Bonum Certa Men Certa

Richard Epstein From a Koch-Funded Think Tank Attacks PTAB Because PTAB Squashes Weak Patents That Only Exist for Protectionism and Offense

Under the guise of 'small government' or 'limited government' (the slant used by billionaires to thwart regulations)

Richard Epstein
Richard Epstein's bio above. Basically a serial lobbyist for keeping the government from intervening in the business affairs of plutocrats like the Koch Brothers (serial polluters).



Summary: A think tank of the Koch Brothers, typically known as "Fed Soc" (a misnomer), is the latest example of corruption/perturbation of the law by billionaires; they are not happy to see patent quality being improved or the threshold/bar raised

EARLIER THIS year we wrote about how and why the Koch Brothers are attacking the Patent Trial and Appeal Board (PTAB). Earlier today we wrote about one of their 'scholars', who are basically just drinking off billionaires' duds in exchange for corrupt (paid-for) 'research'. Right now, for example, their eyes are set on Congress, the Supreme Court, and the USPTO. This isn't "normal" and it is definitely not "acceptable". What we have here is a bunch of billionaires just trying to virtually if not literally 'buy' the law. We also know what they want: more for themselves and less for everyone else. They want protectionism, tax cuts, relaxation of regulations and so on.

Watch how villainous staff of theirs (bio above, showing direct affiliation) fires away another very long rant about PTAB. We know who's paying for this and it's not Richard Epstein's pro bono endeavour. "MUST READ by Richard Epstein," a patent maximalist called it, latching onto a think tank (or AstroTurfing for billionaires) because that suits his personal agenda. To quote the concluding words:

Oil States gives the Supreme Court the chance to stop a process that has already run off the rails. And if it does not, Congress should take steps to restore the proper constitutional balance.


Epstein also writes for SCOTUS Blog, which actually raises all sorts of questions about Koch influence over the Supreme Court. Is everything up for sale? Even the law or court rulings? It's no secret that SCOTUS Blog has a special relationship with SCOTUS itself, as noted several times in the past (ethical questions brought up).

We already know why these people want PTAB squashed (for example by influencing the outcome of Oil States). Charles Bieneman, for example, has just covered this new district court decision (mentioned here a few days ago) that very obviously involves software patents (clearly a bunk/bogus patent). To quote: "Claims reciting a “method of playing back a recorded signal” are “directed to the [patent-ineligible] abstract idea of choosing to playback media with or without playback preferences,” held the court in D&M Holdings, Inc. v. Sonos, Inc., No. 16-141-RGA (D. Del. Feb 16, 2018). The court thus granted summary judgment of invalidity under 35 U.S.C. €§ 101 of U.S. Patent No. 7,995,899."

This is more of what we've become accustomed to. Here's a new PTAB example (not even court):

In constructing a term in the independent claim in the inter parte review of Kranos Corporation v. Riddell, Inc., (Case IPR2016-01649, Final Written Decision on Feb. 7, 2018), the Patent Trial & Appeals Board rejected the application of the doctrine of claim differentiation based on a clear definition of the term that was provided in the specification.

[...]

This is another example of how clear definitions and consistent use of those definitions can be beneficial for claim construction. This case can be compared to another recent post in which a district court did apply the doctrine of claim differentiation to determine the broadest reasonable interpretation of a claim term.


Another site, this one dedicated to PTAB matters, is now cherry-picking to find those very rare cases where appealing a PTAB ruling results in anything but more lawyer fees. Remember that they profit from appeals too, which they oversell as it's another "transaction" for them.

Here's this exception:

Obtaining a remand on an appeal from the Patent Trial & Appeal Board (PTAB) is of course a win for the Patent Owner, but may result in an ultimate loss when the case is revisited at the PTAB. The Feb. 12, 2018 Federal Circuit opinion, In Re Hodges, No. 2017-1434, (Fed. Cir. Feb. 12, 2018), highlights the importance of anticipating appellate review when developing the IPR record and choosing response strategies during patent prosecution to put the Patent Owner in the best position possible for a full reversal of the PTAB’s decision rather than a remand.


What's currently at stake at Oil States is AIA/PTAB/IPRs but more precisely the authority of PTAB to invalidate patents that were granted (potentially years beforehand). If the lobbying of the Koch Brothers (they're not alone in this) succeeds, there's danger to PTAB's very existence. It's therefore important to point out where the money comes from and why. These people (Kochs) couldn't care any less about the quality of patents; it's not even an ideological question to them as it's mostly about the government's ability to take back what they deem 'private' 'property' 'rights' (it's none of these things). They disguise themselves as Libertarian, but what they really stand for is limitless greed and absence of regulations.

Recent Techrights' Posts

[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
 
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
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?
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
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day