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March 17, 2015



Newman's dissent is spot-on, including that the term "at least one" means "one or more." The majority's reading of the claims, as well as the specification is mind-boggling, as well as giving no deference (in spite of Teva) to the fact findings made at the district court level. As a Chief Judge for the Federal Circuit, Prost doesn't impress me at all.

An interesting "end-around" of the recent Teva decision: simply declare (without more) that the de novo review allowed to the appeals court trumps any and all expert extrinsic evidence, no matter what that evidence concludes.

At what point will the "judges say so and must be right" overpower the will to provide expensive evidence in court cases below?

Does anyone not recognize that this decision provides the ultimate flexibility of ANY CAFC panel to render ANY decision that it wants to on a lower court ruling (at least as far any perceived limitation on treatment of facts per the Teva decision)?

The chess match between the proxy of the Congress designated to bring order and clarity to patent law and the Supreme Court, who wishes to preserve its ultimate power over any law continues.

The second worst part of Rader's retirement was inheriting Prost as CJ. Her performance was abysmal before, and seems to have only gotten worse since last July 1.

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