Bonum Certa Men Certa

Statistics About Patents in the US Are Encouraging as These Suggest Ongoing Improvements



Statistics based on hard facts tell a lot more than law firms with a financial objective and appeal to authority like "innovation" myths

Statistics



Summary: Activity at the Patent Trial and Appeal Board (PTAB) is up, the Federal Circuit is supportive of PTAB's activities, and patent trolls lose their patents (which is all they really have)

AT THE EPO there are severe issues that have been further exacerbated by an oppressive regime. At the USPTO, by contrast, things are improving (except for 'professional' litigators like patent trolls). How do we know? Just look at the hard numbers. The EPO is running out of patent applications (the number is decreasing) while granting them at an alarming rate which indicates sloppy (rushed due to pressure from management) examination. Contrariwise, numbers are up at the USPTO and examination becomes stricter. PTAB is getting involved.



"The Federal Circuit affirmed the PTAB on every issue in 219 (73.99%) cases," a very large law firm said the other day. That figure used to be ~79% in 2016 and early 2017 (maybe by a slightly different criterion or definition other than "on every issue"). But it's still very high. It means that in 3 out of 4 cases a high court fully justifies decisions made by PTAB. That's a very high affirmation rate and serves to prove PTAB's competence.

Here's one paragraph with some more statistics, which are hard for lawyers to manipulate because they're derived directly (and exhaustively, not from a cherry-picked sample) from the "data", which is unambiguous court decisions:

Through January 15, 2018, the Federal Circuit decided 296 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 219 (73.99%) cases, and reversed or vacated the PTAB on every issue in 34 (11.49%) cases. A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 31 (10.47%) cases.


Here's more: "Of the 296 PTAB appeals it has considered thus far, the Federal Circuit has issued Rule 36 affirmances in 136 (45.95%) cases. The court issued written opinions, including affirmances, reversals, dismissals, and mixed decisions, in 160 (54.05%) cases."

It's infeasible for this court to look into every single appeal and also issue a written decision/determination for each; we're talking about thousands per year! Overall, what we're seeing here is very good. Think of it as patents cleanup. They garden the database of patents, removing from it patents that simply do not belong there.

Here's another new bit of statistics: "Group 1600 patent challenges at the Patent Trial and Appeal Board hit an all-time high last year, reveals a report from Fish & Richardson."

Managing IP says "PTAB smashes record in 2017" (by "record" it means all-time high, in line with the overall trend at PTAB).

PTAB is worth guarding because it's under attack by the litigation 'industry'. Public support for PTAB is necessary and later in the weekend we'll say more about that.

Michael Loney has some more statistics about PTAB. "Petition filing at the Patent Trial and Appeal Board was up slightly in January," he wrote. PTAB sets new records every year, so this is hardly surprising. To quote:

In January 137 petitions were filed at the Patent Trial and Appeal Board (PTAB). This was up slightly on 134 in December 2016.

Last year, an average 149.9 petitions were filed a month.


Anticipat, which is clearly anti-PTAB, wrote that "January 29, 2018 was a very quiet day for ex parte appeals decisions at the PTAB. Especially as two of the four decisions were interference judgments. Here is the executive summary of the 4 issued decisions" (there's a picture/chart there).

Unified Patents, a firm which helps eliminate bad patents through PTAB, reported 3 days ago that it had gone after a troll which we wrote about a year ago. As Unified Patents put it: "On February 8, 2018, Unified, represented by Haynes and Boone, filed a petition for inter partes review (IPR) against U.S. Patent 9,462,074 owned and asserted by Sound View Innovations, LLC, a well-known NPE. The '074 patent, directed to "caching techniques to support streaming media storage and distribution in a network," has been asserted in multiple cases against such companies as Facebook and Hulu."

Unified Patents also goes after a Hailo patent (last mentioned here a year ago) and it is succeeding so far. To quote a post from 5 days ago:

On February 6, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims in an IPR filed by Unified against U.S. Patent 5,973,619, owned and asserted by Hailo Technologies, LLC, a subsidiary of Red Dragon Innovations, LLC and well-known NPE. The '619 patent, directed to a taxi dispatch and payment system, has been asserted in multiple district court cases against such companies as Uber and Lyft.


Notice how Unified Patents specifically targets patent trolls. Who would say that it's a bad thing? Only defenders of patent trolls, whom we'll name later in the weekend (they really hate Unified Patents).

Professor Risch, whom we respect (he used to write a lot about patent trolls), takes note of the latest data from Lex Machina. It's behind a sort of paywall (if you can afford it/willing to lose anonymity), but he summarises it as follows: "The @LexMachina year in review has a lot of useful data in it (and it reviews more than a year in a lot of areas) [...] Data from @LexMachina Report on Litigation shows that number of patent defendants sued was lowest in 10 years - lower than 2008 levels."

That is very good news. Litigation should only be a last resort, unless one is purely in the litigation 'industry' (as patent trolls are). Speaking of patent trolls, one of them blogged about the above data, noting that the "Eastern District of Texas still the top venue but new cases drop 48%" (consistent with what we saw and noted last year).

To quote:

“The Supreme Court’s decision on TC Heartland v. Kraft dramatically changed the landscape of U.S patent law by ending the dominance of Judge Rodney Gilstrap and the Eastern District of Texas and leveling the playing field for defendants,” said Owen Byrd, General Counsel and Chief Evangelist at Lex Machina. “Practicing patent law is now a whole new ballgame, with new districts, judges, law firms and attorneys rising to prominence – all of which underscores an even greater need for legal analytics to understand the behaviors and track records of opposing attorneys and presiding judges.”


Patent trolls are very concerned to be set adrift from the Eastern District of Texas, which they have become so reliant on ("reprehensible" people like Rodney Gilstrap).

Recent Techrights' Posts

[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
 
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work