Bonum Certa Men Certa

When You Cannot Win the Case Attack the Judge and Say the Decision is Wrong

Watchtroll calls Oil States (et al) a "mistake", having attacked jurists and courts for years

Some court



Summary: The US Supreme Court's (SCOTUS) decision invited polite feedback from technology firms and geeks; the same cannot be said about law firms, which are accustomed to acting like bullies that send legal threats to companies

THE Oil States decision is irrevocable. It cannot be appealed. It's a done deal. This is a concept that scares patent maximalists, who are running out of tricks and strategies. No matter what they are trying, PTAB continues to attract more petitions over time. The maximalists haven't even been successful at slowing it down, e.g. with increase in fees (implemented under Matal). Seeing the maximalists squirm is enjoyable to us, having received threats from them over the years. They're bullies. They're vile.



"Seeing the maximalists squirm is enjoyable to us, having received threats from them over the years. They're bullies. They're vile."Two days ago Sanjeev Mahanta wrote for Watchtroll, which is nowadays looking for other, newer tricks for avoiding/bypassing PTAB. The patent "scam" of Allergan failed and SCOTUS ruled on Oil States in line with the US Constitution. PTAB is basically doing no wrong and it can carry on indefinitely; don't expect similar cases to be (re)visited by the Justices any time soon; it would be a waste of this court's time. They also touch nothing like Alice. There's no point. None. Alice was pretty clear about vagueness of particular patents. Mahanta's post is titled "Federal Circuit to decide if licensing agreement can prevent validity challenge at PTAB," but it seems like a very long shot and this court's decisions on patents are so many that whatever the outcome might be, it will have a 'shelf life' of just days if not weeks. On rare occasions these decisions are recalled for a few months. Then everyone forgets about them and moves on (not the case with Alice, Mayo, TC Heartland and so on).

We were actually amused to see that Watchtroll published 3 articles in just 5 hours about the Oil States decision. Yes, 3 article, all about the very same topic. They were in 'damage control' mode, looking to distort the narrative as early as possible. Seeing the totally incomprehensible mumbo jumbo that was going on inside their minds truly made our week. They just don't know what to do. They didn't know what to say. Steve Brachmann, who is neither technical nor legally-qualified (hired as merely a writer), said that the "Supreme Court Issues Much Anticipated Oil States and SAS Decisions" ("much anticipated" as in "everything is under control!"). This outcome was anticipated and expected, too.

"It's one thing to accuse judges of corruption (like secretly working for a defendant/plaintiff and sometimes accepting a bribe) but another thing altogether to bash judges for their views or facts-based decisions.""SCOTUS applied the public rights doctrine to the government’s grant of a patent, finding that patent validity trials need not take place in an Article III court nor did they violate the Seventh Amendment," Watchtroll wrote.

But that was not enough. Brachmann's 'master' (the site's founder) then jumped in. "While there has been much optimism due to the arrival of USPTO Director Andrei Iancu and his recent speeches signaling he understands the U.S. patent system must move along a different path, it is impossible to think that one man will be able to correct the collective mistakes of 535 elected Members of Congress and 9 ivy league educated jurists who seem convinced that forfeiting America's patent system is somehow what the Constitution demands," wrote a later article, implicitly casting the Supreme Court's decision as a "mistake".

It's one thing to accuse judges of corruption (like secretly working for a defendant/plaintiff and sometimes accepting a bribe) but another thing altogether to bash judges for their views or facts-based decisions. Watchtroll has quite a reputation for judge-bashing rhetoric, sometimes even demanding that judges step down or get fired. This is ugly.

"IPRs are formally constitutional, as per the US Constitution."A third article called the patent 'industry' (not a real industry) just "industry". It's a stack of self-serving quotes from the patent microcosm and patent aggressors. Hardly a reflection of views or consensus among the practicing (or producing) industry. Watchtroll‏ has already attacked the courts, so why not go further? On Wednesday Watchtroll published its latest anti-PTAB spin: "Despite Oil States, Inter Partes Review May Still Be Held Unconstitutional" (the exact opposite of what just happened).

Keep wishing, spin doctors. James Carmichael and Brad Close (in this particular case) were looking for loopholes, e.g.: "What was unfortunately never addressed in Oil States, and which the court specifically left the door open for, was that patents rights are still property rights for the purpose of Due Process–the inference being that IPRs may fail under the Due Process or Takings Clause."

So what do they intend to do? Appeal the decision of SCOTUS? They cannot. It's over. Case closed. IPRs are formally constitutional, as per the US Constitution. Get over it.

Recent Techrights' Posts

Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
 
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market