Wednesday, February 11, 2015

Forbes post gets it wrong on CAFC Cuozzo decision

A comment to Forbes on the article

Patent Review Decision Brings Some Certainty To A Fast-Changing World

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As to the text --serves as a ray of hope that a unified effort to right the patent ship may finally be underway  --, the Cuozzo decision adopted "broadest reasonable interpretation", which is explicitly contradicted by section 9 of the "Innovation Act" as passed by the House in 2013 and as re-submitted by Congr. Goodlatte in 2015.  The court is not unified with Congress on this point.

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Forbes link:  http://www.forbes.com/sites/danielfisher/2015/02/11/patent-review-decision-brings-some-certainty-to-a-fast-changing-world/

Some text from Forbes:

On February 4, 2015, the federal appeals court tasked with hearing all appeals in patent matters issued a decision in In re Cuozzo Speed Technologies, LLC that serves as a ray of hope that a unified effort to right the patent ship may finally be underway.

(...)

Having endorsed the Patent Office’s broad construction regime over one hundred years ago, however, this would not have been the finest moment to reverse course. At bottom, Cuozzo changes nothing, and therein lies its beauty.

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