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 and Bites for Friday, December 6: GAO Releases Third-Party Litigation Funding Report; PQA Must Identify Members in VLSI Patent Litigation; CAFC Issues Two Precedential Decisions
- Newman Makes Another Bid to Reverse Suspension from CAFC
- CAFC Delivers Win for Meta in Precedential Decision
- USPTO Officially Withdraws Terminal Disclaimer Proposal
- Judge Newman’s Suspension by the CAFC Has Marred Public Faith in the Federal Judiciary