By Laurie Self of Qualcomm (sponsor-generated content)
That’s a worry increasingly voiced by some of the federal judges most experienced in handling patent infringement cases.
At a recent Innovation Alliance event, Judge Kathleen O’Malley of the U.S. Appeals Court for the Federal Circuit, which handles all patent-case appeals, was the latest to express alarm at what she described as Congress’s potential overreach into rules governing how the judiciary branch decides patent-infringement cases.
“Once you intrude on the inherent authority of the courts to actually conduct the individual pieces of litigation before them, you are breaking down those divisions between the branches of government, and there is a grave danger in doing that,” said O’Malley
In a video, she warns that if Congress changes the rules for intellectual property cases to help one class of litigants, the rules can easily be weakened for civil rights or other kinds of trials.
If you’d like to discuss intellectual property issues, contact Robert Iussa, chairman Rose Law Group Intellectual Property Dept., riussa@roselawgroup.com