This is what I was getting at. It's great if the Supreme Court overturns this stuff, however if the Federal Circuit goes on ignoring it, and every case has to be appealed to the Supreme Court thereafter, then the impact is considerably dampened.
And, I don't think there isn't anything anyone can do about it. Is there even a precedent for a lower court blatantly ignoring the decisions of a higher one, at this level? Is there anything that can be done about it short of an act of Congress (which we can safely assume would never ever happen)?
Couple thoughts. First, Congress could swear in Obama's nominees. I haven't checked but a few years ago, basically he'd nominated hundreds of judges, and congress was refusing to approve any of them. This happened with Bush, too, so it's a bi-partisan thing.
It also means that, if you have a patent case, you must be ready to go to the supreme court. That's a shit ton of money...
This is what I was getting at. It's great if the Supreme Court overturns this stuff, however if the Federal Circuit goes on ignoring it
The Supreme Court affirmed the Federal Circuit in this case.
So, insofar as the precedent on this issue which the Supreme Court applied in this case, its pretty hard to say that the Federal Circuit was ignoring it.
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This is what I was getting at. It's great if the Supreme Court overturns this stuff, however if the Federal Circuit goes on ignoring it, and every case has to be appealed to the Supreme Court thereafter, then the impact is considerably dampened.
And, I don't think there isn't anything anyone can do about it. Is there even a precedent for a lower court blatantly ignoring the decisions of a higher one, at this level? Is there anything that can be done about it short of an act of Congress (which we can safely assume would never ever happen)?
Couple thoughts. First, Congress could swear in Obama's nominees. I haven't checked but a few years ago, basically he'd nominated hundreds of judges, and congress was refusing to approve any of them. This happened with Bush, too, so it's a bi-partisan thing.
It also means that, if you have a patent case, you must be ready to go to the supreme court. That's a shit ton of money...
The Supreme Court affirmed the Federal Circuit in this case.
So, insofar as the precedent on this issue which the Supreme Court applied in this case, its pretty hard to say that the Federal Circuit was ignoring it.
Is there even a precedent for a lower court blatantly ignoring the decisions of a higher one, at this level?
Jim Crow era Southern courts and practices like lynching had a lot in common with the CAFC's software patent jurisprudence.