Thursday, December 8, 2011

Judge Newman Sure Likes Patents

Judge Newman of the U.S. Court of Appeals for the Federal Circuit has a reputation for being in favor of strong patent protection,  In case there was any doubt, read her dissenting opinion today in In Re Construction Equipment Co.  In the opinion, she basically says that the ex parte reexamination statute is unconstitutional if it can be used to invalidate a patent that already survived a validity challenge.  Fortunately, I don't think many people agree with Judge Newman on this.

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