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Re: A deleted message

Wednesday, 04/27/2016 12:33:18 PM

Wednesday, April 27, 2016 12:33:18 PM

Post# of 46424
Well it seems SCOTUS is finally taking notice of 'core/ structural' IP Law issues given Cuozzo and in particular chief Judge Robert's comments / line of questioning.

I would not be surprised if he is the one championing this. Realize that the legal questions raised did concern at least one judge to even get to conference so this is a positive sign.

I think in combination with Cuozzo these 2 cases address the majority of issues at the PTAB.

Typically I would agree with your comment given SCOTUS has somewhat ignored IP in the past - but I think Roberts has noticed we have major issues going on with the PTAB process and AIA and has a burr in his saddle about it. In fact, he said something like 'this process makes no sense'...so he definitely has some issues with it, whether those concerns extend to constitutionality we will see but SCOTUS tends to be very protective of the constitution so let's hope!

I hope I am right, this case would be pretty much a home run for IP holders, swinging the pendulum back in favor of property rights vs those wanting to destroy them.