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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 | # ]
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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 | # ]
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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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