Fed. Circ.'s Patent Rewrites Exceed Its Power, Justices Told

Law360 (September 11, 2019, 8:17 PM EDT) -- The Federal Circuit is undermining the separation of powers by rewriting patents after they've been issued, Technology Properties Ltd. LLC has told the U.S. Supreme Court in a bid to overturn a decision that several tech giants didn't infringe its microprocessor patent.

The Sept. 6 petition for writ of certiorari states that the circuit court has been using statements made during patent prosecution to narrow claims beyond what the owner and U.S. Patent and Trademark Office agreed to when the patent claims were approved. Technology Properties said that exceeds the court's authority and adds uncertainty to the patent system.

"Under our...

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