Re:Federal Circuit reexamining whether software is patentable
by bcoates on Tuesday October 09, 2012 @08:00PM
(#4634484)
The SCOTUS doesn't have to rehear the case. They can and sometimes do respond to a petition by just reversing the lower court.
Re:Federal Circuit reexamining whether software is patentable
by rprasad on Tuesday October 09, 2012 @09:47PM
(#4634716)
They can, but ruling on an appeal without issuing an opinion is not only considered bad jurisprudence, it has no precedential effect and thus does not create binding law on the lower court.
Consequently, it is rarely done. Moreover, in most instances where it is done, the reversal is on procedural rather than substantive grounds.
Re:Federal Circuit reexamining whether software is patentable
by bluedanieru on Tuesday October 09, 2012 @11:21PM
(#4634901)
It seems whether the ruling sets a precedent or not is irrelevant, since the Federal Circuit will just ignore it anyway.
2) SCOTUS cannot do anything except to rehear FC cases...but it can change internal procedures and court rules so that, for example, all patent cases are automatically granted review by SCOTUS upon application by either party, etc. (SCOTUS cannot do away with the requirement that parties request review, as that is a procedural requirement set forth by law.)