EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

03.08.16

The Federal Circuit, a So-called ‘Court’, Increasingly Refuted by US Courts and the Appeal Board (PTAB)

Posted in America, Patents at 7:09 am by Dr. Roy Schestowitz

Sanity fights its way back into a system which is dominated by large corporations and trolls-leaning ‘think tanks’

CAFC corruption
The above [1, 2, 3, 4] are symptoms of a much broader and systemic problem

Summary: The US Federal Circuit (initiator of software patents), or “CAFC” as it’s commonly referred to, gets increasingly involved in patent cases and spreads its bias on such matters in ways that even patent professionals find dubious

“The data released from the USPTO in its annual report shades the truth somewhat,” wrote Patently-O yesterday. “but includes a number of important signals.”

“The Federal Circuit may as well just become synonymous with or renamed to Federal Patent Court.”The EPO‘s report also shaded the truth. That’s what these self-serving (and not independent) reports do. In the case of the USPTO — as is increasingly the case under Battistelli at the EPO — only numbers count, not quality. The integrity of the processes (notably examination) is severely compromised in the name of short-term monetary gains. This is not acceptable.

Another new article from Patently-O says that “the Court of Appeals for the Federal Circuit (“CAFC”) hears patent appeals, but some readers may be surprised when told that the CAFC also hears, inter alia, appeals from the Court of Appeals for Veterans Claims (“CAVC”).”

Techrights spent years writing about the Federal Circuit, which is rife with corruption and patent maximalism, including software patents which originally came about from there. Anything that gives CAFC even more power would put at risk the entire system. Patently-O says that the “Federal Circuit Now Receiving More Appeals Arising from the PTO than the District Courts”. It’s all about patent feuds now. Good for patent lawyers, not for anybody else except their biggest clients (large corporations). “Appeals arising from district court patent infringement cases,” wrote Patently-O, “have historically made up about a third of the court’s docket. In 2011, for example, appeals from the district courts constituted 33% of appeals filed, while appeals from the PTO were about 9%.”

The Federal Circuit may as well just become synonymous with or renamed to Federal Patent Court. Here is a patent lawyer (from Troutman Sanders) writing about CAFC, bemoaning the Patent Trial and Appeal Board (PTAB), as usual, as PTAB helps crush software patents. To quote one paragraph, “Judge Newman wrote in dissent that the PTAB’s interpretation runs afoul of the AIA’s intent to create an efficient alternative forum for resolving patent disputes, since a failure to resolve all claims before the PTAB leads to duplication in district court.”

Actually, the district courts would not be needed if the USPTO properly did its job in the post-Alice era and PTAB completed the job by throwing in the trash invalid (e.g. abstract) patents that the USPTO erroneous of fraudulently (for personal gain) granted. Years ago we noted that the USPTO had been giving financial incentives to accept patent applications rather than reject/decline them. What kind of system is that? Is there any illusion left of objectivity?

MIP, another patent maximalism site, wrote yesterday about “PTAB issues to watch in 2016″. It said that the “Patent Trial and Appeal Board is taking a harder line on institution, while PTAB watchers eagerly await a face-off at the Supreme Court over claim construction and the Federal Circuit increasingly pulls the Board up on procedural issues” (SCOTUS has already issued its judgment on that in the Alice case).

Writing about CAFC, Patently-O says that “In a split decision [it] has again rejected a jury verdict” (so much for justice). “Here,” said the author, “the alleged infringing meters are designed to be bolted down to exterior walls and left in place for years. Of course, it is fairly easy for an electrician to move these meters and install them, but they are designed to operate in a fixed location once installed. The majority ruled that the best (and only reasonable) construction of the term involves both of these requirements (portability and non-permanent location).”

“Decades after CAFC brought all sorts of ludicrous patents to the US (notably software patents) they seem to be fading or ebbing away.”Another new Patently-O post by Dennis Crouch says: “In an interesting and important mandamus ruling, the Federal Circuit has ordered the district court to withdraw its order compelling discovery of communications with non-attorney patent agents.”

The Federal Circuit sure isn’t doing much to improve its image. It engages not only in its own turf wars but also others’. Consider some belated comments on the recent Lexmark case (EN | ES) that appear in patent maximalism blogs [1, 2]. It increasingly seems like CAFC is so biased that it merely works for corporations, not for justice.

“US courts have become much more defendant friendly,” wrote a software patents proponent yesterday, “district courts routinely find against plaintiffs asserting patents – particularly NPEs [patent trolls] – and if they don’t the Federal Circuit (CAFC) often overturns district court judgments.”

This patent maximalist, Joff Wild, basically bemoans courts which don’t support software patents (the trolls’ favourite weapon) and he adds: “Specific decisions from the Supreme Court – Alice, Myriad and Mayo, for example – have had a direct impact on patentability in areas such as software, biotech and business methods.”

This is of course a good thing. Decades after CAFC brought all sorts of ludicrous patents to the US (notably software patents) they seem to be fading or ebbing away. Patent maximalists (which include patent lawyers) won’t tolerate this defeat. Neither will CAFC.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 17/1/2017: GIMP Plans, New Raspberry Pi Product

    Links for the day



  2. Resumption of EPO Propaganda ('Meet the President') Officially Starts Tomorrow

    Yet another one of these foolish 'Meet the President' stunts, scheduled to take place tomorrow morning



  3. Caricature: Battistelli's New Year's Resolution (More EPO Lies)

    The latest cartoon being circulated within the European Patent Office (EPO)



  4. Donald Trump Gives New Hope to Patent Aggressors and Patent Trolls

    Pessimism about the prospects of patent progress or patent reform in an age of staunchly pro-business Conservatives and glorification of protectionism



  5. More Fake News About the Unified Patent Court (UPC) Based on Lobbying Tactics From Bristows UPC and the Preparatory Committee

    Unified Patent Court (UPC) lobbying has gotten so bad that it now infiltrates general media outlets, where people are asked to just blindly assume that the UPC is coming and is inevitable, even though it's clearly in a limbo and is unlikely to see the light of day



  6. EPO Totally Silent for a Month, But Deep Inside There Are Serious Cracks

    The situation at the EPO seems to be pretty grim, even at the top-level management, and the EPO has gone into permanent silence mode



  7. Links 16/1/2017: Linux 4.10 RC4, Linux Mint 18.1 'Serena' KDE Edition Beta

    Links for the day



  8. 'Financial Director' Publishes Fake News About the Unitary Patent (UPC)

    Response to some of the latest UPC propaganda, which strives to misinform Financial Directors so as to enrich the author and his firm



  9. Independent and Untainted Web Sites About Patents Are Still Few and Rare

    Commentary about news sources that we rely on, as well as the known pitfalls or the vested interests deeply ingrained in them



  10. The 20% Rule: Patent Trolling Suffers Double-Digit Declines and Patent Troll Technicolor is Collapsing

    Significant demise or total catastrophe for the modus operandi (method) of going after companies with a pile of patents and threats of litigation



  11. US Supreme Court Did Not End Apple's Patent Disputes Over Android (Linux), More Cases Imminent

    An overview of some very recent news regarding the highest court in the United States, which has been dealing with cases that can determine the fate of Free/Open Source software in an age of patent uncertainty and patent thickets surrounding mobility



  12. Links 15/1/2017: Switching From OS X to GNU/Linux, Debian 8.7 Released

    Links for the day



  13. Number of New Patent Cases in the US Fell 25% Last Year, Thanks in Part to the Demise of Software Patent Trolls

    Litigation and prosecutions that rely on patents (failure to resolve disputes, e.g. by sharing ideas, out of court) is down very sharply, in part because firms that make nothing at all (just threaten and/or litigate) have been sinking after much-needed reform



  14. America Invents Act Improved Patent Quality, But Right Wingers Threaten to Make It Worse Again

    The past half a decade saw gradual improvement in assessment of patents in the United States, but there is a growing threat and pressure from the patent microcosm to restore patent maximalism and chaos



  15. PTAB -- Not Deterred by Courts -- Continues to Invalidate a Lot of Software Patents

    The Patent Trial and Appeal Board (PTAB) continues to make progress reforming the patent system by eliminating a lot of patents and setting an example (or new standards) for what is patent-eligible after Alice



  16. EPO Abuses Come Under Fire From Politicians in Luxembourg

    Luxembourg is the latest nation in which concerns about the EPO's serious abuses are brought up not only by the media but also by politicians



  17. Constitutionality as a Barrier and Brexit Barriers to UPC Keep the Whole Pipe Dream Deadlocked

    The UPC is still going nowhere fast, but the demise (or death) of the UPC as we know it must not be taken for granted



  18. Links 14/1/2017: Wine 2.0 RC5 and AryaLinux 2017 Released

    Links for the day



  19. Links 13/1/2017: Linux 4.9.3 and Linux 4.4.42

    Links for the day



  20. Brexit Means No UPC (Unified Patent Court)

    Now that Jo Johnson, Boris Johnson's brother, is officially declared the new minister for intellectual property in the UK everything that Lucy Neville-Rolfe wrote is as solid as paper bag on a rainy London day



  21. Patent Trolls and Software Patents: CloudTrade, Patent Practitioners Density, and Via Licensing

    Software patents armament from a British company, charted concentration of the patent microcosm in the United States, and US-leaning patent trolls that prey on China



  22. Patent Maximalism -- Like Copyright Maximalism -- Relies on Misconceptions and Mass Deception

    The latest examples of discussions about patent scope, courtesy of those looking to benefit financially by pushing such monopolies to the max



  23. Software Patents Still Promoted by IBM and Its Lobbyist (and Former Employee) David Kappos, in Defiance of Much-Needed US Patent Reform

    While the corporate media celebrates IBM as though it's some kind of 'champion' for hoarding patents that it then uses to attack companies which actually grow



  24. Brexit/Trump Effect: Patent Systems With Institutional Corruption and Nepotism

    Rumours about Britain's head of patents (and copyrights etc.) being the brother of the Brexit campaigner and Foreign Minister; meanwhile, on the other side of the Atlantic, rumours suggest that the corrupt judge Rader might be the next head of patents in the United States



  25. Links 11/1/2017: X.Org Server 1.19.1, GitHub's Atom 1.13

    Links for the day



  26. The Patent Microcosm is Already Sucking up to Donald Trump in an Effort to Enrich Itself at Everyone's Expense

    Four new examples of patent maximalists embracing/adopting the pseudo-populist slogan to advance their goals of increasing litigation (which they profit from) and undermining PTAB (which made patents great in the quality sense)



  27. Patent Quality in the United States Can Only be Assessed at the Patent Trial and Appeal Board (PTAB) and the Courts

    The travesty of patent offices in the US and China, where the goal or the accomplishment is measured in terms of the number of patents rather than their quality



  28. Gradual Collapse of Microsoft's Extensive (and External) Patent Trolling Operations

    The President of Microsoft Technology Licensing LLC (patent troll) leaves and the founder of Intellectual Ventures, Microsoft's largest peripheral patent troll, joins Sherpa Technology



  29. No End to Battistelli's Witch-hunts Against the Media, Against Staff, and Against Politicians

    Rumours about the fate of people who are (or have been) criticising Battistelli's reign of terror at the EPO



  30. Links 10/1/2017: Synfig 1.2, Kodachi Linux 3.7

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts