12.25.17

Gemini version available ♊︎

The Federal Circuit (CAFC) is Doing a Good Job, Which Means It’s Hated and Mocked by the Patent Microcosm

Posted in America, Courtroom, Patents at 7:29 am by Dr. Roy Schestowitz

Recent: A High US Court (CAFC) Continues Rejecting Software Patents (Even of Microsoft’s Patent Trolls)

Sharon ProstSummary: Chief Judge Sharon Prost has turned the highest patent court below the Supreme Court into a decent court which respects the wishes of science and technology professionals (not law firms), which makes it the target of ridicule and criticism from law firms

THE Court of Appeals for the Federal Circuit (CAFC) has had a good year. As we said yesterday, CAFC helped eliminate software patents by consistently ruling against them this year. This will hopefully continue next year.

As one can expect, this makes patent maximalists rather hostile toward CAFC. A new sponsored ‘article’ (paid-for marketing) at IAM frames a good CAFC decision as injustice. “This decision is important for life sciences intellectual property,” it says, “and could significantly impact pharmaceutical compound patenting. Under this holding, existing claims to a large genus of antibodies are far more likely to be invalidated for lack of written description if challenged. ”

“Not only IAM keeps bashing CAFC.”Stop patenting life. It’s not an invention. It’s nature.

Not only IAM keeps bashing CAFC.

Crouch keeps writing about CAFC. When patents are associated with the actions of the controversial TSA, for example, Crouch says that one may “attribute TSA’s activities to the accused infringer Travel Sentry.”

He adds: “The problem with Tropp’s method claims is that they require both (1) supplying the special lock (done by Travel Sentry) and also (2) the TSA (“luggage screening entity”) using the provided master key. This is a problem because infringement ordinarily requires a single-entity who practices (or controls the practice) of every step of a method claim. Here, Travel Sentry performs step-1, but not step-2.”

“So patents are again being leveraged against the government itself. And the plaintiff loses. Again.”The context of it is worth considering; we now see patents creeping into the public sector which is funded by taxpayers. It may therefore relate to privatisation and protectionism with nepotism.

On another day Crouch wrote about American Innotek v US (CAFC). “The lawsuit here is against the U.S. government,” he said, and “as such, it was filed in the U.S. Court of Federal Claims without right to jury trial, punitive damages or injunction. At the CFC, the court held the patent invalid – finding it obvious even as of its 1989 priority date. On appeal, the Federal Circuit has affirmed, although only after rejecting the lower court’s misapplication of obviousness law.”

So patents are again being leveraged against the government itself. And the plaintiff loses. Again.

Let’s remember what patents exist for and who for. They’re not supposed to just cushion the business model of ‘career litigators’.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Gemini Milestones and Growth (Almost 2,000 Known Gemini Servers Now, 39,000 Pages in Ours)

    The diaspora to Gemini Protocol or the transition to alternative 'webs' is underway; a linearly growing curve suggests that inertia/momentum is still there and we reap the benefits of early adoption of Gemini



  2. [Meme] Get Ready for Unified Patent Court (UPC) to be Taken to Court

    The Unified Patent Court (UPC) and Unitary Patent system that’s crafted to empower EPO thugs isn’t legal and isn’t constitutional either; even a thousand fake news 'articles' (deliberate misinformation or disinformation) cannot change the simple facts because CJEU isn’t “trial by media”



  3. The EPO Needs High-Calibre Examiners, Not Politicians Who Pretend to Understand Patents and Science

    Examiners are meant to obstruct fake patents or reject meritless patent applications; why is it that working conditions deteriorate for those who are intellectually equipped to do the job?



  4. Free Software is Greener

    Software Freedom is the only way to properly tackle environmental perils through reuse and recycling; the mainstream media never talks about it because it wants people to "consume" more and more products



  5. Links 25/1/2022: Git 2.35 and New openSUSE Hardware

    Links for the day



  6. IRC Proceedings: Monday, January 24, 2022

    IRC logs for Monday, January 24, 2022



  7. Links 25/1/2022: GPL Settlement With Patrick McHardy, Godot 4.0 Alpha 1, and DXVK 1.9.4 Released

    Links for the day



  8. Proprietary Software is Pollution

    "My daughter asked me about why are we throwing away some bits of technology," Dr. Andy Farnell says. "This is my attempt to put into words for "ordinary" people what I tried to explain to a 6 year old."



  9. Microsoft GitHub Exposé — Part XV — Cover-Up and Defamation

    Defamation of one’s victims might be another offence to add to the long list of offences committed by Microsoft’s Chief Architect of GitHub Copilot, Balabhadra (Alex) Graveley; attempting to discredit the police report is a new low and can get Mr. Graveley even deeper in trouble (Microsoft protecting him only makes matters worse)



  10. [Meme] Alexander Ramsay and Team UPC Inciting Politicians to Break the Law and Violate Constitutions, Based on Misinformation, Fake News, and Deliberate Lies Wrapped up as 'Studies'

    The EPO‘s law-breaking leadership (Benoît Battistelli, António Campinos and their corrupt cronies), helped by liars who don't enjoy diplomatic immunity, are cooperating to undermine courts across the EU, in effect replacing them with EPO puppets who are patent maximalists (Europe’s equivalents of James Rodney Gilstrap and Alan D Albright, a Donald Trump appointee, in the Eastern and Western Districts of Texas, respectively)



  11. Has the Administrative Council Belatedly Realised What Its Job in the European Patent Organisation Really Is?

    The "Mafia" which took over the EPO (the EPO's own workers call it "Mafia") isn't getting its way with a proposal, so it's preventing the states from even voting on it!



  12. [Meme] Team UPC is Celebrating a Pyrrhic Victory

    Pyrrhic victory best describes what's happening at the moment (it’s a lobbying tactic, faking/staging things to help false prophecies be fulfilled, based on hopes and wishes alone), for faking something without bothering to explain the legal basis is going to lead to further escalations and complaints (already impending)



  13. Links 24/1/2022: Scribus 1.5.8 and LXLE Reviewed

    Links for the day



  14. IRC Proceedings: Sunday, January 23, 2022

    IRC logs for Sunday, January 23, 2022



  15. [Meme] Team UPC Congratulating Itself

    The barrage of fake news and misinformation about the UPC deliberately leaves out all the obvious and very important facts; even the EPO‘s António Campinos and Breton (Benoît Battistelli‘s buddy) participated in the lying



  16. Links 24/1/2022: pgBadger 11.7 Released, Catch-up With Patents

    Links for the day



  17. The Demonisation and Stereotyping of Coders Not Working for Big Corporations (or 'The System')

    The war on encrypted communication (or secure communications) carries on despite a lack of evidence that encryption stands in the way of crime investigations (most criminals use none of it)



  18. On the 'Peak Hacker' Series

    Hacker culture, unlike Ludditism, is ultimately a movement for justice, for equality, and for human rights through personal and collective emancipation; Dr. Farnell has done a good job explaining where we stand and his splendid series has come to a close



  19. Links 23/1/2022: First RC of Linux 5.17 and Sway 1.7 Released

    Links for the day



  20. Peak Code — Part III: After Code

    "Surveillance perimeters, smart TVs (Telescreens built to Orwell's original blueprint) watched over our living rooms. Mandatory smart everything kept us 'trustless'. Safe search, safe thoughts. We withdrew. Inside, we went quietly mad."



  21. IRC Proceedings: Saturday, January 22, 2022

    IRC logs for Saturday, January 22, 2022



  22. Links 23/1/2022: MongoDB 5.2, BuddyPress 10.0.0, and GNU Parallel 20220122

    Links for the day



  23. A Parade of Fake News About the UPC Does Not Change the General Consensus or the Simple Facts

    European Patents (EPs) from the EPO are granted in violation of the EPC; Courts are now targeted by António Campinos and the minions he associates with (mostly parasitic litigation firms and monopolists), for they want puppets for “judges” and for invalid patents to be magically rendered “valid” and “enforceable”



  24. Welcome to 2022: Intentional Lies Are 'Benefits' and 'Alternative Facts'

    A crooks-run EPO, together with the patent litigation cabal that we’ve dubbed ‘Team UPC’ (it has nothing to do with science or with innovation), is spreading tons of misinformation; the lies are designed to make the law-breaking seem OK, knowing that Benoît Battistelli and António Campinos are practically above the law, so perjury as well as gross violations of the EPC and constitutions won’t scare them (prosecution as deterrence just isn’t there, which is another inherent problem with the UPC)



  25. From Software Eating the World to the Pentagon Eating All the Software

    “Software is eating the world,” according to Marc Andreessen (co-founder of Netscape), but the Empire Strikes Back (not the movie, the actual empire) by hijacking all code by proxy, via Microsoft, just as it grabbed a lot of the world’s communications via Skype, bypassing the world's many national telecoms; coders need to fight back rather than participate in racist (imperial) shams such as GitHub



  26. Links 22/1/2022: Skrooge 2.27.0 and Ray-Tracing Stuff

    Links for the day



  27. IRC Proceedings: Friday, January 21, 2022

    IRC logs for Friday, January 21, 2022



  28. Peak Code — Part II: Lost Source

    "Debian and Mozilla played along. They were made “Yeoman Freeholders” in return for rewriting their charters to “work closely with the new Ministry in the interests of all stakeholders” – or some-such vacuous spout… because no one remembers… after that it started."



  29. Links 22/1/2022: Ubuntu MATE 21.10 for GPD Pocket 3, MINISFORUM Preloads GNU/Linux

    Links for the day



  30. Computer Users Should be Operators, But Instead They're Being Operated by Vendors and Governments

    Computers have been turned into hostile black boxes (unlike Blackbox) that distrust the person who purchased them; moreover, from a legislative point of view, encryption (i.e. computer security) is perceived and treated by governments like a threat instead of something imperative — a necessity for society’s empowerment (privacy is about control and people in positions of unjust power want total and complete control)


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

Recent Posts