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August 09, 2020


Judge Moore: "All that you have done is recast and dismiss."

Welcome to our world, Judge Moore. This is what we practitioners face every day in dealing with the patent office.

To play my Yogi Berra of mixed metaphors, the Gordian Knot of 101 Jurisprudence has become a snowball rolling down a hill, into a full blown avalanche.

To those that this decision merely reflects a desired ends (and sees no problem), that avalanche is coming to your door next.

Yep. A great deal of "new" 101 jurisprudence simply renders fact-bound obviousness questions into questions of law suitable for dismissal at 12(b)(6) or summary judgment stage. This is more of the same, with the addition of fact-bound enablement issues.


Yogi Berra was so wise. I miss him. It ain't broke, don't fix it. It's been 22 years since State Street v. Signature Financial. There's still no end in sight. It just gets worse and worse.

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