It Is Time for Federal Circuit Judges of Good Conscience to Call Out Their Colleagues

Recently, IPWatchdog published an excellent article by Wen Xie outlining the legal inconsistencies of the Chamberlain v. Techtronic Industries opinion, penned by Judge Chen. Unfortunately, describing the latest inconsistencies in the garbage pile of contradictions that is the Federal Circuit’s Alice/Mayo doctrine provides no surprise to anyone. The Alice/Mayo decisions issued by the CAFC are self-contradictory and cannot be reconciled with the Constitution, 35 U.S.C. §§ 102, 103, and 112, and at least a dozen Supreme Court cases. Indeed, the only surprises from the Federal Circuit these days come in the form of the odd holding for patent eligibility. However, Wen Xie’s article did cause me to realize that I’d overlooked Judge Chen’s distortions of fact. “Distortions,” however, is too mild a term for the outrageous misrepresentations made in Chamberlain.

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