03.12.17

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Court of Appeals for the Federal Circuit (CAFC) Invalidates Yet More Software Patents, PTAB Carries on Invalidating Them Outside the Courts

Posted in America, Patents at 5:59 am by Dr. Roy Schestowitz

Another dead business method/software patent

Summary: The Patent Trial and Appeal Board (PTAB) continues to review — and usually invalidate — dubious patents at a pace of hundreds per month and the Court of Appeals for the Federal Circuit, which reaffirms PTAB’s determinations about 80% of the time, rejects yet another dodgy patent, US Patent #7617116 (above)

THE Court of Appeals for the Federal Circuit (CAFC), together with PTAB, has put an end to a lot of software patents — enough to discourage a lot of parties (probably greater than the number of invalidated patents) from even bothering to initiate litigation. Only those very confident that their patents have merit will also have the ‘courage’ (or deep enough pockets) to bother litigating, and that’s a good thing. It pacifies the industry.

“Only those very confident that their patents have merit will also have the ‘courage’ (or deep enough pockets) to bother litigating, and that’s a good thing.”Today we spotted this tweet from a proponent of software patents. “US Pat 7617116,” s/he wrote, “Medical billing automation system; Alice/101 Kill Affm’d by CAFC”

The patent in question is from Athenahealth and it was published nearly a decade ago, having been filed nearly 2 decades ago (expiry takes about two decades). We disagree with the above wording (reversal of narratives). When a firm tries to kill another firm using a patent and ends up shooting its own foot, does that mean the patent was “killed”? If so, killed by whom? By the defendant? The one that was attacked? Pay attention to this misleading use of words from the patent microcosm (“Patent Buddy” is, by his/her own admission to us, inside the patent microcosm).

“PTAB is a lot more efficient at invalidating software patents at a high pace and affordable prices (access to justice, without necessitating litigation).”In other news, “February had 130 petitions filed with the Patent Trial and Appeal Board (PTAB). This consisted of 128 inter partes review (IPR) petitions and two covered business method (CBM) review petitions,” MIP wrote the other day, trying to add a negative slant to it in the headline (by comparing different/non-overlapping months, using a record high as a reference). PTAB is a lot more efficient at invalidating software patents at a high pace and affordable prices (access to justice, without necessitating litigation). The patent microcosm is trying to slow PTAB down, but so far it has not been successful at that.

Not to brag or anything, but the patent microcosm has become very stressed and angry over the past year. They’re losing their marbles and they know it. This is very good for practicing businesses as it reduces operational costs and improves freedom to innovate.

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