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« Europe Bans Stem Cell Patenting | Main | USPTO News: Patent Office to Publish Notice Delaying New Appeals Rules »

December 08, 2008



I listened to the mp3 file, and it sounds like Toupin was dunked in a "blood bath." Unless something very odd happens, Cacheris's decision below is going to be affirmed, and these rules are going to be dead. The only question I see is how strong this Federal Circuit panel words its decision.


While I tend to agree with your assessment, I'm hoping that the panel wasn't merely "testing" the strength of the Office's arguments because it was leaning towards reversing the District Court going into oral argument.



I agree that sometimes the judges ask the tough questions of the side they support. But given Judge Rader's dialogue with Toupin about the advisability of filing ESDs, and the general tenor and tone of the questions asked by Rader, Prost, and Bryson collectively, I think this panel looked with a very jaundiced eye at the PTO's position. Again, I think the only question is how hard this panel comes down on what the PTO did here.

Don, even your last sentence belies the fact that you expect an affirmance -- you didn't include the Patent Office among the group awaiting the decision!

Thanks for the summary...I had seen reports of the hearing, but no transcript excerpts. Very informative.

Excellent summary, thanks!

Hi Don. I'll be very surprised if the Court reverses Cacheris's decision below.

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