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December 28, 2010

Court Reform

The Supreme Court has a busy docket of deciding patent law in 2011, with issues ranging from: patentability; invalidity burden of proof; prosecution laches; inequitable conduct; extraterritoriality; infringement (inducement, contempt); and several others. This continues the iron-clad trend of Congress abdicating its responsibility to fashion law to the courts, role-playing that extends to every facet of this nation's legal system. Expect the 2011 Congress to waft another "patent reform" bill, legislative flypaper solely intended to siphon contributions to its ultimate cause (reelection). In the finale, for the seventh year running, no passage. All the fireworks in the patent arena this coming year will again be shot by SCOTUS, with the obligatory sideshow, courtesy of the CAFC.

Posted by Patent Hawk at December 28, 2010 11:22 AM | The Patent System