Posts Tagged: "jump the shark"

Finding a Nut: Supremes Get a Patent Case Right!

Maybe it is the result of the case being of such little importance to the patent system as a whole, or maybe it is just evidence that every blind squirrel finds a nut every once in a while. Whatever the case may be, the United States Supreme Court yesterday did get it right in a patent case. Virtually no one brings appeals from the Patent Office to the district court under § 145 despite the far more favorable review standard, which we have known about at least since 1999 in Dickinson v. Zurko. § 145 will remain an infrequently used relic of the patent system, and we are left to lament that it would have been far better for the Supreme Court to get Mayo v. Prometheus right than for them to get Kappos v. Hyatt right. Sigh.

Jump the Shark Patent Style: Supremes Take Kappos v. Hyatt

By accepting cert. in Kappos v. Hyatt the United States Supreme Court has clearly and undeniably jumped the shark in terms of patents. This case, which raises issues of such little importance to the greater scheme of patent law, is hardly appropriate for Supreme Court consideration. All those attorneys and parties who will have your petition for cert. denied you are left with the sad reality that your case is not as important as a matter that statistically comes up in .00% of all patent applications filed at the USPTO.