Bonum Certa Men Certa

AIPLA, Watchtroll (the Trolls' Lobby) and Other Pressure Groups Are Still Trying to Eliminate/Weaken PTAB and Section 101

Related: IBM, IPO, AIPLA, ABA and Other Lobbying/Front Groups of the Patent Microcosm Are Trying to Change US Law for Software Patents

David Kappos as lobbyist
Lobbyists such as David Kappos are trying hard to destroy the integrity of the Office for the sake of the litigation 'industry'



Summary: The American Intellectual Property Lawyers Association (AIPLA), a front group of people who profit from mass litigation, is pressuring politicians and USPTO officials to reduce the quality of patents, remove barriers to frivolous lawsuits, and generally put the interests of prosecutors/trolls ahead of the interests of technologists

YESTERDAY we covered some of the good news regarding the USPTO, including the rumoured abolition of software patents, as a whole.



As we stated at the time, there's a reactionary lobby, namely that of the patent microcosm. Recent developments in the patent system may render them obsolete. It is important to see their reaction in order to better understand what they plan to do next.

AIPLA is a group of saboteurs who manipulate the law to encourage patent litigation (i.e. maximise profit for lawyers). That's litigation at our expense (for them to pocket).

The other day Managing IP published a long series of posts for AIPLA. These were all puff pieces, starting with this interview of AIPLA's president, who is described as "associate patent counsel at Johnson & Johnson, where she has worked since 2000. She joined AIPLA in 1995 and has done stints on the Professional Programs Committee, the Board of Directors (from 2004 to 2007) and the AIPLA Fellows."

So basically, AIPLA is now run by a massive multinational company and it is trying to water down Alice/Section 101, as the following part of the puff piece reveals:

Seeking consensus on Section 101

One example of AIPLA reconciling disparate views has been its work on patent eligibility under Section 101 of the Patent Act.

AIPLA executive director Lisa Jorgenson believes Section 101 problems remain the number one issue on members’ minds.

“Our members tell us that the Section 101 issue is still the most important issue for them,” says Jorgenson. “They are very concerned about the current uncertain state of the law. We believe this has discouraged investment in US-based research and development activities.”


In another post in this series they ask a loaded question ("When should the USPTO intervene in PTAB appeals?" is the headline) even though PTAB ought to work independently, just like the EPO's appeal boards (BOA). To quote: "The USPTO intervenes in less than a quarter of appeals of PTAB decisions to the Federal Circuit. Nathan Kelley, USPTO deputy general counsel for intellectual property law, recently shed some light on when and why the office chooses to do so" (it ought to stay out of it altogether).

The patent fanatics' groups (like AIPLA) are reportedly lobbying politicians to destroy PTAB (i.e. restore patent insanity) and they are looking for allies in Congress:

In speeches at the AIPLA annual meeting, Senators Patrick Leahy and Orrin Hatch listed a number of areas they are targeting in Congress, while Hatch said he was concerned about the effects of IPR proceedings on Hatch-Waxman cases


We are going to write more about that later on. The Patent Trial and Appeal Board (PTAB) is basically ensuring reduction in abusive litigation; there's nothing wrong with that unless one is in the business of litigation. Here we have one of Watchtroll's latest attacks on PTAB. which is yet another attack on technology itself. The trolls' lobby just hates science and labels those who actually do science "big tech infringers".

Meanwhile, as it turns out, in the above event there were pressuring the USPTO to stop PTAB. The term "PTAB improvements" was used, but by improvement they mean watering down. Here we have fanatical lobbyists pressuring USPTO to enrich them by weakening PTAB:

Joseph Matal, who is performing the duties of USPTO director, gave a speech discussing the Patent Trial and Appeal Board, including upcoming USPTO guidance on Aqua Products, how the precedential General Plastic opinion will reduce serial attacks on the same patent, the evolving 325(d) jurisprudence, and two PTAB cases he thought have a shot of being taken up by the Supreme Court


Matal has evidently come under great pressure from these lobbyists, having already seen how his colleague Michelle Lee got bullied out of her job. He is currently being sued as well (Aqua Products, Inc. v Matal among other cases and here's an update on that).

We certainly hope that PTAB won't be weakened or watered down. Given a growing number of petitions it ought to be expanded.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the 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
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day