The article highlights a troubling practice at the Federal Circuit Court of Appeals (CAFC) where patent rights are often revoked on appeal without any detailed explanation, only receiving a one-word verdict 'AFFIRMED' in over 43% of cases. This has significant implications for inventors, as it is seen as a violation of statutory requirements and a dereliction of duty by the court. ParkerVision is actively seeking Supreme Court intervention to address this issue, supported by notable figures in the legal community who argue for the necessity of transparency in patent appeals.
If a court stripped away your property rights, wouldn't you at least want an explanation? The answer is obvious, but the reality is appalling. The practice of revoking patent rights on appeal without explanation... amounts to the seizure of property from an administrative agency without any reasoning provided by a constitutionally created Article III court.
Gene Quinn has said that this Federal Circuit Court practice is ‘placing America's inventors under siege,’ and former Chief Justice Paul Michel has called this practice a ‘dereliction of duty’ that ‘warrants immediate Supreme Court scrutiny.’
ParkerVision has filed a petition for a writ of certiorari with the Supreme Court and recently submitted a reply brief in an attempt to get the justices to take up this innovation-crippling practice.
...in over 43% of PTAB cases on appeal at the CAFC, inventors receive a single-word response - ‘AFFIRMED’ - rather than an opinion.
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