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May 23, 2007
Damaging Portions
On
May 3rd, Chief Judge Paul Michel at the Court of Appeals for the Federal Circuit
(CAFC)
wrote Senators Leahy & Hatch on two issues in the Patent Reform Act of 2007,
specifically, interlocutory appeals, and apportioning damages; bad
ideas, pens Michel.
First, the provision making claim construction rulings immediately appealable will likely increase filings in this court... Providing immediate appellate review [of claim construction] is very inefficient.
Second, the provision on apportioning damages would require courts to adjudicate the economic value of the entire prior art, the asserted patent claims, and also all other features of the accused product or process whether or not patented. This is a massive undertaking for which courts are ill-equipped.
Thanks to Hal Wegner for the info.
Posted by Patent Hawk at May 23, 2007 12:54 PM | The Patent System