about Luxembourg as a facilitator of patent trolls and tax evasion through patents.

Going back to Patently-O, it turns out that another bogus patent was caught up by PTAB and then invalidated/lawsuit dropped. Only lawyers won this case (legal bills) and now they bicker/argue about who's going to pay:

Typical initial setup of a patent infringement lawsuit: the patentee (Stone’) sued Cook for infringement; Cook then requested an inter partes of the asserted patent. What happened next was odd — after Cook refused a $150k settlement, Stone conceded the IPR (all claims then cancelled) as well as the lawsuit (dismissed with prejudice).

Note here that the invention looks pretty cool – an endoscope with a basket-type device for extracting stones from a human body — such as ureteral, kidney, or gall stones. U.S. Patent No. 6,551,327. The problem apparently is the invention’s lack of novelty.


As a side note, Patently-O has also just published interesting new data (or presentation thereof). Over time, as we noted a few days ago, more 'faked' names get listed/named in patents/applications for patents. Based on some more graphs from Dennis Crouch, which he has just published, the growth is linear and consistent. He put up the graphs while noting:

The chart below is a follow-up my prior post involving teams of inventors. The chart shows the average number of inventors per utility patent. For patents issued in first five-months of 2018, about 5% have 7 or more inventors.


Suffice to say, few of these are actually involved in the so-called 'invention'. They're just collectively gaming the system to have their names mentioned in as many patents as possible.

Recent Techrights' Posts

LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
 
Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026