In the few months that I've been writing this blog, I've stuck to covering BPAI decisions, with the very occasional discussion of a Federal Circuit appeal of a BPAI decision.
I've decided to also consider district court decisions as possible blog topics. After all, I spend a lot of time thinking about infringement issues as I prosecute, yet the BPAI doesn't handle infringement. I also (unfortunately) think from time to time about inequitable conduct, since any patent that is litigated is likely to involve an inequitable conduct counterclaim. For these reasons, I'll now be covering district court patent cases from time to time.
You might ask why district court decisions rather than Federal Circuit. Two reasons. One, there's lots of coverage out there already on Federal Circuit decisions. Two, there are lots of issues that come up at the district court but are not appealed. So the number of interesting issues is simply larger at the district court level.
Covering District Court decisions is a good idea. CAFC opinions give us black-letter law, but District Court cases give us a "feel" for how that law is applied on a day-to-day basis.
ReplyDeleteScott Daniels
Westerman Hattori Daniels & Adrian
Good point.
ReplyDeleteI've heard some practitioners say they don't see much value in reading D.C. decisions since the reversal rate is so high at the Fed. Cir. But I think your position is better -- even if the DC is often reversed, there *is* value in knowing how a DC could apply the law.
I'm not really looking for the *right* answer in the cases I read -- most cases that get to Summary Judgment aren't a slam dunk anyway. I find it interesting to see what arguments are advanced by both sides, and to see (as you say) how the court decides.
Where are you finding information on D.C. cases?
ReplyDelete>Where are you finding information on D.C. cases?
ReplyDeleteThere are several IP litigation blogs that cover D.C. decisions. I regularly read http://www.chicagoiplitigation.com/ and
http://www.delawareiplaw.com/.
I recently discovered the Patent Infringement Blog (http://docketreport.blogspot.com/), which gives a brief summary of all newly decided patent decisions.
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