Cuozzo

Well, we'll know pretty soon if patents will be protected by the Supremes as a property right or thrown to the wolves at the death squad created by our Congress.

Justice Roberts figured out the problem that the CAFC created in the race to final judgment in the Baxter case but was probably totally unaware that his court could have granted certiorari and nipped the race in the bud. It has now dawned on him that Congresas, with it's troll killing attempt in the AIA created a mini court in the PTAB that is not bound to follow judicial law on claim construction and that their rulings on validity using BRI trump federal district court rulings on validity.

The government's attorney argued that the mini courts' rulings do away with the need for real courts because the claims are canceled at the mini court and there is nothing left for the real courts to do. But, to avoid the potential wrath of judges being stripped of the power to construe claims, He says there are other issues that might be left over for the courts because the death squad can only rule on validity and obviousness.

Except for Breyer (what an idiot), I felt most of the judges recognized that the AIA created a mess with PTAB by not telling them what test to apply in making their decisions. The issue now is whether or not they are going to support the rules promulgated by the agency and walk away from patent cases or are they going to state that they have a Constitutional duty to protect patent property rights and again take control of this area of law.

ghors