Re:Supreme Court to Hear Google-Oracle Copyright Fight
by dragonwriter on Friday November 15, 2019 @09:30PM
(#21550584)
> Congress passed in 1982 a statue called the Federal Courts Improvement Act, where instead of having a random judge make decision, you now instead have selected judges specialized in IP.
No.
Instead of the geographic Circuit Courts of Appeal hearing patent cases, any first appeal of a case with any patent claims involved goes to court specialized in Patent cases.
Other IP (copyright, trademark, trade secrets, right of publicity) cases are not affected and have appeals go through the regular geographic circuits, so substituting “IP” for “patent” is incorrect.
(Oracle v. Google is a copyright case, so why is CAFC and not the 9th Circuit involved? Because there were also patent claims in the case, so even after they were dead the Federal Circuit “owned” the appeal.)
Congress passed in 1982 a statue called the Federal Courts Improvement Act, where instead of having a random judge make decision, you now instead have selected judges specialized in IP. Those specialized judges comes from lawyers who have worked for companies protection their IP, and thus a bias in favor of IP in the court of appeal. When the case goes to the supreme court this bias goes away.