Wednesday, May 11, 2011

PatentHawk down, but ...

Within the text of an panel rehearing/en banc request: what is weak in this case is the courts abusing the law to rob an inventor of his rightful intellectual property by mumbo jumbo because corporate interests want to freely use it

And toward the end:

The CAFC's panel opinion reads as if clerk-drafted, in the can when the panel met, as it came out with only one day's lapse.

Less than 3% of CAFC precedential decisions are heard en banc. Non-precedential opinions, as this one, have a snowball's chance in hell. So the betting odds are to follow the money, but let's hope that the error won't turn into a mistake. To one of requisite skill, this is not a close-call case; instead, one of Obzilla (KSR) run amok, and so a direct threat to patentable invention, particularly by small entities that go up against large corporations.

See also

PatentHawk shot down at CAFC in Odom v. Microsoft


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