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
- Thoughts on the USPTO’s NPRM: Not Bad But the Big Challenges Remain
- Patent Filings Roundup: Slow Week in PTAB and District Court, Ideahub Subsidiary Challenges Instituted; Patent Armory Continues the Offensive
- Timberland Loses Fourth Circuit Bid to Protect Trade Dress for Iconic Boots
- USPTO Proposes Making Director Review Process Official
- Evolving IP: The Innovation Crossroads