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Monopoly corrupts. Absolute monopoly corrupts absolutely.





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Are all patent appeals court decisions invalid? How opportune!

Adam Liptak calls our attention to a short paper by George Washington University Law School teacher John F. Duffy, which "seems poised to undo thousands of patent decisions concerning claims worth billions of dollars" link here. It challenges the validity of the appointment of judges deciding patent appeals. Liptak seems certain that the challenge is valid but also that legal chaos will result because all those cases would have to be reheard before legitimately appointed judges.

One may hope that the outcome will be as the professor argues because it opens up the opportunity to reject an enormous number of decisions that have since been questioned, such as the one granting business process patents. But given the amount of money at stake, few would write off the ability of legislators and lawyers to "craft a solution" which leaves things as they are. Too bad.


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