Bonum Certa Men Certa

Growth in Petitions Against Questionable Patents (PTAB IPRs) and Patent Trolls' Migration to China

In spite of fee hikes, inter partes reviews (IPRs) are still up

Shanghai road



Summary: The United States is saying goodbye to a lot of the nuisance which held back development of good products; there's meanwhile a reported surge in patent litigation in China (up as much as 85% in Guangdong)

The Patent Trial and Appeal Board (PTAB) is seeing work being shifted to it from what otherwise might have been court battles. This is good because it keeps disputes within the realms of the USPTO, hence less expensive (favours the interests of relatively small firms which are easy target/prey to trolls). Attempts to use the Supreme Court’s SAS Institute v Iancu to slow down PTAB (giving it more workload) aren't succeeding. The patent maximalists have just said this:

Chief Judge Ruschke reveals 44% of pending cases were not instituted on all grounds and that the Board has already granted more than a dozen extensions to trials in response to SAS


"CAFC [the Federal Circuit] Determines No Requirement To Reopen Non-Instituted Claims Post-SAS" however, according to Josh Landau, who 3 days ago wrote this:

PGS owns a patent on certain techniques for marine seismic surveying.

In November 2014, WesternGeco challenged the validity of PGS’s patent at the Patent Trial and Appeal Board (PTAB). The PTAB instituted IPR on some, but not all, of the PGS patent’s claims. WesternGeco settled out of the IPR, but the PTAB continued the IPR. In June 2016, the PTAB invalidated some of the claims on which it had instituted the IPR.

PGS appealed the PTAB’s final decision to the Federal Circuit, and the case was argued in April of 2018, a week after the SAS opinion was handed down.

Faced with the question of whether to reopen claims where institution was denied, the Federal Circuit determined that there was no reason (particularly where no party requested it) to reopen those claims, and that it was permissible to deal with only the claims that the PTAB actually decided.


We're going to revisit this separately later today (in relation to more relevant an argument/context).

"...It's up an incredible 85% in Guangdong; good for patent lawyers, but we know at whose expense."In the meantime, statistics speak for themselves. Instead of filing patent lawsuits, based on these numbers, people and firms now file complaints about bogus patents to be invalidated by the USPTO (which wrongly granted these). To quote:

Post-Oil States PTAB filing increases while district court patent case filing slumps to lowest figure this year

Patent Trial and Appeal Board petition filing was up in May while district court patent case filing slumped.


PTAB is becoming the big scene with all the action. Soon, according to this morning's post, "Patent Trial and Appeal Board (PTAB) Judges Kalyan Deshpande, Susan Mitchell, and Michael Zecher will provide an explanation of Board jurisdiction, rules, and proceedings, and then lead a discussion on practice tips for successful oral and written advocacy in the PTAB forum."

Where have all the trolls gone? Some of them moved to China. As Jacob Schindler from the patent trolls' lobby (IAM) put it just before the weekend, in China "the number of first instance patent cases grew by nearly 30% year-on-year to about 16,000 in 2017. The Supreme People’s Court (SPC) reports that more than half of this activity took place in the three key regions that are home to specialised IP courts – Beijing, Shanghai and Guangdong."

It's up an incredible 85% in Guangdong; good for patent lawyers, but we know at whose expense. China's embrace of patent maximalism is a shot in its own foot.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
 
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day