Bonum Certa Men Certa

PTAB Haters (the Patent Maximalists) Hope That SCOTUS Will Save Their Quality-Reducing Agenda

Mere months after Oil States, which dealt with this matter already

Patent Lawyers' Tears



Summary: Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) still exploit 35 U.S.C. €§ 101 to invalidate a lot of abstract patents; in between rants about €§ 101 itself, proponents of software patents (typically patent lawyers) try to undermine the very mechanism of applying €§ 101

THE U.S. Patent and Trademark Office (USPTO), taking precedential Federal Circuit (CAFC) rulings into account, already limits patent scope -- to the point of patent grants decreasing in number.



"They just want to waste even more of the courts' time, giving perception of interim legitimacy for their massive, elaborate 'scam'."Patent lawyers' interests, which are purely financial (because they do not create anything), aren't served by this trend. Some have already attempted dirty tricks by which to avoid patents being rechecked (knowing that a reassessment would likely void patents). Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), for example, are being dodged by misusing (claims of) immunity. A few days ago Kevin E. Noonan revisited the patent 'scam' from the St. Regis Mohawk Tribe (its law firm along with Allergan's). They just want to waste even more of the courts' time, giving perception of interim legitimacy for their massive, elaborate 'scam'. Eiren O'Keeffe told me: "This is indeed an elaborate scam, designed to further shield big Pharma from opening up to keep profits high and patients subservient. Ridiculous this is even allowed to progress given the obvious motivation behind these actions."

Here is what Noonan wrote:

On July 22nd, the Federal Circuit issued its opinion in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., affirming the decision by the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office that denied the Tribe's motion to terminate Mylan's inter partes review (IPR) proceedings as being barred by tribal sovereign immunity. Yesterday, the Tribe filed its brief in support of its petition for rehearing en banc.


We are pretty certain that SCOTUS won't deal with this. It would be a total waste of the court's time.

"They are trying to make it seem as though software patents still have some worth, but that's patently untrue."Be sure, however, that patent extremists would do anything they can to advocate even 'scams' (like the above). They hate PTAB with a passion, so they'd cling onto anything!

The anti-PTAB site Anticipat, for instance, uses or takes out of context very tiny difference which can be easily explained to say "abstract idea reversal rate continues upward trend for July" (that's the headline). They are trying to make it seem as though software patents still have some worth, but that's patently untrue. To quote:

Similar to June, in July the PTAB decided a lot of abstract idea rejections. Of 195 total, 32 were reversed, yielding a pure reversal rate of 16.5%. One decision was partially affirmed, yielding a partial reverse rate of 17%.


The difference is minuscule and we offered an explanation for it earlier this month. In a nutshell, fewer people even bother with their patents; only 'stronger' cases are even being tested.

Moving on to other anti-PTAB sites, Watchtroll again (and intentionally) conflates patents with innovation or "invention" (yesterday's guest article from Trevor Day and Neil Ferraro). One can invent things without patent applications, as many have done for centuries. But let's put this spin aside.

Over at Watchtroll, Burman York (Bud) Mathis III is again heckling judges of CAFC because of their stance on software patents. He sure has a habit of doing so. To quote: "Judge Jimmie Reyna’s decision in McRO v Bandai is without question one of the best decisions to emerge from the Federal Circuit as it competently addressed key elements of Alice Corp. v. CLS Bank. Judge Kara Stoll and Judge Richard Taranto, who signed onto this landmark opinion, should also be praised with Judge Reyna. The McRO decision, among other things, stands for the idea that software is a process under 35 U. S. C. €§ 101, and that a claim that does naught more than receive data, process data and “apply” the processed data is patent eligible under €§ 101. The representative claim of McRO is reproduced below for convenience."

"Watchtroll produced anti-PTAB pieces even twice on the same day (Monday)."McRO is a relatively old decision (a couple of years old) from back when Watchtroll attacked CAFC judges pretty viciously. The site does not care about patent quality at all; to make matters worse, it actively bashes technology companies and judges who oppose abstract software patents. Does Watchtroll stand for science and technology? Or for litigation? For justice? Or just for profits? Watchtroll has always been this crude. Watchtroll's anti-PTAB agenda resumes, as does the 35 U.S.C. €§ 101 bashing for abstract ideas, which meant the very end of software patents (at least in US patent courts). These people once again hope that the Justices -- however unlikely this may be -- would offer redemption to them. Days ago Patently-O wrote: "Whether undisputed evidence that a patented invention is not unduly preemptive, presented to technically proficient judges of the Board, is relevant to the question whether the invention is patent-eligible under 35 U.S.C. €§ 101."

Dennis Crouch said it in relation to Smartflash v. Samsung, which saw a SCOTUS petition filed ("Smartflash Patents at issue here: U.S. Patent Nos. 7,334,720; 7,942,317; 8,033,458; 8,061,598; 8,118,221; 8,336,772; and 8,794,516.").

Watchtroll's Steve Brachmann wrote about a patent troll's petition (Advanced Audio Devices) under "Supreme Court Petition Challenges PTAB’s Constitutionality Under the Takings Clause" (this issue or a similar issue was already challenged or tackled only months ago).

"These patent extremists believe that can somehow abolish IPRs, but they cannot."Watchtroll produced anti-PTAB pieces even twice on the same day (Monday). Gene Quinn did another one, insinuating that there are "Shell Games" at PTAB. Then again on Wednesday Watchtroll was attacking PTAB (over "Transparency"). These patent extremists believe that can somehow abolish IPRs, but they cannot. Justices stand in their way. They know it. Days earlier Jeremy Doerre added another one of those patent maximalist pieces and Patently-O talked about stupid design patents (SCOTUS should knock these out and probably would had it gotten the chance). Here's what Patently-O said:

During prosecution, the USPTO (examiner then PTAB) rejected the patent — finding the claim indefinite and not enabled. The particular problem with the drawing is that it is a flat plan view and does not show the three-dimensional structure — what do these lines actually represent in terms of 3D hills and valleys? The figures below is more ordinary for a shoe sole design — showing more than just a plan-view of the base.

[...]

In the end, this means that Maatita’s patent will be much broader in scope because it is not limited to any particular three-dimensional shape, but rather only a to the appearance from a particular perspective.

The decision here is also in-line with the Federal Circuit’s ongoing undermining of the indefiniteness doctrine — what does “reasonable certainty” mean to the court?


Patents on shoe sole designs? What next? Things like the patent below... (assigned to Zach Snyder) ⬆

Zach Snyder patent

Recent Techrights' Posts

Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
 
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026