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

Give Me Your "Dumbest" (Devices)
Why can't people accept that a "modern "smart" "phone" isn't necessary to check the time (overkill) and playing social control media "on the go" is far from necessary?
Car Companies Fail Because They Don't Manufacture What Costumers Actually Want
They try to impose their dumb vision on purchasers
 
Microsoft Cannot Survive the Fall of Windows
It has amassed way too much debt
Links 25/07/2026: Hong Kong Squashing Criticism/Dissent, Mirror Caught Breaking Into Voicemail
Links for the day
PIPs Are Shrinking IBM and "IBM is Managing Decline, Not Building Growth"
IBM is going down the drain
IBM is Killing the Fedora Community, Replacing It With LLM Slop From IBM Staff
Krishna buys companies only to gut them. They've all learned this from experience.
Earlier This Year Dan Williams Prepared for Scenario Where Linus Torvalds Dies
He had only just started a job at NVIDIA
Links 25/07/2026: Data Breaches Abundant and Attribution Imperiled in the Age of Slop Hype
Links for the day
Gemini Links 25/07/2026: Poetry and Plaintext Pages
Links for the day
What is Doctor of Philosophy (Ph.D.)
In many cases, the acronym became a misnomer
IBM PIPs Continue Until Morale Improves, Silent or Quiet Firings at IBM Explained
IBM is a dying company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 24, 2026
IRC logs for Friday, July 24, 2026
Gemini Links 24/07/2026: Animal Friendship, Squirrels, and Lagrange
Links for the day
Links 24/07/2026: IOC Drops Russia Ban, New Internationalist Raises Money
Links for the day
Poor Piece From Valnet: Microsoft Keeps Sabotaging GNU/Linux, So You Should Quit Using GNU/Linux
Really awful take
We Need More Encryption, Not Less of It
Use Free software and use encryption to ensure sources are fully protected
At 3PM on a Friday The Register MS Collects Some 'Pyramid Scheme' Money From Communist China (ZTE)
This won't age well for The Register MS
What Freedom Does Not Mean
Tell Warren Buffett to go skiing; he'll soon understand how much freedom he truly has
Linuxiac is Plagiarism
We won't link to it, we're done [...] If you wish to support journalism about GNU/Linux, do not visit or link to slop
Verizon is Over 200 Billion Dollars in Debt (US Telecoms Collapsing, Wrapping Up the Failure in "Hey Hi" Clothing)
They will tell us this is "innovation", not a failure, and that only "Luddites" would oppose this
You've Been Conned If You Ever Believed That MElon (MUSK, Elon) Was a Trillionaire
Connected to corrupt officials
The People Who Tried to 'Cancel' (or Deplatform/Censor) Daniel Pocock Are Annoyed That He's Mentioned in Dozens of Press Articles
If Pocock's words did not matter, there would not be such a huge effort to silence him
Cybershow Explains Why Only Sociopaths Gravitate Towards Leadership Position in 'Tech'
The general thesis is a familiar one
Speeding Up 'Down Under': Australia, New Zealand, Tasmania...
As things stand, the best we can do is let people retrieve pages within less than 0.1 seconds since a request is received
Google's Debt Trebled in Only 9 Months and It's Not Even the Full Picture (There's Secret Debt, Too)
No wonder there are so many layoffs and workers try to unionise
Links 24/07/2026: Mass Layoffs at Patreon, Netflix Deemed Bad for People's Brains
Links for the day
Microsoft Layoffs in India
it's about cost-cutting
Deregulation is Blowing Up the Economy, Which Has Become a Multi-Level Scheme or Pyramid Scheme
Why did only Japanese media call out the BS; is that so hard to figure out and properly report on?
Google Spreads Misinformation, Google's Slop Makes Stuff Up and Calls That "Intelligence"
Google very well understands (and even publicly admits so, albeit only for legal reasons) that the slop does not work
Daniel Pocock Proves Wikipedia is for Rich People or People Who Work for Very Rich People (the True Owners of Wikipedia)
It's for billionaires and their faithful boot lickers
GNOME: Your Personal Opinions Must Overlap GAFAM's (Otherwise Those Opinions Are Impermissible)
Get well soon, GNOME
Making Excuses for Stressful, Unrewarding, and Immoral Jobs
excuses for difficult and/or barely-rewarding jobs. [...] People in tech must not be evaluated (or have their "worth" assessed) based on remuneration
US is Insolvent, GAFAM is Buying Time by Hiding (Not Disclosing) Its True Debt Which Explains Never-ending Layoffs (Unrelated to Slop or "Efficiency Drives")
Five Tech Giants are Hiding $1.65tn in AI Debt, Using the Trick that Toppled Enron
Almost 5 Years Without Social Control Media ('Mind Prison')
Life is too short to be stuck inside a skinnerbox
Linux Must be About People (Humans), Not Bribery From Slop Companies Trillions of Dollars in Debt and in Pursuit of Positive Press
We've lost Williams
John Dvorak Understood That "MSM" Was a Vehicle of Censorship
Independent publishing, which obviates the need to censor (influenced by existing advertisers or lookout for prospective advertisers), is the only credibly thing out there
To Understand Why Linus Torvalds Became a Boot-Licking Booster of Slop Look at Another Operative of 'Linux' Foundation, the "Mentor" of Clickfraud SPAMnil (According to SPAMnil Himself)
it seems like SJVN does not give a full disclosure
Blaming "Computers" Instead of Blaming Microsoft
Blaming Microsoft is "hate"
"Online We Are All Refugees" and Slop Pushers Are the Oppressors
They basically resort to nationalism and racism to distract from their commercial failure and fraud (pyramid scheme)
PIP Apocalypse (PIPocalypse) at IBM, CEO Promotes Vapouware (Lying to Shareholders)
Companies get to shrink while lying about it to the public, even to shareholders
GNU/Linux Soaring in Antigua And Barbuda
GNU/Linux is internationally approaching 8%
Calling Out the Worst Culprits in "Linux" Slop (Slopfarms That Manipulate Information and Engage in Plagiarism)
Once they're gone (offline), the slopfarms cannot carry on for much longer
Defying Discrimination
Rianne's birthday is exactly a month away
Dan Williams Represented Real Diversity in Linux
Williams probably understood based on personal experience what it was like to be marginalised and discriminated against
The First Point About Software Freedom is, You Must Understand What It Really Means (Not "Open Source")
Forty Three Years of Commitment to Software Freedom [...] Educating people about what Software Freedom actually means
Gemini Links 24/07/2026: Recovering From Broken Shoulders, Loss of Passion, and "True Hacker Versus Growth Hacker"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 23, 2026
IRC logs for Thursday, July 23, 2026
Gemini Links 23/07/2026: Databases, TLGS, and RSS Feeds
Links for the day
Links 23/07/2026: Science, Censorship, and Territorial Overreach by China
Links for the day
The State of Google Security: Blocking competition
GMail is the best!
What Happens When Windows Becomes as 'Niche' as GNU/Linux on Desktops and Laptops
Android enjoys a near-monopoly and GNU/Linux isn't far behind Windows.
IBM Cash "Down $6.3 Billion From Year-end 2025." Total Debt/Equity 188.97%. (Debt Can Exceed the Company's Real Value)
the CEO alone can make well over $0.7 billion in 5 years of salaries and bonuses
Wave of PIPs Allegedly Coming to Microsoft, Managers Trained to Terminate Employees Without Paying Severance (and Without Calling it Layoffs)
They count and cut the losses
This Looks Like the End of XBox, the Console
Sharma has become the "fall man" of Microsoft
European Patent Office (EPO) Series: A Consummate Master of the "Rigged Game"
"single-candidate shortlist"
Attempts to Change Focus and Change the Subject as IBM Shares Dwindle. Buying Revenue to Mask the Rapid Decline One More Time.
IBM used to be good at engineering, not financial engineering
Down 848% Year-on-year, Negative Cash Flow, Growing Debt (Richest Man on the Planet or Shrewd Scammer?)
The latest for Tesla is more of the same
IBM Falls Below $200, Expect $199 or Less Today (Panic Threshold)
Will this be enough to topple the managers?
Gemini Links 23/07/2026: SharePoint Rants and “Junk DNA” in Commented-Out Code
Links for the day
Links 23/07/2026: RIP John C. Dvorak, Organisation Weaponised Against J.K. Rowling
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 22, 2026
IRC logs for Wednesday, July 22, 2026
Freexian & Debian: antitrust, unfair competition against joint authors and volunteers
Reprinted with permission from Daniel Pocock