How a rogue appeals court wrecked the patent system
2 10 2012In 1972, the Court of Customs and Patent Appeals (CCPA) got a new chief judge named Thomas Markey. At Markey’s investiture ceremony, patent attorney Donald Dunner spoke of the “anguish of the patent bar about the treatment of patents in various federal courts.” The CCPA, a DC-based court that heard appeals from the US Patent & Trademark Office, was considered to be relatively pro-patent—but other federal appeals courts had jurisdiction over actual patent lawsuits and tended to be friendlier to patent defendants. Even worse, in Dunner’s view, the Supreme Court itself seemed unfriendly to patent holders.
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