Tuesday, March 12, 2013

A Patent on Searching for Real Estate via a Map? Federal Circuit Continues with Absurd Patent Decision-Making

As reported by Debra Cassens Weiss at the ABA Journal, the Federal Circuit has needlessly "revived" an infamous' patent dispute involving online map searches for real estate by requiring the trial court to review the case pursuant to the Federal Circuit's absurd decision in Akamai Technologies, Inc. v. Limelight Networks, Inc., perhaps one of the worst legal decisions ever to issue from a US court of law, virtually extending patent law into the realms of criminal conspiracy and inventing a ludicrous legal theory of communal patent infringement by multiple parties.

The Federal Circuit on the whole remains a tragic experiment of American law and jurisprudence, showing that a so-called "patent" court filled with allegedly technologically schooled judges is no substitute for a "real" court of law manned by people who understand "the law", whatever their failings in technological expertise.

And just as an aside: "real estate" has been divided into "plots" of land ever since the earliest days of human  civilization. Real estate is geographic and cartographic by definition. "Real estate" has been found by maps of some sort ever since "real property" was invented.

For anyone to claim to have invented "searching" for real estate via a map and for the USPTO and courts to fail to find this obvious and anticipated by prior art is simply incredible.

We have a patent system currently in the hands of the clueless, especially in terms of many of the judges on the Federal Circuit.

The Akamai case is one more glaring example of that.

We repeat our legislative suggestion to Congress that the Federal Circuit be disbanded and that all patent cases be placed in the jurisdiction of normal courts of law.

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