Bonum Certa Men Certa

Patently-O's War on the Patent Trial and Appeal Board (PTAB) Continues

Patently-O or Trolly-O?

Trolly-O Patently-O



Summary: Patently-O stoops to the level of Watchtroll and becomes an attack dog at the service of patent parasites, trolls, and extremists

WRITING about the Court of Appeals for the Federal Circuit (CAFC) and the USPTO isn't a new thing at Patently-O; the constant PTAB bashing, however, is pretty new. We first took note of it earlier this year and since then we've written close to a dozen articles about it. This PTAB-bashing blog (a friend of patent trolls these days) conveniently omits briefs in support of PTAB. How much clearer can the bias get? Hardly a scholarly thing to do; it's more like lobbying. We know whose (or in whose favour).



"Hardly a scholarly thing to do; it's more like lobbying."There is a lot at stake right now because the Supreme Court is getting an opportunity to abolish or weaken PTAB -- something which we certainly don't hope (nor expect) it will do. There's also impending change of leadership at the USPTO. As Professor Robin Feldman from UC Hastings College of the Law put it in a message to IAM last week:

In the patent policy battles that have dominated recent headlines—patent trolling and PTAB challenges of pharma patents—Iancu is an unknown quantity. Having represented successful plaintiffs and successful defendants, patent holders and lawsuit targets, he brings the perspective of both sides of the table.

In addition, Iancu’s written works show a respect for software, along with scepticism of some of the judicial tests that allow patenting of software. In other words, at this point, he seems able to walk down the middle of the aisle.

For an incoming USPTO director, I would expect patent quality to be job #1. The USPTO has taken a beating over that topic, from the Government Accountability Office (GAO) report several years ago, from commentators and from policy makers. His background suggests a disciplined pragmatist, and I would expect that discipline to focus on quality of the product.


Notice the part there about software patents, which relate to Section 101/Alice. There are several dimensions of lobbying right now (at least 3), or angles attempted by the patent microcosm to thwart the Alice effect. They want software patents to be "great again".

"PTAB-bashing blogs like Watchtroll and Patently-O would have us believe that PTAB is crooked, but it's a financially-motivated lie."Jonathan Szarzynski‏ wrote: "Last week CAFC overturned Andrews killing Visual Memory on [Section] 101, yesterday he finds Acceleration Bay eligible."

A PTAB basher, J Nicholas Gross, used that to say: "That's what we get with "Alice in judicialland" precedent - completely random decisions" (they're not random at all, but the attempts to discredit PTAB now claim the judges to be crooked or incompetent, sometimes even "impotent").

PTAB-bashing blogs like Watchtroll and Patently-O would have us believe that PTAB is crooked, but it's a financially-motivated lie. We've noticed recently that Watchtroll and Patently-O work more closely together and link to each other. That says a lot about what happened to Patently-O, which was once a respected blog, unlike Watchtroll.

Recent Techrights' Posts

Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
 
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter