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

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day