Monday, August 29, 2011

Federal Circuit -- IN RE AOYAMA

Patent stuff.  Chenery doesn't overly limit review.

Error in overbroad construction of claim.
Insufficient disclosure of algorithm.
Chenery does not bar appellate decision on different grounds than the Board considered.
Dissent: Ab initio raising of issues on appeal unfair to parties, barred by jurisdictional statute.

IN RE AOYAMA
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.