4 ms·

Is it binding in that circuit?

• exabrial 10y ago
  Which is a good point, that's a major circuit for tech. Also, what happens if another circuit rules the opposite? Can we start a case in a circuit without incompetent judges? Furthermore, if these judges are elected, they need to be VOTED OUT
  • Consultant32452 10y ago
    Generally speaking the precedent would not apply across circuits. The law would be interpreted as X in X circuit and Y in Y circuit.
  • the_ancient 10y ago
    The problem is the First Circuit gets ALL patent cases nationwide, so with this precedent in place anyone wanting to claim copyright infringement on a API will toss in a Patent claim as well to ensure it goes only to the First Circuit With the high court refusing to address the issue, we will never see another court get one of these cases.
    • Oletros 10y ago
      Yap, this is what I thought. The easy way to go to that court is tossing a patent claim