Bonum Certa Men Certa

Forward Pharma an Example of the Devastating Effect of Granting Patents in Error -- A Problem Appeal Boards Must Correct

When examiners make errors someone will need to correct these, but at what (and whose) cost?

Forward PharmaSummary: When companies live or die based on their patents the quality of patent examination is ever more crucial; the US seems to be finally getting it, whereas the EPO (Europe) reaches for the bottom of the barrel

EARLIER THIS year Forward Pharma's shares crashed due to low patent quality at the EPO (as Battistelli had sabotaged examination), which means that patents get granted in error and then the Opposition Division corrects it. Sometimes.

Forward Pharma's value was nearly halved overnight; now they appeal to the Boards, the Technical Board of Appeal in this case, having just issued this press release:

Forward Pharma A/S (Nasdaq:FWP) ("We" or "Forward" or the "Company"), today announced the filing of a notice of appeal of the decision of the Opposition Division of the European Patent Office (the "EPO") that revoked EP2801355 (the "'355 patent"), written reasons for which were received on March 22, 2018. The notice was filed to the Technical Board of Appeal (the "TBA") of the EPO.

"With the notice of appeal filed, we officially initiate the process to get the decision of the Opposition Division overturned and have the ‘355 patent reinstated," said Dr. Claus Bo Svendsen, Chief Executive Officer of Forward.


"Over in the United States things have been improving. AIA and the Patent Trial and Appeal Board (PTAB) marked the end of the ‘David Kappos era’ at the USPTO."We're not against patents. We never were. We just think that quality of the patents is crucial and patents must never be granted in error. In doubt? Then do not grant. The burden of proof (for novelty, not prior art) should be on the applicant. As we shall show soon (probably later this week), the Inventor Award isn't just being offered to literal frauds but to people who were granted a patent they did not even deserve. That's the EPO anyway. This is the EPO under Battistelli.

Over in the United States things have been improving. AIA and the Patent Trial and Appeal Board (PTAB) marked the end of the 'David Kappos era' at the USPTO. Yesterday a site of patent maximalists noted that "the Board [PTAB] found GHC's claims corresponding to the count to be unpatentable for failure to satisfy the written description requirement."

This is about pharmaceuticals (General Hospital Corp. v Sienna Biopharmaceuticals) and Kevin Noonan explained the petition's basis:

The Board construed the word "about" in GHC's claims to mean "within 10%" of the value recited, equivalent to between 5.94 x 1011 and 7.26 x 1011 particles per mL of the composition, under which construction Sienna argued the claims failed to satisfy the written description requirement. The specification of GHC's '575 application defined nanoparticle concentration with regard to optical density rather than in particles per mL. Under the conversion coefficient proffered by Sienna's expert and accepted by the Board, there was no disclosure in GHC's '575 application of nanoparticle concentrations between 5.94 x 1011 and 7.26 x 1011 particles per mL of the composition. Hence, the Board found GHC's claims corresponding to the count to be unpatentable for failure to satisfy the written description requirement.


Robert Jain has, in the meantime, given another new example. Disarming another patent troll, Unified Patents wrote about Beacon Navigation. Owing to PTAB, the patent in question may soon be history. Quoting Jain:

On May 4, 2018, Unified filed a petition for inter partes review (IPR) against U.S. Patent 6,178,380 owned and asserted by Beacon Navigation, GmbH, a well-known NPE. The '380 patent claims a "vehicle location display of a navigation system" that provides a navigation display that includes a first map with a first scale and a second map with a different scale. This patent has been asserted in 33 district court litigations against various automotive companies such as Toyota, Suzuki, Volvo, Nissan, Daimler AG, Hyundai, and Honda.


The response from patent extremists was more or less the usual. Watchtroll has just released another anti-PTAB piece ("PTAB Reform: An Urgent Request on Behalf of Independent Inventors") and the patent trolls' lobby, IAM, goes a week back ("webinar last Monday") to distract from Oil States (quite frankly as usual). To quote the outline outside the paywall:

The Supreme Court’s decision in SAS Institute v Iancu and the subsequent guidance from the USPTO on how it will be applied has sent PTAB practitioners scrambling for their IPR playbooks. Oil States, the case before America’s highest court which challenged the constitutionality of inter partes reviews, left the controversial post-grant procedure intact, but the majority opinion in SAS promises to have a significant impact on how petitioners, patent owners and their advisers plot their post-grant strategies. On a webinar last Monday, Chief Judge of the Patent Trial and Appeal Board (PRAB) David Ruschke, along with vice-chief judges Tim Fink...


Remember that the above site, IAM, is the main source of Battistelli's lie that EPO patent quality remains high. The EPO lies about it so routinely that it has become truly comical.

Recent Techrights' Posts

European Patent Office (EPO) Series: Czech Mate: EPO Kingmaker or Merely a Pawn in the Game?
recent "missions" of the EPO President
SLAPP Censorship - Part 131 Out of 200: A Big Win for the Media in the United Kingdom (UK) Today
In a democratic society the Right to Know, which is closely connected to freedom of the press (or what one might label "blogging" or "blag"), comes above all else, except where there are lives being put at risk
IBM's Fedora Plans to Integrate Slop Into "Fedora Workstation as a Default Feature."
IBM does not care whether the community wants this or not
The Media Talks a Lot About XBox Layoffs, a Closer Look at the Data Shows Microsoft 'Bloodbath'
'Bloodbath' is the term insiders use
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 07, 2026
IRC logs for Tuesday, July 07, 2026
Links 07/07/2026: Microsoft Cuts Doom "id Software" and Turkey Detains Journalists
Links for the day
Gemini Links 07/07/2026: Old Computer Challenge (OCC) and Hardware Tests
Links for the day
A Break From the Routine
What matters is what whistleblowers keep feeding information to us
SLAPP Censorship - Part 132 Out of 200: When You Cannot Pay a Million Pounds (1,335,520.00 United States Dollar) to Lawyers But Have a Strong Community
Techrights compensates for its fiscal poverty with a wealth of community spirit
Fame is Not the Goal
"Fame" kills
Mental Health in Free Software Communities
clearly there is a subject that merits debate and it ought not be a taboo anymore
The Era of Sponsored Spam
There is no "era of AI", there is era of BRIBES to PRETEND there is an "era of AI"
Gemini Links 07/07/2026: Cleaning, Old Computer, and More
Links for the day
Links 07/07/2026: Le Monde Combats LLM Slop Plagiarism, "ACLU Launches Largest Ever Midterm Electoral Program"
Links for the day
Extremism in the Free Software World is Mostly a Myth
Only the firm belief that justice applies to all will produce a just society
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 06, 2026
IRC logs for Monday, July 06, 2026
Links 07/07/2026: Kernelized Secure Operating System (KSOS) and "Exploiting Thoughtcrime in LLMs"
Links for the day
SLAPP Censorship - Part 130 Out of 200: Jealousy, Envy, Hubris
This site is primarily about Free software
Gemini Links 06/07/2026: Still Mostly Dry, GoToSocial, and More
Links for the day
European Patent Office (EPO) Series: Effective Dispute Resolution… But Not For EPO Staff
Slovenia fielded one of the few Administrative Council delegations which managed to maintain its own independent line against the tyrannical EPOnian "Sun King"
Community Sites Need Genuine Collaboration and True Autonomy
People who want to communicate, federate and organise for effective change need to evolve
Free Software Foundation (FSF) Covers Quibble, Free Software for Secure Communications, in the FSF Summer Bulletin
The Georgia Tech folks are bringing Free software education and contributions to one of the better known Computer Science hubs in the US
Microsoft Layoffs Include Windows, Bing, Slop (CoPilot etc.) and There Will More More Rounds (or Waves) to Come
"43% of Xbox laid off"
Obscene Contradiction in Microsoft's Layoffs Tally ("Official" Numbers Do Not Add Up)
Notice how they treat "LinkedIn" as separate
Preserving Comments About the Real IBM Before They Get Deleted
IBM in the 1980s is not what it is right now
Cybershow on "Escaping Prisons For Your Mind"
"THE CYBER SHOW: Stealing technofascism's boots, and stomping on its own face with them."
Links 06/07/2026: At Least 20% Staff Reduction in XBox (Microsoft), Taiwan Sees Uptick in Chinese Aggression/Provocation, Senator Rodante Marcoleta Arrested
Links for the day
Confirmed: Microsoft Layoffs Come in Two Waves, Just Like Last Summer
To us, what stands out is the admission from Microsoft that there are two (or more) waves
In Praise of the UK's Stance on Free Speech (but Some Reservations)
At the moment there is a healthy discussion going on with the objective of disrupting attacks on British press
Exposing Corruption at the European Patent Office (EPO), a Call for More Whistleblowers
We predict that, provided enough whistleblowers speak out, António "the unready" won't even finish his current term
Leaving Our Pets for Several Days
This week our pets will be worried that "mommy and daddy" are away
Dating Trees and Dating 'Apps'
several high-profile stories in the news about scandals in "dating apps"
DW Documentary About Julian Assange Turns 2
It was released just days after Assange had turned 53 and about two weeks after he had left the UK
Independent Media is the Only Form of Legitimate Media
Independent media is, indeed, what we need to demand more of
The Story of the European Patent Office (EPO) Wagging the Dog (EU)
The aim of the series is to properly inform the world - not just Europeans - how Europe's second-largest institution is run [...] How did a corporate hub of monopolies become so detached from the Rule of Law?
GNU/Linux Up to New High in Libya, Windows Down to All-Time Low
GNU/Linux touches 5% there, based on statCounter
Links 06/07/2026: Artists Reject Slop (or Even de Facto Bribes to Market/Endorse Slop)
Links for the day
SLAPP Censorship - Part 129 Out of 200: Iranian Tactics
Hunger for revenge compels people to do overzealous, irrational things
Quiet Week
Many in the US are still enjoying an extended weekend
The Media Needs to Speak of Slop as a Climate Issue Like It Did With Bitcoin
But the slop industry keeps paying the media to play along with the hype
IBM's Fall
IBM's fate is closely connected to that of the Free software movement because of the salaries
Social Dialogue at the European Patent Office (EPO) is Dead, the Strikes and Work Stoppage-Like Actions Carry on
What next for the EPO?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 05, 2026
IRC logs for Sunday, July 05, 2026
Links 05/07/2026: Shadows of the Upper Peninsula and 2026 Old Computer Challenge
Links for the day