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In my opinion, software elements in a claim should be treated as means-plus-function claims. I'm not sold on ending the Federal Circuit. It would just lead to
by rhino369 12y ago
In my opinion, software elements in a claim should be treated as means-plus-function claims.
I'm not sold on ending the Federal Circuit. It would just lead to forum shopping and arbitraging circuit splits. That would only increase litigation due to uncertainty.
I'll have to read the EFFs white paper to see why they feel this way. But IMO the Fed circuit + SCOTUS keeping them honest really works.
- btilly 12y agoDefine "really works". I also question how much the SCOTUS keeps them honest when they blatently ignore SCOTUS decisions, and SCOTUS does not have the bandwidth to continuously overturn them.