So, about a month ago, we [Techdirt] wrote about Amazon’s ridiculous new patent on “photography against a white background,” which got a fair bit of attention. There were debates among photographers, patent lawyers and lots of other people with opinions about just how legitimate (or not) the patent really was (hint: it’s not). However, Charles Duan, Public Knowledge’s patent expert, has written up a fantastic explanation for how Amazon was able to get the patent. And the main culprit, in a twist that should surprise no one is… CAFC. Yes, the Court of Appeals for the Federal Circuit strikes again.
The ethically challenged court that is at the root of so many problems in the patent system, often thanks to a too close relationship with patent lawyers, is the heart of the problem once again. Even with the Supreme Court unanimously reversing CAFC left and right (and even saying that CAFC “fundamentally misunderstands what it means to infringe” a patent), CAFC is still causing all sorts of damage.
Head over to Techdirt to read the full article. It will make most people cringe.