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« Octopus Genome Sequenced | Main | Amici Support Sequenom's Petition for Rehearing En Banc »

August 27, 2015

Comments

Andrew,

A very bad idea in my opinion. This idea reminds of a statement by a former Commissioner of Patents long ago that appeals decided on briefs got the same treatment as those with requests for oral hearing; that statement turned out to be false in that if the appeal was decided solely on the briefs, and if the primary Board member was adverse to the applicant/appellant, your appeal was likely cooked if that primary Board member got one of his/her colleagues to agree. But it also may be moot if IPRs go down in view of the MCM Portfolio v. Hewlett-Packard and Cooper v. Lee cases currently on appeal, respectively, the Federal Circuit

Andrew,

Sorry I failed to finish my last sentence: "and to the 4th Circuit challenging the constitutionality of IPRs being decided by Article tribunals, not Article III courts."

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