Supreme Court rebukes patent court judges (again)

Gigaom

There are many explanations for the sorry state of the U.S. patent system, but one that comes up on a regular basis is the U.S. Court of Appeals for the Federal Circuit. The pro-patent proclivity of the court, which hears every patent appeal in the land, has given it a “rogue” reputation and forced the Supreme Court to reverse its decisions again and again. This week, the Supremes did so once more.

In a 9-0 unanimous decision, the Supreme Court on Wednesday ruled that the appeals court botched things anew, this time over the level of proof that a licensee must bring to challenge a patent. The nuts-and-bolts of the decision turn on procedural issues, but the gist is that it’s now easier for those targeted by patent lawsuits to file a preliminary challenge to accusations of infringement. (You can get a full run-down at Patently-O and SCOTUSblog.)

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