Making good on his promise to turn his IP Colloquium into National Public Radio for IP law, Doug Lichtman’s newest offering is an extended interview with Federal Circuit Chief Judge Michel.  Click here to listen to Licthman’s interview, you can even apply for New York or California CLE credit after listening.  Here are some of Judge Michel’s more interesting observations:

  • Petitions for rehearing are too often "shallow and weak."
  • Votes denying en banc rehearings are often close, making the poor petitions for rehearing especially surprising and disappointing. 
  • Parties interested in supporting cases with amicus briefs should consider filing briefs supporting rehearing petitions.  An amicus brief that was both well researched and well written could play an important role in strengthening a case’s en banc potential and tipping close votes for rehearing. 
  • In re Bilski did not answer all of the 101 questions because not all of the questions were raised in the case or ripe for consideration.  It will take a series of 101 cases to flesh out the post-Bilski state of the law.
  • Judge Michel is hopeful that the new patent jury instructions — click here to read the Blog’s post about them — will help bring some clarity and continuity to, among other things, damages and obviousness instructions, although at the time of the interview it appeared that he had not seen the instructions yet.
  • The Doctrine of Equivalents has almost "dried up."