Originally Posted by go2duke
If I am not mistaken.. all patent appeals are still within the patent office... basically an escalation. You need a law to take to courts or something already rules upon.. i.e. a patent.
Usually you don't get these overturned. Those 3 folks that have already ruled are not politicians, they are focused on fact for once.
Either way, this doesn't mean it will have any bearing on the case. As long as the patents are in the office still, they can keep it in the courts.
I'm not quite sure I understand your statement, but you can appeal from the USPTO to the courts. The first appeal is to the Board of Patent Appeals and Interferences within the Patent Office. From there, you can appeal to the US District Court for the District of Columbia, and then on to the US Court of Appeals for the Federal Circuit, or directly to the Federal Circuit. Theoretically, appeal may be had from the Federal Circuit to the US Supreme Court, but that would take a grant of certiorari, and that is extremely unlikely (the Supremes have already denied cert once regarding the NTP patents, though on a different issue).