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January 16, 2018


A rare decision in which Judge Newman's arguments do not ring true.

Coming from Europe, and inured to European patent law, I would say that Pauline Newman sees it right.

Funny, isn't it. The USA sees only the rights of individuals. Asia sees only the rights of tribes. Only Europe has a judicious balance between the rights of individuals and the rights of tribes.

Does Pauline Newman hail from Europe?


Your statement only shows your lack of appreciation for US law.

Pauline Newman is simply NOT correct here.

As I note, this is indeed a rare event for a judge who so often ends up being correct and being in the minority on CAFC panel decisions.

(and this has nothing at all to do with any type of "judicious balance" my friend - this has everything to do with properly applying the governing rule of law)

The first step towards giving the Supreme Court an opportunity to review its precedent is a 2:1 split decision.

Newman might indeed be playing fast and loose with the governing law, but if she's wrong, and the logic of the governing law is unassailable, her dissent won't change it.

Time will tell.

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