It has become difficult to understand why the Federal Circuit does what it does in any number of rulings, but its decisions relating to patent eligibility have set patent law back several generations, turned precedent on its head, ignored the Patent Act passed by Congress, and unnecessarily and inexplicably expanded upon bad Supreme Court precedent. Somewhere along the way, the Federal Circuit lost its footing in a spectacularly demoralizing fashion. Patents must be stopped at all costs—or so they seem to believe—and 35 U.S.C. 101 is the tool du jour.
Recent Posts
- Perspectives on the PTAB’s 70% All Claims Invalidation Rate
- Moratorium on State AI Regulation Scrapped in Senate Version of Trump’s ‘Big Beautiful Bill’
- Increasing Volume of Patent Deals Could Signal Bounce in Patent Marketplace | IPWatchdog Unleashed
- How the USPTO Could Make a Permanent After-Final Consideration Program Work
- Other Barks and Bites for Friday, June 27: EGC Says ‘NERO CHAMPAGNE’ Unduly Exploits Protected Designation of Origin; SCOTUS Seeks SG Views on Skinny Label Issues in Hikma; and a Big Week for Copyrights and AI