Tuesday, May 06, 2008

Professor Duffy's bombshell

I'm not sure (by a long margin) what the impact of John Duffy's analysis of the supposed unconstitutional appointments of patent judges will have on the world of patents but one thing is clear: if you thought the world of patents, patent laws, patent litigation and all of the rest was in bad shape, then this finding, that the entire edifice of patent judge appointments has been without the appropriate authority since 2000, should convince you that the mess is worse than we thought, and that it is going to require some very creative thinking for this boondoggle to not get worse. Keep an eye out for Translogic Technology, Inc. v. Dudas in the days to come.

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