Fed. Circ. Judge Says Congress Must Resolve Split Rulings

By Ryan Davis (April 24, 2014, 7:18 PM EDT) -- The Federal Circuit's sharply split decisions on contentious issues such as when software is eligible for a patent suggest that those issues raise policy concerns that Congress is in a better position than judges to resolve, the court's longest-tenured judge said at a policy conference on Thursday.

The Federal Circuit was not designed to be a policy body, and its inability to reach a consensus in several high-profile en banc cases with policy implications illustrate that limitation, Judge Pauline Newman said at the Fordham Intellectual Property Law and Policy Conference.

"The areas where we have not spoken with one voice, like...

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