The Supreme Court has denied Openet’s petition for writ of certiorari in Openet v. Amdocs. The petition asked “whether the Federal Circuit erred by looking beyond the claims to the patent specification to assess patent eligibility?” The court also denied certiorari in the pro se case of Poniatowski v. Matal.
Oil States oral argument transcript here: link to supremecourt.gov
At oral argument Oil States immediately concedes that both ex parte re-exam and inter partes re-exam are <b.constitutional because they are (get your bucket ready) “examinational” in character.
And then when Oil States tries to explain what it’s talking about, it immediately backs right up into the l i e s that fill its briefs.
What a farce.
Absolutely agree, MM. A farce.
Kise to court:
“Justice Ginsburg, what you’re hearing from the Petitioner is a process versus power argument. The quarrel is with the process. The Petitioner has conceded that the power exists, the power of revocation,…”
The Supreme Court has denied Openet’s petition for writ of certiorari in Openet v. Amdocs. The petition asked “whether the Federal Circuit erred by looking beyond the claims to the patent specification to assess patent eligibility?”
Of course there was no error there. In general, patent eligibility is just like everything else involving patent claims. There’s no rule against looking at the specification to gain insight into what the scrivener is trying to protect. Why would there be?
Oil State : Oral Arguments
Supreme Court divided over legality of patent reviews
link to reuters.com
I guess the decision is going to be 5/4
Conservative Justice Neil Gorsuch raised doubts, countering that judicial review is available only if someone appeals a patent review proceeding’s decision
LOL So?
Conservative Chief Justice John Roberts said Supreme Court precedents have frowned upon the government offering benefits on a conditional basis in which “you have to take the bitter with the sweet.”
Complete unadulterated horseshirt.
But you gotta love those pics of the “protesters” (all fifteen of them!) waving their flags and (surprise!) echoing Emperor Cheetostain’s campaign slogans. Nobody could have predicted! Next we’ll hear all about how the IPRs are causing them “economic anxiety” which seems to be the ready-made excuse for the worst human behavior on earth these days.
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