Bonum Certa Men Certa

Watchtroll is Back to Attacking Judges of the Patent Trial and Appeal Board (PTAB) Because It Can't Tolerate Justice

Gonzalo P. Curiel
Reference: Gonzalo P. Curiel



Summary: The attacks on judges at PTAB seem to be culminating again, perhaps mere weeks before the US Supreme Court delivers a decision regarding PTAB's patent review process (IPRs)

THE EPO became rather notorious for attacking judges, ignoring judges, and putting a politician (Battistelli) in the position of judge, jury and executioner. This, among other reasons, is why the UPC is dead. Watchtroll of course lobbies a lot for the UPC, probably more than anyone else in the US. UPC is basically a guarantee of sham 'justice', like court proceedings in a language that the defendant does not even understand.

"UPC is basically a guarantee of sham 'justice', like court proceedings in a language that the defendant does not even understand."The USPTO is now (after AIA) aided by judges, who assist examiners in the same way the appeal boards in the EPO help examiners. There's internal scrutiny in the form of the Patent Trial and Appeal Board (PTAB); it helps stop likely invalid patents before they reach a court, incurring huge costs to both plaintiff and defendant (lawyers obviously love such court battles, as they profit from these quite a lot for months if not years, hence they hate PTAB).

Watch this angry attorney blasting PTAB, saying that "PTAB shoots down IBM patent disingenuously under [Section] 101..."

Why disingenuously? This is what Section 101 is for (more on that in our next post). As he himself says and quotes, "algorithm not a technological improvement because "Appellants discovered a mathematical algorithm that uses computer memory in a conventional manner, but uses a relatively smaller amount of it." https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2017008135-03-07-2018-1 …"

"There's internal scrutiny in the form of the Patent Trial and Appeal Board (PTAB); it helps stop likely invalid patents before they reach a court, incurring huge costs to both plaintiff and defendant..."Yes, "mathematical algorithm" is abstract and thus invalid under Section 101. What's disingenuous about that? He fired off another ALL CAPS rant, quoting: "Further, claims involving data collection, analysis, and display are directed to an abstract idea." https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016003283-02-28-2018-1 …"

That makes perfect sense, yet he's furious that -- according to him -- "PTAB continues to distort caselaw" (hardly so! In fact, caselaw comes primarily from CAFC and SCOTUS, not PTAB).

Anyway, these sorts of rants have become so routinary and laughable. It's like a ritual, it's customary among patent maximalists, who keep reaffirming each others' beliefs if not desire to believe that PTAB is some sort of rogue court or kangaroo court or whatever. I recently quit following these people because I worried about their mental state. The ALL CAPS are becoming ever more frequent. We recently saw Professor Crouch making ridiculous cartoons of judges (cartoons that are also racist, potentially pertaining to a judge's Mexican heritage/ancestry). We're appalled and also somewhat surprised that even Crouch could stoop this low. His anti-PTAB posts have been rather one-sided and sometimes rude over the past year. Remember that this is a teacher and a scholar, so to behave like some sort of lobbyist is inadequate and unprofessional. Who does he work for? A university or patent maximalists?

"I recently quit following these people because I worried about their mental state. The ALL CAPS are becoming ever more frequent. We recently saw Professor Crouch making ridiculous cartoons of judges (cartoons that are also racist, potentially pertaining to a judge's Mexican heritage/ancestry)."PTAB is not a rogue court; it's not a kangaroo court, either. It's nothing like FISA/FISC for example. Look at the rejection/acceptance rates and bear in mind petitions target some of the worst of patents. Only a few days ago a press release was issued to say that "[t]he US Patent Office Patent Trial and Appeal Board recently ruled to uphold the validity of WaveForm Technologies Inc. patents in the emerging field of continuous glucose monitoring" (yes, PTAB sometimes defends patents too).

Here is another new example from Docket Navigator. PTAB may soon thwart another act of patent aggression, this time in Carlson Pet Products, Inc. v North States Industries, Inc.

There's a unique twist in this one case (hence Docket Navigator singled it out):

The court granted defendant's motion to stay pending its requests for ex parte reexamination and rejected plaintiff's argument that defendant was engaging in gamesmanship by not seeking inter partes review.


PTAB generally has very competent, technical people, who aren't only jurors but also jacks of many trades (like examiners). The same goes for judges at the EPO's Boards of Appeals. The Chief Judge at PTAB is himself a technical person. He routinely responds to bogus allegations against PTAB and himself, even as recently as a month ago.

Watchtroll great againWell, adding to a new/recent batch of judge-bashing attacks on PTAB, Watchtroll resumes its judge-bashing tirades. He has just published "PTAB Judges Shockingly Inexperienced Compared to District Court Judges" (improper comparison/s for a plethora of reasons).

"We certainly hope that judges at the USPTO (and the USPTO in general, examiners included) understand what they're dealing with here."This is far from the first time Gene Quinn attacks the intelligence of judges. Perhaps realising it would be used against him and the site, he published this response from PTAB's Chief Judge a couple of days later. "The USPTO has provided us with a comment from Chief Judge David Ruschke," Watchtroll wrote after he had once again attacked judges. Remember that it was mostly Watchtroll who repeatedly attacked the USPTO's Director, Michelle Lee. It even propped up truly ridiculous conspiracy theories about her.

We certainly hope that judges at the USPTO (and the USPTO in general, examiners included) understand what they're dealing with here. It's a little mind in an oversized body with an ego no smaller than that of Donald Trump. And if found to be wrong, smearing the judges is always an option on the menu.

Recent Techrights' Posts

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
[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
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
 
[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
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
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
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
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
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
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