Should we be surprised by the decision coming from the same panel? No. Is the decision and opinion still flaming, rotting garbage. Yes.
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And I had such high hope for O'Malley when she said she'd "Respect fact findings from trial courts, because I know what it feels like to be arbitrarily reversed by the Federal Circuit."
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you're not the only person who has mentioned this specific O'Malley quote to me!
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Enough time up on the Appellate Bench does something to your perspective, I guess. To be fair, her quote (when I heard it) was wrt patnet cases, & I find her patent law decisions to be generally good.
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well, you'd think her observation would count double for copyright cases, since the federal circuit only reviews copyright claims in incidental cases???
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I expect the opposite actually. Ask why the Fed Cir got jurisdiction over patents & not other IP? Anecdotally, b/c normal judges enjoy (C) & TM cases, they're intellectually fun & high-stakes, and unlike technical patents "I can understand and JUDGE this".
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The other courts *didn't want* the fragmented complex quagmire of pre-1982 patent law, and lobbied to keep the understandable (C) & TM cases. O'Malley, being a former D.Ct. judge, seems to have that high opinion of her ability to judge (C).
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