Just when it seems that things cannot be much worse for patent applicants, the Federal Circuit surprised us with a modest string decisions actually find in favor of patent holders.
Just a week after Muniauction, Inc. (pdf) did it on the Chin for having his upside down $ 77 million jury verdict (invested in "you get zip, nothing, nothing"), DC guys decided really one in favour of the proprietor of the patent. (pdf)?Moreover did defend a finding of infringement summary judgment. Hmmm, has not seen in quite some time.
1 August of this year, really surpassed themselves by not only invest summary of findings (pdf) invalidity, non-infringement, and unfair (with honorary been driven boot) behaviour, but direct that the case reassigned to a different judge pre-trial and trial. I had to pinch I sure that I was not dreaming. I wasn't, six days later did them it again (pdf) (not good, almost - no reassignment to a new judge this time).
Then in brief summary of the order (1) mounting an offending potential that filed a lawsuit early DJ (2) partially retained a jury on a holder of individual patent and (3) a lower vacancy court verdict the conclusion of the judgment of non-infringement, and no responsibility for damages. What is truly amazing is that the second of these (Voda v. Cordis) actually had retained from the jury finding of infringement under the doctrine of equivalents - the doctrine of equivalents of all things! (For young people who have never heard of it, just ask anyone in practice by 2002.) He might even be able to tell you about Phlogiston too.)
Speaking of ancient history, the circuit of the eight at a time was for anti-patent had an uninterrupted chain of 18 or 19 decisions, each one find the subject patent invalid.? Finally and clearly recognizing that this not had gone unnoticed by the bar retained some obscure patents, probably just to get one in the column "win" for a change.
While the cynical side of tells me that the federal circuit simply is doing the same here, (all in all, even in the tightest casinos that someone let win occasionally) would like to think that perhaps the pendulum is swinging in favor of owners once more.
On a serious note, I really want to think is not lost former Labour Markey, Rich judges and others were made to provide the right patent from arcane haven to the forefront of the law.? There is no doubt in my mind that the law has changed far protect individual inventors in recent years and that some in the Court have a program in this direction.? It is unclear if win.
Perhaps this minor cases of patent rights chain signals of a real shift towards strong patents.? Perhaps are just a minor aberration.? Or perhaps the real aberration has been the first twenty years of existence of the Federal Circuit, and that what we are witnessing now is simply a reversal of the law backward to what has been all the time.? I would not believe it, but the truth is that during most of the 20th century patents is not worth much, if anything. We have lived through before, and easily could happen it again.? We go that direction?? I guess time will tell.
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