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Re: myunderstanding post# 17775

Tuesday, 10/14/2014 3:07:20 PM

Tuesday, October 14, 2014 3:07:20 PM

Post# of 46271
Decision as precedent on certificate of correction

It would only be within that district:
http://volokh.com/2010/05/25/district-court-opinions-precedential-within-the-same-district/
I see in Kerr v. Hurd (S.D. Ohio Mar. 15, 2010), the assertion that “In the absence of supervening case authority from the Supreme Court or the court of Appeals, this Court is bound, under the doctrine of Stare decisis, to follow decisions of its own judgments.”

So if another patent case happens within the Massachusetts Federal District, then those courts are supposed to decide issues with a certificate of correction the same way. Courts outside of Massachusetts would not be bound but could look to this decision as "Persuasive Authority".

A case citing to "Persuasive Authority" is usually done when there are no decisions within that district on point or no other decisions that the court are bound by. (A ruling by an appellate court for the district or a US Supreme Court Decision.)

You can also have a situation where different districts have conflicting (different) opinions on the same issue.

Louis J. Desy Jr.

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