Re:Winning the Blackbird Battle
by dctoedt on Thursday February 14, 2019 @05:58PM
(#19166901)
Um ... lawyer and former litigator here; I've done patent-case appeals at the Federal Circuit in a prior life:
1. Especially thanks to the Supreme Court's utter trashing of the analytical method (in Alice and other cases), it's not all that simple to move for dismissal on the pleadings.
2. I've looked at the patent and its claims; with a different trial judge and/or a different three-judge panel at the court of appeals, the outcome could easily have been different. CloudFlare's lawyers must have done a pretty good job, because getting a peremptory affirmance in the court of appeals under "Rule 36" [0] is a non-trivial achievement.
1. Especially thanks to the Supreme Court's utter trashing of the analytical method (in Alice and other cases), it's not all that simple to move for dismissal on the pleadings.
2. I've looked at the patent and its claims; with a different trial judge and/or a different three-judge panel at the court of appeals, the outcome could easily have been different. CloudFlare's lawyers must have done a pretty good job, because getting a peremptory affirmance in the court of appeals under "Rule 36" [0] is a non-trivial achievement.
[0] http://www.cafc.uscourts.gov/sites/default/files/rules-of-pr...