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27 October 2008

Write better patents, Federal Circuit judge tells attorneys

Eileen McDermott, Washington DC

“Patentees continue to suffer needlessly from self-inflicted wounds,” Judge Richard Linn of the US Court of Appeals for the Federal Circuit told patent practitioners last week

Linn was speaking at a luncheon address to AIPLA annual meeting attendees in Washington DC.

After acknowledging the increased burdens placed on patent owners in recent years, as the result of cases such as KSR v Teleflex, In re Seagate and eBay v MercExchange, Linn charged many US patentees with aggravating their situation by playing the role of “the walking wounded”.

The judge said that, despite the challenging atmosphere: “There are things that are entirely within your control.”

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