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To: Swordmaker

The Cuozzo and Stryker decisions pending before SCOTUS should settle this soon.

Right now two different standards are being applied to patents. Broadest Reasonable Interpretation in the PTAB and Ordinary Claim Construction in the courts. An administrative agency, the PTAB, is claiming the power to overrule Article 3 decisions. So there’s conflicting standards and a power grab by an executive agency going on.

SCOTUS will assert its authority to retain jurisdiction over patent cases because it is in the Constitution. Congress, by statute, cannot alter or diminish the constitutional authority of the courts by turning that power over to an administrative agency, the PTAB. The PTAB is what Apple has been relying on.


47 posted on 05/27/2016 8:42:41 AM PDT by Pelham (Trump/Tsoukalos 2016 - vote the great hair ticket)
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To: Pelham; TXnMA; palmer; Mark17
SCOTUS will assert its authority to retain jurisdiction over patent cases because it is in the Constitution. Congress, by statute, cannot alter or diminish the constitutional authority of the courts by turning that power over to an administrative agency, the PTAB. The PTAB is what Apple has been relying on.

You, sir, are wrong. The Copyright Clause in the US Constitution is quite short and leaves a lot for Congress to create:

"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

Congress has the power to create the instrument that controls the way patents and copyrights are issued and cancelled. The Constitution only requires that patents and copyrights EXIST, not how they are managed, which IS an Executive Department function, but under the aegis of Congress to establish the laws under which such copyrights and patents are handled by the Executive. That means the statutory law, and the regulations promulgated under it, which you claim has no power to affect patents is the controlling factor, not the courts.

49 posted on 05/27/2016 10:03:36 AM PDT by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users continue..)
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