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Hyatt v. Kappos (Fed. Cir. 2010)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- The Supreme Court has spent a decade second-guessing (and in large part overturning) decisions of the Federal Circuit in the exercise of its unique mission to harmonize patent law. Sometimes this oversight has been occasioned to disputes between different members of the appellate court (e.g., Warner-Jenkinson Co. v. Hilton Davis Chemical Co.). In other instances, the Court has acted to reverse Federal Circuit jurisprudence specific for patent law, to bring practices more into line with the law of the other circuits (e.g., eBay Inc. v. MercExchange, L.L.C.). In one specific instance, the Court resolved the...

Full post as published by Patent Docs on November 16, 2010 (boomark / email).