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Where Does The Appeal Go? | 360 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Where Does The Appeal Go?
Authored by: Anonymous on Saturday, June 02 2012 @ 02:27 PM EDT
I think those statements of FM are in the 'not make any glaringly pbvious
errors', that some people claim about his work-product.

[ Reply to This | Parent | # ]

To a hard stop.
Authored by: Anonymous on Saturday, June 02 2012 @ 02:48 PM EDT
"The Federal Circuit, which has more expertise in intellectual property than any single district court, is now going to look at this."
And given their expertise, I should be rather surprised if they did not say "First-rate job by Judge Alsup, could only get worse by us trying to meddle with it. One for the books."

[ Reply to This | Parent | # ]

Where Does The Appeal Go?
Authored by: clemenstimpler on Saturday, June 02 2012 @ 07:28 PM EDT
If we believe the judge's order, the governing case law here comes from the 9th circuit:
Our case is governed by the law in the Ninth Circuit and, of course, the Supreme Court.
This suggests quite strongly that an appeal would be dealt with in that court, too. And it makes sense, because the Federal Circuit only comes into play, if patent cases are appealed. Splitting the proceedings into a 'copyright phase' and a 'patent phase' may have allowed to separate appellate matters belonging to the 9th circuit (copyright) from appellate matters belonging to the Federal circuit (patent law). I guess that Mr. FM has been misguided by the following remark on Wikipedia:
[... ] the Federal Circuit typically hears all appeals from any of the United States district courts where the original action included a complaint arising under the patent laws [...]
I'm quite sure that Judge Alsup knows better than FM and Wikipedia about the rules or procedure applicable here. Some enlightenment from the experts may help nevertheless.

[ Reply to This | Parent | # ]

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