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Authored by: nsomos on Tuesday, July 10 2012 @ 09:30 AM EDT |
You wouldn't by any chance be thinking of Gene Quinn now would you?
George Quinn just isn't ringing any bells in this context.[ Reply to This | Parent | # ]
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Authored by: deck2 on Tuesday, July 10 2012 @ 11:14 AM EDT |
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Authored by: Anonymous on Tuesday, July 10 2012 @ 12:09 PM EDT |
Yes, that's what he predicted. Gene Quinn:How long will it take the Federal Circuit to
overrule this inexplicable nonsense? The novice reader may find that question
to be ignorant, since the Supreme Court is the highest court of the United
States. Those well acquainted with the industry know that the Supreme Court is
not the final word on patentability, and while the claims at issue in this
particular case are unfortunately lost, the Federal Circuit will work to
moderate (and eventually overturn) this embarrassing display by the Supreme
Court. This will eventually be accomplished the same as it was after the
Supreme Court definitively ruled software is not patentable in Gottschalk v.
Benson, and the same as the ruling in KSR v. Teleflex will be overruled. I have
taken issue with Chief Judge Rader’s statements that nothing has changed in
Federal Circuit jurisprudence as a result of KSR, which is not technically true.
What is true, however, is that the Federal Circuit continues to refine the KSR
“common sense test,” narrowing the applicability in case after case and
tightening the ability for “common sense” to be used against an application. We
are almost 5 years post KSR and there is still a lot of work left to be done by
the Federal Circuit to finally overrule the Supreme Court’s KSR decision. It
took almost 10 years to overrule Gottschalk v. Benson, so we are likely in for a
decade of work to moderate the nonsense thrust upon the industry this
morning. He also wanted to get Congress to change the laws, but
didn't seem as confident about that.Yes, Congress will be asked to
step in and rectify this absurd ruling, and they should. Knowing how the
legislative branch operates I cringe at the thought of Congress coming to the
rescue. The only thing that gives me solace is that the industries summarily
executed this morning have an A+ lobbying game, which in Washington, DC means
everything.
To arms… to arms… the Supreme Court has come! Rally all the
lawyers, collect all the lobbyists and march on Congress! The AMA
has a A+ lobbying game, too. :D[ Reply to This | Parent | # ]
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