September 1-30, 2020

The Future of the CAFC: Is the Court Still Relevant?

Russ Slifer
02 Sep 2020
12:45 pm
All Times EST

The Future of the CAFC: Is the Court Still Relevant?

Register FreeThe Federal Circuit disposes of 50% of its docket with one sentence decisions merely saying “Affirmed”. The Court also repeatedly says it is handcuffed on patent eligibility even when all judges agree the invention should be patent eligible. The Court matter-of-factly rules that a claim with tangible, concrete, physical limitations can be abstract, and a claim that is novel and non-obvious still lacks an inventive contribution. Methods that rely on natural laws are themselves now natural laws. Certain panels also refuse to follow en banc precedent, including precedent relating to secondary considerations, instead turning secondary considerations into rebuttal evidence. These and other peculiarities require discussion of the continued relevance of a Court that was created to bring certainty to the law.

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