The U.S. Supreme Court’s flimsy eligibility jurisprudence offers the U.S. Court of Appeals for the Federal Circuit (CAFC) several “softball pitches” to avoid a patent bloodbath. To date, the Federal Circuit has struck out at preserving the patent system — at least twice without really even taking a swing! The first softball pitch appears in the High Court’s initial decision to exalt judge-made “exceptions” over the 200-year-old statutory rule, namely, Mayo v. Prometheus.
Recent Posts
- Other Barks & Bites for Friday, November 7: CJEU Action Against EU Commission Referred Over SEP Regulation; Ninth Circuit Affirms CoComelon Copyright Win; and C4IP Urges USTR to Address IP Concerns in USMCA Joint Review
- Mixed UK High Court Ruling Fails to Answer Fundamental Questions of AI Copyright Infringement
- Professors Press SCOTUS to Affirm Copyright Protection for AI-Created Works
- Squires Emphasizes AI, Dubs Inherited Backlog ‘An Absolute Dumpster Fire’ and a ‘Betrayal’
- Federal Circuit Clarifies Precedent on Pre-AIA Prior Art ‘By Another’
