insofar as the CAFC could even remotely be considered by such a court
Before the CAFC, patent appeals went to the regional circuits. Now they all -- every one in the nation -- run to the corrupt CAFC. Even non-patent cases like the case where CAFC ruled in favor of copyrights on APIs can be packaged off the the CAFC instead of regional circuits by including unrelated patent issues.
The regional circuits created a mess with patent law. Wasn't it the 7th circuit that never found a patent to be valid. 3M was justifiably upset about that. If forum shopping is bad now, think how it would be with regional circuit patent law.
Wasn't it the 7th circuit that never found a patent to be valid. 3M was justifiably upset about that. 3M was justifiably upset about that. If forum shopping is bad now, think how it would be with regional circuit patent law.
I started out at the very beginning of the Federal Circuit era. I think you might be thinking of the 8th Circuit (and the District of Minnesota) as implacably hostile to patents. And yes, forum-shopping could be really bad in those days.
Comments
insofar as the CAFC could even remotely be considered by such a court
Before the CAFC, patent appeals went to the regional circuits. Now they all -- every one in the nation -- run to the corrupt CAFC. Even non-patent cases like the case where CAFC ruled in favor of copyrights on APIs can be packaged off the the CAFC instead of regional circuits by including unrelated patent issues.
The regional circuits created a mess with patent law. Wasn't it the 7th circuit that never found a patent to be valid. 3M was justifiably upset about that. If forum shopping is bad now, think how it would be with regional circuit patent law.
I started out at the very beginning of the Federal Circuit era. I think you might be thinking of the 8th Circuit (and the District of Minnesota) as implacably hostile to patents. And yes, forum-shopping could be really bad in those days.
The 7th Circuit is also not very generous to debtors in bankruptcy practice. Yet the world goes on. This variation isn't a bad thing, IMHO.
Bankruptcy has bankruptcy district courts.
Yes, but they're Article I courts where everything is reviewable by a generalist District Judge.