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Authored by: Ian Al on Monday, September 17 2012 @ 11:11 AM EDT |
I can imagine the Supreme Court not wanting to send a case back to an inferior
court with superior pretensions.
I know the lower courts do not take it as a mark of shame to be reversed on
appeal and that seems right to me.
However, when an SC reversal is on the basis that the lower court has
steadfastly ignored all the well argued direction over a period of years, then
that is shameful.
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Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid![ Reply to This | Parent | # ]
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Authored by: Anonymous on Monday, September 17 2012 @ 02:03 PM EDT |
It's a matter of politeness. If the Supreme Court wants, it can simply reverse
the Federal Circuit.
And it is not required to even hear briefs in order to do so.
It can simply accept the request for cert, and issue a final decision reversing
the Federal Circuit, declaring that the Federal Circuit made a clear error of
law.
Have I got this right?[ Reply to This | Parent | # ]
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