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Difference between revisions of "United States Court of Appeals for the Federal Circuit"

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(Some important cases: * Cybersource v. Retail ruling by US CAFC on 16 Aug 2011 - math on a computer can be patentable)
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The '''US Court of Appeals for the Federal Circuit''' or "'''CAFC'''" is the national court where patent appeals are heard.  Hierarchically, it is above the District Courts and below the [[US Supreme Court|Supreme Court]].
 
The '''US Court of Appeals for the Federal Circuit''' or "'''CAFC'''" is the national court where patent appeals are heard.  Hierarchically, it is above the District Courts and below the [[US Supreme Court|Supreme Court]].
  
Since its creation in 1982, the CAFC has massively expanded the scope for patenting business methods and software.
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Since its creation in 1982, the CAFC has massively expanded the scope for patenting business methods and software. The CAFC replaced the Court of Customs and Patent Appeals.<ref>{{cite web|url=http://www.patentlyo.com/patent/2010/10/guest-post-origins-of-the-clear-and-convincing-standard.html|title=Guest Post: Origins of the Clear and Convincing Standard }}</ref>
  
 
==Some important cases==
 
==Some important cases==
  
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* [[Cybersource v. Retail ruling by US CAFC on 16 Aug 2011]] - math on a computer can be patentable
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* [[in re Bilski (2008, USA)]] - ''en banc''
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* [[KSR v. Teleflex (2007, USA)]]
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* [[Microsoft v. AT&T (2006, USA)]]
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* [[eBay v. MercExchange (2006, USA)]]
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* [[AT&T Corp. v. Excel Communications Inc. (1999, USA)]]
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* [[State Street v. Signature Financial Group (1999, USA)]]
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* [[In re Beauregard (1995, USA)]] - which led to patent drafters coining the term [[Beauregard claims]]
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* [[In re Lowry (1994, USA)]]
 
* [[In re Alappat (1994, USA)]] - ''en banc''
 
* [[In re Alappat (1994, USA)]] - ''en banc''
* [[In re Lowry (1994, USA)]]
 
* [[State Street v. Signature Financial Group (1999, USA)]]
 
* [[AT&T Corp. v. Excel Communications Inc. (1999, USA)]]
 
* [[eBay v. MercExchange (2006, USA)]]
 
* [[Microsoft v. AT&T (2006, USA)]]
 
* [[KSR v. Teleflex (2007, USA)]]
 
* [[in re Bilski (2008, USA)]] - ''en banc''
 
  
 
==Pro-patent tendencies==
 
==Pro-patent tendencies==
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{{also|Pro-patent bias in courts}}
  
 
Many judges on the CAFC worked previously in private patent practice.  For evidence of strong pro-patent tendencies in this demographic, see: [[patent lawyers]].  The notable pattern is that their experience is systematically in litigation, and managing large patent portfolios, not in public interest defence or in protecting those who don't have patents against those who do.
 
Many judges on the CAFC worked previously in private patent practice.  For evidence of strong pro-patent tendencies in this demographic, see: [[patent lawyers]].  The notable pattern is that their experience is systematically in litigation, and managing large patent portfolios, not in public interest defence or in protecting those who don't have patents against those who do.
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==En banc and panel decisions==
 
==En banc and panel decisions==
  
The CAFC usually gives "panel decisions" which are written by a panel of three CAFC judges.  The court can also take a case "en banc", which means all active judges of the CAFC participate in writing the opinion (or opinions).  The number of active judges varies.  The maximum seems to be eighteen.{{ref}}  The purpose of ''en banc'' cases is to set firmer case law on a particular issue.
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The CAFC usually gives "panel decisions" which are written by a panel of three CAFC judges.  The court can also take a case "en banc", which means all active judges of the CAFC participate in writing the opinion (or opinions).  The purpose of ''en banc'' cases is to set firmer case law on a particular issue.
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==Judges==
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(May not be 100% up to date.)
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The number of judges on the CAFC varies with time.  The maximum seems to be eighteen.{{ref}}   
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===Present===
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* Chief Judge [[Randall Ray Rader]] - described as the most pro-swpat of the Court's members<ref>{{cite web|url=http://opensource.com/law/13/9/software-patents-reform|title=The role of software patents in the patent reform debate (comments section)|quote= The principle supporter within the judicial system of the idea that all software is patentable is Chief Judge Rader}}</ref>
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* [[William Curtis Bryson]]
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* [[Raymond Charles Clevenger III]]
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* [[Timothy B. Dyk]]
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* [[Arthur J. Gajarsa]]
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* [[Richard Linn]]
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* [[Alan David Lourie]]
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* [[Haldane Robert Mayer]]
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* [[Kimberly Ann Moore]]
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* [[Pauline Newman]]
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* [[Kathleen M. O'Malley]]
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* [[S. Jay Plager]]
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* [[Sharon Prost]]
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* [[Jimmie V. Reyna]]
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* [[Alvin Anthony Schall]]
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===Past===
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* [[James Lindsay Almond, Jr.]]
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* [[Glenn Leroy Archer, Jr.]]
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* [[Phillip Benjamin Baldwin]]
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* [[Marion Tinsley Bennett]]
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* [[Jean Galloway Bissell]]
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* [[Arnold Wilson Cowen]]
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* [[Oscar Hirsh Davis]]
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* [[Daniel Mortimer Friedman]]
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* [[Shiro Kashiwa]]
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* [[Don Nelson Laramore]]
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* [[Howard Thomas Markey]]
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* [[Paul Redmond  Michel]]
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* [[Jack Richard Miller]]
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* [[Philip Nichols, Jr.]]
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* [[Helen Wilson Nies]]
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* [[Giles Sutherland Rich]]
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* [[Byron George Skelton]]
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* [[Edward Samuel Smith]]
  
 
==Related pages on {{SITENAME}}==
 
==Related pages on {{SITENAME}}==
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* [[Case law in the USA]]
 
* [[Case law in the USA]]
 
* [[Court cases and lawsuits]]
 
* [[Court cases and lawsuits]]
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* [[How to submit an amicus brief in the USA]]
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* [[:Category:Court rulings by US CAFC]]
  
 
==External links==
 
==External links==
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* http://www.cafc.uscourts.gov/
 
* http://www.cafc.uscourts.gov/
 
* http://www.cafc.uscourts.gov/judgbios.html
 
* http://www.cafc.uscourts.gov/judgbios.html
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* [http://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Federal_Circuit United States Court of Appeals for the Federal Circuit], '''Wikipedia'''
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* [http://en.wikipedia.org/wiki/United_States_Court_of_Customs_and_Patent_Appeals United States Court of Customs and Patent Appeals], '''Wikipedia'''
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===News selection===
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* [http://www.forbes.com/sites/timothylee/2012/10/03/the-federal-circuit-not-the-supreme-court-legalized-software-patents/ The Federal Circuit, Not the Supreme Court, Legalized Software Patents], 3 Oct 2012, '''[[Timothy B. Lee]]'''
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* [http://arstechnica.com/tech-policy/2012/09/how-a-rogue-appeals-court-wrecked-the-patent-system/ How a rogue appeals court wrecked the patent system], 30 Sep 2012, '''Timothy B. Lee'''
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* [http://arstechnica.com/tech-policy/news/2011/08/appeals-court-says-only-complicated-math-is-patentable.ars Does not compute: court says only hard math is patentable], Aug 2011, '''Timothy B. Lee'''
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==References==
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{{reflist}}
  
  
 
{{footer}}
 
{{footer}}

Revision as of 01:26, 20 February 2014

The US Court of Appeals for the Federal Circuit or "CAFC" is the national court where patent appeals are heard. Hierarchically, it is above the District Courts and below the Supreme Court.

Since its creation in 1982, the CAFC has massively expanded the scope for patenting business methods and software. The CAFC replaced the Court of Customs and Patent Appeals.[1]

Some important cases

Pro-patent tendencies

See also: Pro-patent bias in courts

Many judges on the CAFC worked previously in private patent practice. For evidence of strong pro-patent tendencies in this demographic, see: patent lawyers. The notable pattern is that their experience is systematically in litigation, and managing large patent portfolios, not in public interest defence or in protecting those who don't have patents against those who do.

  • Pauline Newman: From 1969 to 1984, Judge Newman served as director, Patent, Trademark and Licensing Department, FMC Corp. [...] She served as patent attorney
  • Alan D. Lourie : He was formerly Vice President, Corporate Patents and Trademarks, and Associate General Counsel of SmithKline Beecham Corporation. [...] he had been President of the Philadelphia Patent Law Association, a member of the Board of Directors of the American Intellectual Property Law Association (formerly American Patent Law Association), treasurer of the Association of Corporate Patent Counsel, and a member of the board of directors of the Intellectual Property Owners Association.
  • Richard Linn: ...served as a Patent Examiner at the United States Patent Office from 1965 to 1968
  • Kimberly A. Moore: has written and presented widely on patent litigation. She co-authored a legal casebook entitled Patent Litigation and Strategy
  • ...

En banc and panel decisions

The CAFC usually gives "panel decisions" which are written by a panel of three CAFC judges. The court can also take a case "en banc", which means all active judges of the CAFC participate in writing the opinion (or opinions). The purpose of en banc cases is to set firmer case law on a particular issue.

Judges

(May not be 100% up to date.)

The number of judges on the CAFC varies with time. The maximum seems to be eighteen.[reference needed]


Present

Past

Related pages on ESP Wiki

External links

News selection

References