Bonum Certa Men Certa

The Latest Attacks on PTAB Are Old News or Smears Recycled by Watchtroll et al.

An old newspaper



Summary: The attempts to tarnish the reputation of the Patent Trial and Appeal Board (PTAB), particularly because of Oil States at the US Supreme Court (SCOTUS), have reached pretty pathetic levels and endless repetition with sound bites like "kangaroo court" or "efficient infringement"

THE past week, based on our media survey, showed a rise in attacks on PTAB (compared to the prior week). We are guessing that these attacks will intensify as Oil States (SCOTUS decision) draws near. It's all about PTAB.



Watchtroll has been very late to the news this month. It was covering news from almost 3 weeks ago (e.g. Exmark, TiVo, and WesternGeco, which we mentioned before). Must be slow for them... very late to the news. But rest assured, Watchtroll will carry on with PTAB bashing. Not even anything new, just old stuff recycled.

"We are guessing that these attacks will intensify as Oil States (SCOTUS decision) draws near."There have been fewer attacks on PTAB lately (slowdown for the anti-PTAB lobby), so here comes Dennis Crouch complaining again about lack of opinions (to slow PTAB down). It wasn't just Crouch/Patently-O. Two anti-PTAB articles were published by Watchtroll on Monday and two more anti-PTAB articles came on on Tuesday, e.g. picking on the bogeyman Google (there are many cases/petitions every single day, so it's not hard to cherry-pick). Watchtroll carried on the following day (Wednesday). To us that just looks like lobbying at work, so we prefer not to link to all these examples. We're merely observing.

Another PTAB basher, "Patent Buddy", carried on with that anti-PTAB narrative, neglecting to note that PTAB is typically petitioned to deal with patents not at random; they take on some of the most problematic ones.

"...rest assured, Watchtroll will carry on with PTAB bashing. Not even anything new, just old stuff recycled.""On January 24," he wrote, "the PTAB affirmed Seven 101/Alice Rejections by Examiners and Denied One Request for Reconsideration. No 101 Rejections Were Reversed."

"On January 25," he later added, "the PTAB Published 8 Decisions on 101 Issues. 5 Decisions Affirmed Examiner Rejections. 1 Decision Affirmed in Part. 2 Decisions Reversed Examiners."

Here's one pertinent example of the exception: "PTAB Reversed 101 Rejection of Philips Patent Application for a Device for Measuring Vital Signs..."

The patent trolls recently joked that this is the sort of thing they deem to be a "win" and are celebrating. Here's more: "PTAB Reversed Examiner's Rejection of a Mechanical Device under 101..."

We're basically talking about a mere patent application here.

"Another PTAB basher, "Patent Buddy", carried on with that anti-PTAB narrative, neglecting to note that PTAB is typically petitioned to deal with patents not at random; they take on some of the most problematic ones."Paul Morinville and Watchtroll wrote that "PTAB has a kill [sic] rate of over 90%. Alice v. CLS Bank’s abstract idea is killing [sic] 67%."

That's good. It's not a "killing" or a "kill" (they try to make PTAB seem combative and aggressive).

Here's the context (more of that sickening drama about "innovation" which we've just rebutted):

Killing the fictitious patent troll has already strangled U.S. innovation in the cradle. All three branches of the government rapidly changed every aspect of the patent system to work against the small for the benefit of the large. Today, the PTAB has a kill rate of over 90%. Alice v. CLS Bank’s abstract idea is killing 67%.


"Paul Morinville and Watchtroll aren't exactly good with facts," I told Daniel Nazer (EFF) after he had responded as follows: "IP Watchdog claims that "bad patents" never get litigated. Okay, here are some bad patents that were: 6,368,268 6,415,207 6,529,725 6,612,985 6,633,900 6,763,299 6,795,918 6,817,863 6,904,359 7,064,681 7,113,110 7,119,716 7,400,970 7,899,713 7,986,426 8,788,090 9,013,334"

"There's a false assumption here that lawyers give the best advice; they often advise so to as to maximise their own profits and sell the most expensive 'products', e.g. lawsuits."See the reply from IAM: "If bad patents get litigated, the patent owner is being stubborn and/or is receiving bad advice. Crucially, by definition he/she/it will lose. The killer issue in the US is the cost of litigating and how costs are (not) allocated. [...] It's worth remembering that for deep pocket, efficient infringers the cost of US patent litigation - with the PTAB now thrown in - is a huge benefit."

I then responded to IAM: "And who's to say that bad advice isn't being given by selfish/greedy lawyers?"

There's a false assumption here that lawyers give the best advice; they often advise so to as to maximise their own profits and sell the most expensive 'products', e.g. lawsuits.

Recent Techrights' Posts

Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
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
 
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
[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