Yesterday, the Federal Circuit once again breached a fundamental boundary of our American system of law. This particular transgression has occurred only a handful of times, but each is more ominous than the last. If this is allowed to stand, we can no longer be considered a democratic republic, but will have become a banana republic. What is rapidly becoming routine to the patent litigation industry will create shockwaves throughout the other 12 circuit courts, upend the rule of law, and damage our nation. In Chrimar Systems, Inc. v. Ale USA, Inc. FKA Alcatel-Lucent Enterprise USA, Inc. (Fed. Circ. Case No. 18-2420), the Federal Circuit allowed the Patent Trial and Appeal Board (PTAB) to overrule an Article III court and jury. That is, the Executive Branch of government directly and unequivocally has overruled the Judicial Branch, including a jury.
Business
- Patent Litigation Financing: Fighting Efficient Infringement with Funding
- ‘Reasonable Efforts’ Require Care and Consistency
- WTO Announces COVID Vaccine Waiver Deal That Virtually No One Wants
- The Biden Administration’s Neutrality Position on SEP Remedies is a Good Move
- Mossoff-Barnett Comment on EU Commission’s Call for SEP Evidence Spotlights Misconceptions About FRAND Obligations
Recent Posts
- IP Practice Vlogs: Practical Exercise – Let’s Design Patent the AirPods!
- Good Faith Doctrine and NFTs – How a Bored Ape NFT Dilemma May Present Unique Copyright and Contract Issues
- Other Barks & Bites for Friday, July 1: Tillis and Daines Question Google on Political Email Censorship, Third Circuit Finds No Copyright in Fireworks Communications System, and Eleventh Circuit Clarifies Likelihood of Confusion Test in Reverse Infringement Cases
- SCOTUS Kicks Patent Eligibility Cases to the Curb in Last Move of the Term
- Patent Litigation Financing: Fighting Efficient Infringement with Funding