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January 22, 2016

Not Running

Commil USA v Cisco (CAFC 2012-1042) illustrates the incompetence of the patent law system in the US. The case went up to the Supreme Court and back down to the CAFC before being settled on a rather simple, well-established technical fact of non-infringement: Cisco did not run a claimed protocol at each mobile device. Instead, Cisco used a single copy of the protocol for all connected devices. This overturned a jury verdict which the district court judge had let stand. The CAFC panel noted that "a reasonable jury" could not have found what it did. Which is to say the reasonable juries do not exist. Not to mention district court judges on up.

Posted by Patent Hawk at January 22, 2016 1:04 PM | Infringement