Bonum Certa Men Certa

“Federal Circuit Had Affirmed on Every Issue in 77.4% of the Patent Trial and Appeal Board Appeals it Had Seen” in 2016

Summary: The Federal Circuit (CAFC) and Patent Trial and Appeal Board (PTAB) continue to squash a lot of patents on software, in contrast to that fake news from patent maximalists

WHENEVER PTAB (or a petitioner) puts forth an inter partes review the likelihood that the patent in question will be invalidated is high. In a sense, even without any lawyers and lawsuits, old rubbish patents find their way into the wastebasket. It's like a cleanup operation inside the USPTO and the patent microcosm absolutely loathes it.



Some firms celebrate managing to escape the jaws of PTAB, whereas others see their patents turn to dust. They sought patents on non-inventions in the first place, so what did they expect?

Writing about a case which was mentioned here before, here is another report about an inter partes review:

Phigenix was a "for-profit discovery stage biotechnology, pharmaceutical, and biomedical research company". Although Phigenix did not make products, it purported to have an extensive IP portfolio, including US Patent 8,080,534 (the ''534 patent'), which Phigenix alleged covered Genentech's activities relating to Kadcyla. Phigenix asserted that it "was forced" to challenge ImmunoGen's '856 patent in IPR2014-00676 after Genentech refused to license Phigenix's '534 patent. In that inter partes review proceeding the Patent Trial and Appeal Board (PTAB) ultimately found ImmunoGen's '856 patent valid. Phigenix appealed the PTAB's decision to the Federal Circuit.


"A great deal of angst [angst only for the patent microcosm] has been generated by the Patent Trial and Appeal Board's decision," wrote another site, "in Ex parte Itagaki and Nishihara, regarding the panel's application of Section 101 (sua sponte as a new ground of rejection under 37 C.F.R. €§ 41.50(b)) that claims to a magnetic resonance imaging machine do not recite patent-eligible subject matter."

Section 101 pertains to software patents, among other things. Here are some interesting new statistics about the Federal Circuit's agreement with PTAB:

As of the end of the year, the Federal Circuit had affirmed on every issue in 77.4% of the Patent Trial and Appeal Board appeals it had seen. Finnegan has analysed what parties can expect from cases that are remanded to the Board

Finnegan Henderson Farabow Garrett & Dunner has published the latest statistics on the success of Patent Trial and Appeal Board (PTAB) appeals at the Federal Circuit.


This helps refute a lot of the nonsense we have been seeing at Watchtroll -- a site so focused on attacking PTAB, even cherry-picking cases ("graphical user interface patent") to make it seem as though CAFC changed its tune. To quote Watchtroll's accompanying tweet: "Will the PTAB find claims ineligible in a CBM that the CAFC just found to be eligible in litigation?"

Dennis Crouch also wrote about graphical user interface patents this week. These are essentially design and/or software patents, like that infamous progress bar patent. They should not have been granted in the first place.

"The Federal Circuit will also issue two en banc decisions from PTAB appeals," MIP wrote the other day. It's mentioned among US "Cases to look out for in 2017," which include Lee v Tam:

The Supreme Court in the past two months has added two more patent cases – and they are both big ones – as well as hearing arguments in two others.

Following arguments in Lee v Tam on January 18, so far this term the Supreme Court will have heard arguments in five intellectual property cases (and already decided one of them) and is awaiting arguments in three more.


It's a trademark case (still USPTO, as the "T" does not stand for patents) and it's a subject that Patently-O repeatedly covered recently [1, 2]. Today it wrote: "First Amendment says: “Congress shall make no law … abridging the freedom of speech.” My question that I still do not understand for the Tam case: How is Tam’s speech being abridged by denial of his registration?"

The USPTO will never be perfect, but the very existence of PTAB is a step in the right direction and software patents, as per CAFC, are a barrier if not a violation of free speech (First Amendment). It is also useful to see statistics reaffirming CAFC's support for PTAB, contrary to what the patent microcosm is trying to tell us (sparking perception of feuds that do not actually exist).

Recent Techrights' Posts

Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025
Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025
Linux.com is Becoming Microsoft
They took a once-reputable site with a vast audience and turned it into a pile of trash
Microsoft Lunduke: People Pointing Out I'm a Bigot is a Badge of Honour
It's almost as if he openly admits being a troll and is proud of it
Oracle's Debt Continues Rising to All-Time Highs, The "Slop Bubble" is a Smokescreen for Larry Ellison
wishful-thinking bubble waiting to implode completely
News on the Web is Becoming Rare, Shallow, and Difficult to Find
To efficiently and rapidly find original and important news without underlying comprehension/understanding of the news (and its context) is a hard task
Slopwatch: Linux Journal, Serial Slopper, WebProNews, and More
getting back into the habit
The Cocaine Patent Office - Part III: European Patent Office Officials Cannot Claim False Identification
Corroborating with other sources is always desirable if possible. We shall do so later in this series.
Facebook's Debt Leaps to Over 51 Billion Dollars
A lot of this is a bubble, aside from the bubble the media irresponsibly dubs "AI"
Still Catching Up, Daily Links a Top Priority
Readers who have additional information about the EPO can send it along to us
3 Days Ago Over at Tux Machines...
GNU/Linux news
Links 01/11/2025: "Americans Are Defaulting on Car Loans at an Alarming Rate" While Many Left to Starve (SNAP)
Links for the day
Gemini Links 01/11/2025: FIFO and Gemini Age Survey
Links for the day
Why Does German Media Protect the EPO From Accountability for Cocaine?
Can we trust such media to properly inform the public?
Most of This Month Will Deal With EPO Scandals
A timeline of sorts
Links 01/11/2025: Microsoft Azure Goes Offline Again
Links for the day
Links 01/11/2025: Microsoft Distributes Malware Again, Radio Free Asia Shut Down by Dictator
Links for the day
November is Here, Anniversary Party This Coming Friday
Expect this site to return to its normal publication pace either by tomorrow or Monday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 31, 2025
IRC logs for Friday, October 31, 2025
Gemini Links 01/11/2025: Synergetic Disinformation and Software Maintenance
Links for the day
IRC Proceedings: Thursday, October 30, 2025
IRC logs for Thursday, October 30, 2025
IRC Proceedings: Wednesday, October 29, 2025
IRC logs for Wednesday, October 29, 2025