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Authored by: rsteinmetz70112 on Tuesday, July 10 2012 @ 10:50 AM EDT |
I think an en banc appeal is probably a good idea, if only to allow the entire
court to weigh in and subsequently be spanked by the Supremes for failing to
follow their direction.
I continue to believe that sending all patent appeals through the Federal
Circuit was a major policy error and has lead to an out of Control Circuit Court
which seems to feel it need not obey the Supreme Court. Other than taking over
the duties of the Federal Circuit or asking Congress to change their
jurisdiction I don't see that there is much the Supremes can really do to force
them to heel.
I wonder if one or more of the Supremes could begin sitting in on Federal
Circuit Patent Appeals as Posner took on the Apple case. Better yet send Posner
to sit in on some of these cases.
---
Rsteinmetz - IANAL therefore my opinions are illegal.
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk
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- En Banc? - Authored by: Anonymous on Tuesday, July 10 2012 @ 11:07 AM EDT
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Authored by: webster on Tuesday, July 10 2012 @ 01:07 PM EDT |
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Definitely go en banc. The "banc" can refuse to hear it, or they can
hear it and then affirm or deny. All of these acts have significance. They
will all have to consider this decision, its dissent, vote and write a decision.
They had better show some attention to Bilski, Prometheus, and other decisions
of the Supremes. The more they show their disarray and refuse to address the
Supremes' concerns, the more likely the Supremes are to hear it.
At SCOTUS, nothing would speak louder than a summary reversal, a day after
argument, reinstating the District Court decision. Ignore the Supremes and they
can ignore you. And make you irrelevant. The Supremes want the Federal Circuit
to do its work and come up with the bright line rule. This, they are having a
tough time doing since ruling out patents of any kind is against their
instincts.
Without a bright line rule and its deliberate invocation, every decision is a
coin-flip all the way to the Supremes. It's polls based on articulable quirks
and abstractions from patent examiner to the Justices.
Stir the pot, go en banc.
~webster~
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