On the main page, they’re talking about how Justice Alito wrongly criticized the Federal Circuit for “fundamentally” misunderstanding what infringement requires, but in doing so ignored the Federal Circuit’s own opinion, on review, on that subject in Limelight.
I’ve written a lot about how, in my humble view, the Supreme Court doesn’t understand patent law. I observed this first hand in watching oral argument in Gunn v. Minton. I experienced it first-hand as a clerk in assisting the court during the CLS Bank appeal, when the Federal Circuit clearly struggled with following the statute, following the cases, and giving a comprehensible framework for the patent community. I’ve seen it in reading Justice Scalia’s joinder in Myriad, where he basically said that he had no idea what the science was, and in seeing that, in fact, the Court completely botched that case. I’ve seen it in the silliness that was Biosig. Where are we now?
What we need is judicial restraint by the Supreme Court. They do not understand the technology, the law, or implications of what they do, and this is particularly true in 101 jurisprudence, where they simply can’t seem to read the statute or harmonize their own cases (no one can).