Second final rejection issued for NTP patent

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Evidently you don't understand either

The 3 Judge panel can request information from anyone or can assign a "Special Marshall" to investigate it for them who can interview people. They will not want this to keep bouncing back and forth if they can resolve it. If NTP makes a clain, the court can ask for further clarification from anyone which usually is the complaintant. Also the government can file as "A Friend of the Court" to nudge the case if they feel they are better informed on the issue.

Not exactly "Not allowed to Participate". It can be a long process but once this Final decision has been rendered the burden is completely on the Patent applicant and is a uphill battle. Also you assume another Federal Court would even act on the appeal after the Federal Court designated to hear it and decided. Most appeals are rejected or even heard returned to the court the came from for review. It is unconstitutional for another type of Federal Court to intervene to begin with and few courts would touch a patent court decision as has seen by the Supreme Court normally rejecting to hear patent issues.

Secondly the appeal can only be on process and not fact. NTP cannot produce any more evidence on the case on appeal and can only argue that the process and decision were flawed. Appeals do not allow you to reargue, only to correct errors and anyone can file as "A Friend of the Court" on the appeal.

Posted by: Techanalyst   Posted on: 02/26/06 You are currently: a Guest | Members login | Terms of Use

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