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

Intercontinental Brigading - Part XIV - Six Years of Learning Irish, But the Real Issue Was Microsoft-controlled 'Secure' (Restricted) Boot
Had I not opposed back doors in Linux, not of this would come about
Microsoft Sort of Tried to Sell XBox Piecewise (Offloading Microsoft)
XBox is in a morbid state
Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
 
It's Slop
Maybe we'll exclude It's Slop from our curation. It's a Linux Foundation outpost of sorts, an apologist of sloppy code and plagiarism.
Gemini Links 25/10/2026: Moana (2026) and OpenBSD Updates
Links for the day
The Netherlands Fast to Adopt GNU/Linux, "Market Share" Rises to Two-Digit Value (on Desktops/Laptops)
It peaked at around 20% yesterday
DST Still Needs to Get Abolished
Get rid of DST, efficiency will improve and systems will become more reliable
PHP2Shell as Paid-for FUD Campaign (Intended to Help Sell Slop and Fake "Market Value" of Slop Pushers)
PHP2Shell considered overhyped [...] Remember all the paid-for hype regarding Mythos? What happened to all that?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 24, 2026
IRC logs for Saturday, October 24, 2026
Gemini Links 24/10/2026: Arch Linux Journey and Amin Bandali's Priorities
Links for the day
Bluewashing as a Form of Silent Layoffs
IBM will continue to shed off loads of workers while its debt climbs
Turning 20 in 2 Weeks and Upcoming Network Maintenance
That ought not interrupt our anniversary
Microsoft Shutdowns Accelerating, More Shutdowns Revealed (Not Connected to Gaming)
Silent layoffs disguised as "voluntary" "exits"
Links 24/10/2026: Microsoft Blackmail and Lingering Unrest in France:
Links for the day
Gemini Links 24/10/2026: From Bendigo to Kerang, Enshittification of Radio and Music in the UK
Links for the day
Red Hat Sinks With the Blue (IBM) Ship
As IBM's debt continues to soar so do the silent layoffs
The "No Pain No Gain" Expectations in Publishing
Sometimes truth hurts; but that does not mean it mustn't be told
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026