Blawgletter rejoices once again today in the reconditude, the complexity, the obscurantism of patent law.  For which we thank the Federal Circuit, which held 2-1 that a less-than-pellucid incorporation by reference of an invention in a "grandparent" patent doomed its "grandchild" to the graveyard of invalidity by anticipation.  The dissenter scalded his colleagues for ignoring the district court’s findings as to the adequacy of the inc-by-ref and for adding "new judicial tightropes" that patent-drafters must now walk.  Zenon Environmental, inc. v. United States Filter Corp., Nos. 06-1266 & 06-1267 (Fed. Cir. Nov. 7, 2007).

Barry Barnett

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