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« Conference & CLE Calendar | Main | Phytelligence, Inc. v. Washington State University (Fed. Cir. 2020) »

August 30, 2020


This is interesting on procedural grounds.

It may well be even more interesting on comity grounds. While facially adhering to a normal Appeal/District relationship, the three judges of the appeal level well knew that in this instance, the district level was one of their own.

One would think that Judge Dyk would -- by now -- NOT have claim construction regimens that are voided by his peers.

Is the end of "Disclosure Revolution" cited by Joseph Root based in Phillips v. AWH Corp. (Fed. Cir. 2005) and Markman v. Westview Instruments Inc (US 1996) ?

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