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

Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
 
Links 22/05/2024: Pixar Layoffs and More Speculation About Microsoft Shutdowns/Layoffs (Ninja Theory)
Links for the day
Gemini Links 21/05/2024: Caesar II for MS-DOS and Reinventing the Assertion Wheel
Links for the day
Internal Memos/Communications Hinting at "a New, But Masked, Round of Layoffs" at Red Hat
A negative outlook heads of a long weekend
Nigeria: Windows Down to 6%, Android at All-Time High of 77%
Google is becoming the "new monopoly" in some places
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day