The U.S. Court of Appeals for the Federal Circuit was established nearly 30 years ago to create a uniform body of patent law and, some argued, to end the perceived unwillingness of some federal courts to honor patent rights. During the past several years, some critics of the patent system — including the authors of a 2003 Federal Trade
Commission report — contended that the court had gone too far, recognizing and enforcing patent rights too vigorously, arguably stifling innovation and conferring windfall recoveries on the owners of weak patents. Several versions of legislation to “reform” the Patent Act have been introduced in Congress. And in cases such as eBay Inc. v. MercExchange LLC, 547 U.S. 388 (2006), which considered rules governing injunctive relief, and KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007), regarding the standards for invalidating a patent for obviousness, the U.S. Supreme Court swung the pendulum back somewhat, restricting procedural and substantive rules that had favored patent owners.
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