Federal Circuit Compared To Chicago Cubs, And Not Favorably

After the Supreme Court’s unanimous reversal of the Federal Circuit in Nautilus, Inc. v. Biosig Instruments, Inc., Vera Ranieri of the Electronic Frontier Foundation observed that the nation’s highest court for intellectual property matters has a worse record than the Chicago Cubs. Law professor Jason Rantanen isn’t so sure. Blogging on the Mcdonnell Boehnen Hulbert & Berghoff law firm’s site, Rantanen observes that, even though the Federal Circuit has been unanimously overruled in every single patent case heard by the Supreme Court this term (five decisions without a supporting vote or 0 for 45), comparisons with the Cubs are unkind and arguably inaccurate. “These are bleak numbers indeed,” says Rantanen, “but some context is important.” He points out that the Supreme Court has also has denied certiorari in other petitions arising from the Federal Circuit. “So it’s not as if the Federal Circuit is always losing.”