December 26, 2014
Prosecutorial nitwittery went unchecked by the district court, but a CAFC panel checked it by siding with the USPTO in refusing to withdraw a terminal disclaimer. 6,194,187 issued. Its owner, the Japanese Foundation for Cancer Research, then filed a terminal disclaimer, which the PTO accepted. The patent office later refused to withdraw the disclaimer, and so was sued for it. Defending the PTO via deference, the CAFC found "that the PTO did not act arbitrarily, act capriciously, or abuse its discretion in declining to use any inherent authority that it might have in withdrawing the terminal disclaimer."
The death watch for software under §101 continues. In Content Extraction and Transmission v. Wells Fargo et al (CAFC 2013-1588), patents that claim scanning a document and recognizing certain keywords are damned as an "abstract idea," using oxymoronic pseudo-logic that "the concept of data collection, recognition, and storage is undisputedly well-known." Asserting software patents against the cossetted financial sector is itself the kiss of death. The corruption of the patent system via court fiat is largely complete, the grim reapers in black sitting on benches in dead-end jobs having triumphed as the lords of plutocratic benevolence, giving away the meager inventions of the meek to corporate behemoths.
December 10, 2014
DDR Holdings v. Hotels.com illustrates the incompetence and caprice of Federal courts in handling patent cases. Asserted claims in 6,993,572 & 7,818,399 were found valid and infringed by a jury. District court Judge Rodney Gilstrap in East Texas rebuked motions as a matter of law (JMOL) over invalidity and infringement. On appeal, '572 was found blatently anticipated by the prior art. An extensive CAFC sidebar on §101 shows how unsettled patentability is.