Undeveloped Patent Cases Leave Fed. Circ. In Dark: Judge

Law360 (October 1, 2019, 10:43 PM EDT) -- Sending patent disputes that were dismissed in the early stages straight up to the Federal Circuit is a bad idea because it leaves judges "in the dark," one judge suggested Tuesday morning in the midst of oral arguments over a heart monitor patent.

If the case is appealed before the parties have a chance to flesh out the record, judges can struggle to fully understand the matter when it comes to incredibly technical and complicated patents, U.S. Circuit Judge S. Jay Plager said.

The lower court lacked the information it needed to judge whether the heart monitor patent in dispute was...

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