June 27, 2013
The reckless disregard for the law continues at the CAFC. In Commil v. Cisco Systems (2012-1042), a panel majority holds "that evidence of an accused inducer's good-faith belief of invalidity may negate the requisite intent for induced infringement." Judge Newman, in dissent: "A belief of invalidity cannot avoid liability for infringement of a patent whose validity is sustained. The panel majority's contrary holding is devoid of support in law and precedent."
June 22, 2013
The CAFC continues to astonish. Novo Nordisk v. Caraco yielded a 2-1 decision of chemical obviousness. The majority contravenes a well-established trail of precedents, dating at least to In re Papesch (1963). Judge Newman, in dissent, feels the need to remind her colleagues of "real world considerations."
June 17, 2013
Reverse payment deals to effectively extend patent protection for drug makers has been approved by the courts. But the FDA took a dim view in one instance, finding antitrust implications. For that it got slapped down by the district and appeals courts, for lack of jurisdiction. But the Supreme Court (12-416), in the interest of "public policy," was wont to let the government do its job as it saw fit. Never one for bright-line rules, reverse payments are generally okay, unless a Federal regulator decides otherwise.
June 13, 2013
9-0, the Supreme Court (12-398) ruled in the Myriad case that isolating DNA was not patentable, but creating DNA was. "In this case, by contrast, Myriad did not create anything. To be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention." The incompetent CAFC had ruled that isolating DNA was patentable.
June 5, 2013
Open Season on Inventors
Political consensus by the powers that be has been achieved. It's open war on inventors. Any individual inventor who tries to enforce a legally granted patent is persona non grata before the courts. Said inventor will have to pay for defendant costs after being robbed of asserted patents. That is the fervent wish of Chief Judge Osama bin Rader of the Court of Appeals, Federal Circuit (CAFC).
June 4, 2013
Patent Police State
The gross incompetence of the USPTO in years past continues to come a cropper. 35 U.S.C. § 271 states "whoever without authority makes, uses, offers to sell, or sells any patented invention... infringes the patent." The natural capitalist response has been for companies to buy patents to assert against makers, sellers, and, at the extreme, users, to extort licenses. Perfectly legal. But big business has been in an uproar about ceaseless assertions. Now the President has stepped in to confront the law and put the plutocracy on firmer footing. Law & order only go so far. Fuck the law. And that's an order.