Bonum Certa Men Certa

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

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.

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day