Bonum Certa Men Certa

Watchtroll is Attacking the Federal Circuit for the 'Thoughtcrime' of Pursuing Patent Quality

Watchtroll's Gene Quinn



Summary: Watchtroll continues its court-bashing and judge-bashing tradition because it just cannot figure out any other way to stop the narrowing of US patent scope

Watchtroll is attacking the Federal Circuit (CAFC), i.e. judges, once again (it already attacked CAFC in the past, even quite recently, and it includes individual judges; it smears SCOTUS Justices and PTAB judges as well). Why? Simply because they're not patent maximalists like Iancu and Watchtroll, who are apparently meeting already. Burman York (Bud) Mathis III published this piece a couple of days ago in a site that's defending patent trolls, smearing politicians who care about technology, and habitually distorting the facts. As usual, we don't wish to entertain/air the underlying arguments but merely highlight the fact that this is happening. They want to pressure judges by questioning their motivations etc. (perhaps to make it look like a scandal, as they did with Michelle Lee). And yes, it's all about patent quality. To quote: "One might naturally expect that, if a rejection under €§ 101 appealed from the PTAB failed to address all the claim limitations and had zero supporting evidence to determine whether something was abstract or well-understood, routine and conventional, the case would be a slam-dunk at the Federal Circuit."



"The USPTO isn't a court and in order to maintain perceived value of patents it will have to follow the law and set its guidelines based on caselaw, not Iancu's whims and ideology, which is like a religion attached to greed."That's a loaded statement and a rather gross distortion of what actually happens in appeals to CAFC (of which there are very many, resulting in affirmations almost all the time).

Some reasonable law firms realise that foul-mouthed patent lawyers who attack judges etc. spoil the reputation of the whole profession. They're a risk to the system because they even upset judges, who are in turn likely to just turn their backs on patents altogether. When it comes to 35 U.S.C. €§ 101, the U.S. Patent and Trademark Office (USPTO) and SCOTUS must eventually converge, otherwise patents granted by the USPTO will lose their value (invalidated massively in courts below SCOTUS).

What also isn't helpful is Watchtroll's endless obsession with Google, which yesterday it attempted to frame as a hypocrite. Lawrence H. Frank (also in Watchtroll) is now advocating yet more patents on nature. In its latest attack on 35 U.S.C. €§ 101 Watchtroll speaks of "[a] conflict [...] between the incentive to invent and the breadth of patent-eligible subject matter. It has become difficult to recognize the line between patentable subject matter and non-patentable products of nature. The Supreme Court [...] their rulings on 35 U.S.C. €§ 101..."

Alice and Mayo are a thorn on the side of patent maximalists because they set pretty clear limits on the scope of patenting. The USPTO isn't a court and in order to maintain perceived value of patents it will have to follow the law and set its guidelines based on caselaw, not Iancu's whims and ideology, which is like a religion attached to greed.

Recent Techrights' Posts

Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025
Linux.com is Becoming Microsoft
They took a once-reputable site with a vast audience and turned it into a pile of trash
Microsoft Lunduke: People Pointing Out I'm a Bigot is a Badge of Honour
It's almost as if he openly admits being a troll and is proud of it
Oracle's Debt Continues Rising to All-Time Highs, The "Slop Bubble" is a Smokescreen for Larry Ellison
wishful-thinking bubble waiting to implode completely
News on the Web is Becoming Rare, Shallow, and Difficult to Find
To efficiently and rapidly find original and important news without underlying comprehension/understanding of the news (and its context) is a hard task
Slopwatch: Linux Journal, Serial Slopper, WebProNews, and More
getting back into the habit
The Cocaine Patent Office - Part III: European Patent Office Officials Cannot Claim False Identification
Corroborating with other sources is always desirable if possible. We shall do so later in this series.
Facebook's Debt Leaps to Over 51 Billion Dollars
A lot of this is a bubble, aside from the bubble the media irresponsibly dubs "AI"
Still Catching Up, Daily Links a Top Priority
Readers who have additional information about the EPO can send it along to us
3 Days Ago Over at Tux Machines...
GNU/Linux news
Links 01/11/2025: "Americans Are Defaulting on Car Loans at an Alarming Rate" While Many Left to Starve (SNAP)
Links for the day
Gemini Links 01/11/2025: FIFO and Gemini Age Survey
Links for the day
Why Does German Media Protect the EPO From Accountability for Cocaine?
Can we trust such media to properly inform the public?
Most of This Month Will Deal With EPO Scandals
A timeline of sorts
Links 01/11/2025: Microsoft Azure Goes Offline Again
Links for the day
Links 01/11/2025: Microsoft Distributes Malware Again, Radio Free Asia Shut Down by Dictator
Links for the day
November is Here, Anniversary Party This Coming Friday
Expect this site to return to its normal publication pace either by tomorrow or Monday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 31, 2025
IRC logs for Friday, October 31, 2025
Gemini Links 01/11/2025: Synergetic Disinformation and Software Maintenance
Links for the day
IRC Proceedings: Thursday, October 30, 2025
IRC logs for Thursday, October 30, 2025
IRC Proceedings: Wednesday, October 29, 2025
IRC logs for Wednesday, October 29, 2025