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March 03, 2014


The CAFC opinions are getting... goofier and goofier

By their logic, a "specific" machine would be one and exactly one machine, and no other machine, to make it "specific." Never mind that any computer scientist will tell you a general computer programmed in a particular way is a different "machine."


The patentee here couldn't have drawn a worst panel (Dyk, Lourie and Wallach) for reviewing the patent-eligibility issue. That Dyk misconstrued what is being claimed here isn't surprising. Frankly, Dyk is "poison" when it comes to patent-eligibility issues.

If I recall correctly it was J. Dyk who wrote in an opinion, and I'm paraphrasing here, "I don't care what the claims say, I'm going to look to the specification to figure out what the patentee invented."

He needs to go.

This one has me scratching my head. I am thinking of looking at the District Court proceedings to see if Cyberfone's counsel was precluded from making certain arguments that would have rebutted the positions taken by the CAFC.

Regardless, it seems that this case would be a candidate for en banc review, at least because the panel seems to have erred in terms of both law and facts.

To paraphrase a well-known pundit, people should not be able to patent phones any more.

Of course, this logic leads to not being able to patent anything, but the person who put forth the comment is not known for their grasp of logic, of law, of facts,...

Who needs Duell?

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