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For many years we've written about the serious problems with CAFC, the court of appeals for the federal circuit, which is better known as the appeals court where all patent cases go. CAFC was created in the early 1980s under the belief that a more "specialized" court could better handle the more complicated technical issues related to patents. But what really happened is that it basically built a club of patent-friendly judges, who spent nearly all of their time with patent lawyers, and thus took an increasingly patent-friendly view of the world.
My reading of this is that the "step-down" preserves the status quo. The "new court" is just as much "pro-patent" as it was previously......You don't save the Titanic by altering the position of the deck-chairs.
My impression is that this is a court in bad need of either dissolution (which I think would be the best answer) or alternatively, a complete clean out of the current judge panel and replacement with judges that are known to be unbiased with respect to patents - if that's possible.
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My impression is that this is a court in bad need of either dissolution (which I think would be the best answer) or alternatively, a complete clean out of the current judge panel and replacement with judges that are known to be unbiased with respect to patents - if that's possible.