Dr. Arunachalam has no chance of winning her now pro se patent case against J.P. Morgan Chase – but the sentiments that she puts forth in her petition for writ of certiorari are felt by many who are sidelined by the complexity and expense of the U.S. patent system.
- Is the Court of Appeals for the Federal Circuit (“CAFC”) permitted to create a new protected class – a giant corporation – to take private property for public use without any compensation to the inventor, … by denying the inventor the protections of the Bill of Rights and 35 U.S.C § 282 of the Patent Act, thereby voiding the judgment?
- Whether the CAFC erred in not honoring the law, after abridging liberty rights of a citizen, arbitrarily dismissing the appeal without a hearing or an opening brief or clear and convincing evidence from a giant corporation, depriving the citizen of patent property rights, was the citizen deprived of the protections of 35 U.S.C. § 282 of the Patent Act and the Bill of Rights, thereby voiding the judgment?
- Whether the CAFC erred in not relieving a citizen of a final judgment for misrepresentation by a giant corporation or for any reason that justifies relief for a judge denying the citizen a hearing according to law, depriving the citizen of patent property rights, was Petitioner deprived of the protections of FRCP Rule 60(b)? . . .
At the district court level, Judge Robinson (D.Del.) ruled on summary judgment that the asserted claims were invalid for failing either the definiteness, written description, or enablement requirement of the Patent Act. In addition, Judge Robinson found the claims not infringed. U.S. Patent Nos. 5,987,500; 8,037,158; and 8,108,492. As part of a pattern, Arunchalam partially relied upon patent counsel but at some point there was a disagreement and she moved pro se.
Dr. Arunachalam has been previously sanctioned by the PTAB for, inter alia, creating a website with PTAB Judge McNamara’s picture super-imposed on a background of shooting-targets and crossbones in (what the PTAB calls) an attempt to intimidate. Arunachalam sued dozens of defendants for infringing the above listed patents – and eventually also sued her litigation counsel for “legal malpractice in patent infringement, personal injury, fraud, intentional misrepresentation, breach of contract, sexual harassment, blackmail, elder abuse, terrorizing, duress, financial damage, and negligence.”
As another interesting trick – to get around the word-count at the Federal Circuit, Dr. Arunchalam just jammed words together Germanstyle. E.g., instead of citing to Thorner v. Sony Computer, Arunchalam used the following space-free string: Thorner.v.SonyComputerEntm’tAm.LLC,669F3d1362,1365(Fed.Cir.2012). (Volokh).