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September 23, 2012

Litter Box

Outside The Box Innovations launched a DJ in North Georgia. A biased judge gave them much of what they asked for: invalidity, non-infringement, even inequitable conduct. A confused CAFC panel (CAFC 09-1171) muddled through reversing much of what the district court had ruled. The queen of dissent, Judge Newman, once again adroitly pointed out how idiotically incompetent her colleagues were, in ignoring or mangling statute, case law, and not-so-common sense. One gem from Judge Newman to illustrate: "It is highly unusual to construe routine patent claims so as to exclude the embodiments in the drawings, when there is no prosecution disclaimer. The purpose of patent drawings is to focus the subject matter on which a patent is sought." The nonsense never ends with the largely insensible CAFC.

Posted by Patent Hawk at September 23, 2012 9:59 PM | Case Law