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Which appeals court? | 214 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
SC not so unlikely
Authored by: Anonymous on Monday, May 21 2012 @ 10:49 PM EDT
Copyrightablity of APIs could easily go to SC.
With the recent ruling in Europe, I don't think they will
allow it.
Dennis H

[ Reply to This | Parent | # ]

Which appeals court?
Authored by: Anonymous on Tuesday, May 22 2012 @ 05:49 AM EDT
From my understanding, the patent appeals definitely go to the Court of appeals
for the Federal Circuit, not the ninth circuit. Will any appeals of the
copyright issues also go to the CAFC, or would they go the ninth circuit? Or
will it make a difference as to whether only copyright issues are appealed, vs.
whether both copyright an patent issues are appealed? I can see that for
streamlining reasons that if both patent and copyright issues are appealed, then
it might have to be a single appeal, and that since patent issues HAVE to be
appealed to the CAFC, then it would have to be a combined appeal of all issues
to the CAFC, but if the appeal were only on copyright issues, then it would go
to the court of appeals for the circuit in which the northern district of
California resides. Or would appeals be split with patent issues going to the
CAFC and copyright issues go to the ninth circuit, even though both issues are
being appealed?

[ Reply to This | Parent | # ]

Oracle v. Google - Further Questions from the Bench on Interoperability
Authored by: Anonymous on Tuesday, May 22 2012 @ 01:20 PM EDT
If any patent issues are appealed, then the case (all of it) goes to the Court
of Appeals for the Federal Circuit.

I'm not sure what would happen if the appeals only dealt with the copyright
issues. I suspect that only then would the case wind up before the Court of
Appeals for the 9th Circuit.

Of course, it's fairly certain that the appeal(s) will deal with the patent
issues, and so the 9th Circuit will never see it.

[ Reply to This | Parent | # ]

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