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« Mohsenzadeh v. Lee (Fed. Cir. 2015) | Main | Chisum Patent Academy Patent Law Seminar »

July 09, 2015

Comments

Yet another dissent from Judge Newman in which she's 100% right. I wince when this happens.

"Yet another dissent from Judge Newman in which she's 100% right. I wince when this happens."

Dan,

I wince too. The holding by the majority in this case is a travesty, as is the IPR proceedings. But as David Boundy has pointed out, there are other serious issues with IPRs, including whether the IPR rules were properly promulgated, something which might cause a challenge like in Tafas/GKS. Also, there are currently 2 cases percolating up, one to the Federal Circuit, the other to the 4th Circuit that make very cogent arguments that delegating IPRs to an Article I tribunal to invalidate granted patents is an unconstitutional violation of both the 7th and 5th Amendments.

Obviously the problem is with BRI as a standard in the first place for anything. Why don't we have a BRI standard for private contracts or for torts. Only science majors could split hairs like this. Everyone else doesn't like to over cogitate a problem. Just use one standard for all phases of prosecution and enforcement and get over this charade.

The reason Congress is silent is because they can't believe what the knuckleheads in the patent business are up to this time.

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