Posts Tagged: "stare decisis"

Only 1 in 20,631 ex parte appeals designated precedential by PTAB

PTAB decisions are predominately given one of three classifications: precedential, informative or routine. Only precedential decisions are to serve as binding authority. Informative decisions may serve as an authority but are not binding. Routine decisions may be cited as relevant but are not to be cited as an authority. Recent research indicates that, of the 20,631 ex parte appeal decisions issued in fiscal years 2013 or 2014, less than 0.04% (more specifically, 7 of the 20,631) were precedential or informative.

Supreme Court applies stare decisis in patent case

Simply stated, any patent decision from the Supreme Court that cites stare decisis lacks all intellectual credibility given how arbitrarily and capriciously they have ignored their patent own precedent and the patent statutes over the past decade. Obviously, this Supreme Court doesn’t understand the true definition of stare decisis. Given how frequently the Court disturbs well-established principles and precedent in the patent space the use of stare decisis in this case is nothing more than a complete and total cop-out. It also insults the intelligence of anyone who has even casually observed the Supreme Court on patent matters over the past decade.