Wednesday, January 29, 2014

Federal circuit's monopoly over patent cases obstructs reform

President Obama did mention the need for patent reform in his State of the Union speech, but one more suggestion that he did not mention is discussed in the Washington Post Switch Blog by Timothy B, Lee, link (website url) here.  That is, take away some of the monopoly (set up in 2006 by Congress) the Federal Circuit (the District of Columbia Court of Appeals) has on patent cases.  The circuit has tended to favor patent holders, and been willing to stretch logic in validating ideas like software patents. It has place the burden on defendants in showing that they didn't infringe on particular patents.
I've sat in the DC Circuit once, in May 1994, when the en banc court heard former Naval Academy midshipman Joseph Steffan's case.


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