For one day, in one case at least, the Federal Circuit and Judge Richard Posner are seeing eye to eye.
The U.S. Court of Appeals for the Federal Circuit on Monday summarily upheld a ruling in a DNA technology patent dispute that the Seventh Circuit jurist presided over as a trial judge. Monday’s affirmance in Promega v. Applied Biosystems came despite recent sniping between the Federal Circuit, Posner and one of his Seventh Circuit colleagues—and also overcame assertions from appellant Life Technologies Corp. that Posner had ignored the evidence and formulated his own theory of the case.
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