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March 25, 2008


I would point out that it is not only the S.Ct. but also the CAFC that is contributing on the judicial side.

In particular, the CAFC adopts new theories of inequitable conduct every time someone proposes a new one, frequently takes a nonsensical reading of statutes and regulations, and in general seems to be as anti-patent as the Sup.Ct. in many ways.

There have been some favorable developments, such as the heightening of the willful infringement bar, but in general any appeal to the CAFC seems to be a crapshoot, with the outcome tied to which panel of judges is drawn.

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