Bonum Certa Men Certa

In Sandoz v Amgen, the Federal Circuit is Again Found to Have Delivered Patent Injustice

The Supreme Courts of the United States (SCOTUS) makes the Federal Circuit (CAFC) look like the very opposite (or antithesis) of justice

The opposite of justice



Summary: SCOTUS continues to disagree with CAFC on everything that it decides to reconsider, even the very latest decision (formally delivered earlier this month)

THE Supreme Courts of the United States (SCOTUS) is looking into all sorts of patent cases these days. Thankfully, as we have been noting for years, none of these cases involves software patents and therefore there is no risk that Alice will be overridden by a newer decision (similar to overturning it).



"It has very little relevance to the sorts of patents we scrutinise, but it once again shows SCOTUS skewering CAFC. What does that tell us about CAFC?"Recently, following two decisions in which SCOTUS had overturned decisions of the Court of Appeals for the Federal Circuit (CAFC), it also ruled in Sandoz v Amgen. We have not written about it yet. It has very little relevance to the sorts of patents we scrutinise, but it once again shows SCOTUS skewering CAFC. What does that tell us about CAFC?

The decision was covered here by Managing IP, which said: "The Supreme Court has ruled on the process for approving biosimilars under the Biologics Price Competition and Innovation Act (BPCIA) for the first time, mostly siding with Sandoz in its dispute with Sandoz."

It was covered also in this article from Managing IP. To quote Natalie Rahhal: "The US Supreme Court in Sandoz v Amgen remanded the question of whether an injunction is available to Amgen under state unfair competition laws."

"As expected, the potty mouth of the patent maximalists' world (or alternate universe) quotes only one side of the argument."So CAFC is truly, really, very bad. SCOTUS finds it wrong on patents all the time. As expected, the potty mouth of the patent maximalists' world (or alternate universe) quotes only one side of the argument.

Yes, Watchtroll is at it again. We might revisit this soon, especially if time permits or if something unusual turns up.

Suffice to say, the above is very damaging to CAFC's reputation. How can anyone take it seriously when SCOTUS disagrees with it virtually all the time?

Here is one patent maximalist stating that "Inventors' Group Petitions the CAFC, Arguing the RecogniCorp 101/Alice Decision Endangers Many Patents: https://dlbjbjzgnk95t.cloudfront.net/0934000/934659/document%20(47).pdf …"

"Suffice to say, the above is very damaging to CAFC's reputation."Well, so be it... the one good thing about CAFC is, it's no longer friendly towards software patents (unlike district courts).

Here is another patent maximalist claiming that "Federal Circuit Cases Clarify What Makes A Valid Software Patent" (loaded statement). As if such exceptions really exist; some recent rulings from CAFC clearly ruled out ALL software patents. This is the one thing we care about dearly because our top priority is to keep software patents away. No appeal to SCOTUS is going to change this any time soon.

Recent Techrights' Posts

If GNU/Linux Rising is Just "Bots" (It's Not, Many Surveys Show the Same), Why Does Microsoft Rush to Lie About System Requirements of Vista 11?
The real reason is, GNU/Linux is rising
 
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Gemini Links 098/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026
Red Hat is in Need of a 'Jolla', as an IBM-Controlled Red Hat is Becoming Like the Microsoft-Infiltrated Nokia
Dying fast, partly by design
Gemini Links 08/08/2026: Gigs, Poems, SREs, and Shared Passion
Links for the day
Kompromat Tactics in GNU and Linux
Kompromat as a concept was covered here in the past in relation to Microsoft
SLAPP Censorship - Part 143 Out of 200: After Nearly 10 Attempts to Settle With Us and Over a Million Pounds Spent on Lawyers and Barristers
We are in no particular hurry
20 Years and 43 Years
GNU/Linux is not just code, it's a philosophy, licence (copyleft), and community
GNU/Linux Turns 43 Next Month, Many Distros Actively Maintained
A lot of Debian-based distros are still actively maintained (we talk about this in IRC this evening), so the stability of the Debian Project is important
Links 08/08/2026: GAFAM Colonialism "Paved Over Protected Wetlands", Slop Companies Hoard Software Patents as Debt Soars to Trillions
Links for the day
Links 08/08/2026: "Palantir Paid No Federal Income Tax" and "Who's Responsible for This Mess?"
Links for the day
Retained: The Time IBM's Red Hat Tried to Hijack or Take Offline Site of Critics, Failed on All Grounds (Meritless Action Intended to Harass Critics)
Replicated from adrforum.com
IBM's 'Final Solution': Censor Sites Not Controlled by IBM, Sites Where Dissent is Expressed
IBM has no culture of free speech
More Mass Layoffs Coming IBM's Way (Ones IBM Cannot Hide, Cannot Convince Enough People to Leave or Unjustifiably PIP Them When They Say No)
The company that was like a "father of modern computing" is now stingy when it comes to travel. Not a good sign.
What Will it Take for Mainstream Media to Report Silent or Secret Layoffs at IBM?
"Silent" or "secret" sometimes because the media won't cover them
Is the Future of IBM Red Hat Temporary Staff, Contractors?
They want cheap, obedient lemmings
Gemini Links 08/08/2026: Tribute to Lloyd Center, Radio Amateurism, Homeworlds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 07, 2026
IRC logs for Friday, August 07, 2026
Microsoft Uses Slop to Find Defects and Then Uses Slop to Replace Code, What Could Go Wrong?
Botspam is the problem, it's not a constructive approach in any shape or form
analytics.usa.gov: GNU/Linux Up Some More This Week
Days ago it said 6.4%, now it's up to 6.8%
RA-pocalypse: IBM Tells Workers "Taking a Hike" is Their "Next Step" ('Voluntary' Layoffs), Now It Prepares to Sack Lots of Contractors
There definitely is something going on
Legal Attacks on Techrights Have Made Techrights More Popular and More Widely Read
The misogynists will have plenty of work to do this summer
Kai Stephens (Barkley Walsh) & British Democrats in Clacton by-election hustings
Reprinted with permission from Daniel Pocock
Daniel Pocock 'Punching' Nazis in the UK
The so-called "cult" of so-called "Debianism" was left with nothing but massive legal bills
SLAPP Censorship - Part 142 Out of 200: GemText is Not a Webpage, Gemini Protocol is Not the Web, and Capsules Are Not Websites
our intention to appeal (escalate to the Court of Appeal)
Microsoft: Our August 2026 Layoffs Are Not Layoffs Because... Reasons
That's like IBM making "spin-offs", then pretending that no layoffs are happening
Links 07/08/2026: UMG and Anthropic in Trouble Over Copyright Infringements Sold as "Training" (Slop)
Links for the day
Links 07/08/2026: "BMW Is Showing Commercials On Their Car's Dash Screens And They Want You To Think It's A Treat", Software Patents on Drones
Links for the day
What We Said About Red Hat's Fate Under IBM Turned Out to be Right on the Money (That IBM Lacks)
There are no layoffs at IBM
IRC Networks Show No Signs of Going Away, IRC Enters Its 39th Year
That IRC daemons are still actively developed and patched in summer of 2026 (over 38 years after IRC was born) says a lot about IRC's importance
Social [Control] Media Needs to Die
I am a bit shocked to recall that I wasted a lot of time on it
Some Malware is Legal Because It's Made and Distributed by Politically-Connected GAFAM
In reality, the security non-experts 'championed' (and salaried) by GAFAM are anti-security people who advocate back doors
The GNU/Linux Anniversary is Next Month, Not This Month
It'll turn 43
At Clacton by-election Hustings Event Daniel Pocock Says "Social [Control] Media Has Contributed to Some of the Anti Social Behaviour."
No doubt many problems in society are caused or at least amplified/accentuated by this horrible phenomenon
IBM Insiders Explain Why IBM is in Very Serious Trouble
Will IBM last long enough for any "quantum" deliverables to become a reality?
The Register MS Took Money From Broadcom to Publish Fake 'News' With "AI" Mentioned 35 Times
not legitimate or authentic journalism.
GNU/Linux Approaching 20% in Georgia (the Country)
Usage of GNU/Linux was near 0%, as measured by statCounter, several years ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 06, 2026
IRC logs for Thursday, August 06, 2026
Gemini Links 07/08/2026: Radio Amateurism, Summer Updates, and Programming "Taste"
Links for the day