For those who don't know: The Federal Circuit has had exclusive jurisdiction over patent appeals since 1982. SCOTUS has not weighed in on this issue.

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Frankly, this passage seems like a tacit admission of what I've argued for over a decade: It's the Federal Circuit's *application of* Rosen that's the problem, not Rosen itself.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926162