Bonum Certa Men Certa

Forward Pharma an Example of the Devastating Effect of Granting Patents in Error -- A Problem Appeal Boards Must Correct

When examiners make errors someone will need to correct these, but at what (and whose) cost?

Forward PharmaSummary: When companies live or die based on their patents the quality of patent examination is ever more crucial; the US seems to be finally getting it, whereas the EPO (Europe) reaches for the bottom of the barrel

EARLIER THIS year Forward Pharma's shares crashed due to low patent quality at the EPO (as Battistelli had sabotaged examination), which means that patents get granted in error and then the Opposition Division corrects it. Sometimes.

Forward Pharma's value was nearly halved overnight; now they appeal to the Boards, the Technical Board of Appeal in this case, having just issued this press release:

Forward Pharma A/S (Nasdaq:FWP) ("We" or "Forward" or the "Company"), today announced the filing of a notice of appeal of the decision of the Opposition Division of the European Patent Office (the "EPO") that revoked EP2801355 (the "'355 patent"), written reasons for which were received on March 22, 2018. The notice was filed to the Technical Board of Appeal (the "TBA") of the EPO.

"With the notice of appeal filed, we officially initiate the process to get the decision of the Opposition Division overturned and have the ‘355 patent reinstated," said Dr. Claus Bo Svendsen, Chief Executive Officer of Forward.


"Over in the United States things have been improving. AIA and the Patent Trial and Appeal Board (PTAB) marked the end of the ‘David Kappos era’ at the USPTO."We're not against patents. We never were. We just think that quality of the patents is crucial and patents must never be granted in error. In doubt? Then do not grant. The burden of proof (for novelty, not prior art) should be on the applicant. As we shall show soon (probably later this week), the Inventor Award isn't just being offered to literal frauds but to people who were granted a patent they did not even deserve. That's the EPO anyway. This is the EPO under Battistelli.

Over in the United States things have been improving. AIA and the Patent Trial and Appeal Board (PTAB) marked the end of the 'David Kappos era' at the USPTO. Yesterday a site of patent maximalists noted that "the Board [PTAB] found GHC's claims corresponding to the count to be unpatentable for failure to satisfy the written description requirement."

This is about pharmaceuticals (General Hospital Corp. v Sienna Biopharmaceuticals) and Kevin Noonan explained the petition's basis:

The Board construed the word "about" in GHC's claims to mean "within 10%" of the value recited, equivalent to between 5.94 x 1011 and 7.26 x 1011 particles per mL of the composition, under which construction Sienna argued the claims failed to satisfy the written description requirement. The specification of GHC's '575 application defined nanoparticle concentration with regard to optical density rather than in particles per mL. Under the conversion coefficient proffered by Sienna's expert and accepted by the Board, there was no disclosure in GHC's '575 application of nanoparticle concentrations between 5.94 x 1011 and 7.26 x 1011 particles per mL of the composition. Hence, the Board found GHC's claims corresponding to the count to be unpatentable for failure to satisfy the written description requirement.


Robert Jain has, in the meantime, given another new example. Disarming another patent troll, Unified Patents wrote about Beacon Navigation. Owing to PTAB, the patent in question may soon be history. Quoting Jain:

On May 4, 2018, Unified filed a petition for inter partes review (IPR) against U.S. Patent 6,178,380 owned and asserted by Beacon Navigation, GmbH, a well-known NPE. The '380 patent claims a "vehicle location display of a navigation system" that provides a navigation display that includes a first map with a first scale and a second map with a different scale. This patent has been asserted in 33 district court litigations against various automotive companies such as Toyota, Suzuki, Volvo, Nissan, Daimler AG, Hyundai, and Honda.


The response from patent extremists was more or less the usual. Watchtroll has just released another anti-PTAB piece ("PTAB Reform: An Urgent Request on Behalf of Independent Inventors") and the patent trolls' lobby, IAM, goes a week back ("webinar last Monday") to distract from Oil States (quite frankly as usual). To quote the outline outside the paywall:

The Supreme Court’s decision in SAS Institute v Iancu and the subsequent guidance from the USPTO on how it will be applied has sent PTAB practitioners scrambling for their IPR playbooks. Oil States, the case before America’s highest court which challenged the constitutionality of inter partes reviews, left the controversial post-grant procedure intact, but the majority opinion in SAS promises to have a significant impact on how petitioners, patent owners and their advisers plot their post-grant strategies. On a webinar last Monday, Chief Judge of the Patent Trial and Appeal Board (PRAB) David Ruschke, along with vice-chief judges Tim Fink...


Remember that the above site, IAM, is the main source of Battistelli's lie that EPO patent quality remains high. The EPO lies about it so routinely that it has become truly comical.

Recent Techrights' Posts

Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
 
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026
IBM's Senior VP of Infrastructure is Out, Silent Layoffs Still Going On
Some people imagine the CEO will also "retire" very soon (and "ahead of time")
Gemini Links 09/09/2026: Mechanical Cameras, "Super App", and Prusa Issues
Links for the day
SLAPP Censorship - Part 177 Out of 200: Manosphere Without Financial Transparency
It has moreover replaced a female worker with a male
Deadline Tomorrow (10th of September) to Appeal the EPO's Fleecing of Staff (Union to Make Legal Challenges)
Join them. Fight the good fight.
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026