Federal Circuit denies mandamus, can decide later if patent was really a covered business method

On Friday, March 18, 2016, in a one paragraph Order that for some reason is not available on the Court's website, the United States Court of Appeals for the Federal Circuit denied that mandamus petition. The Court took the position that Trading Technologies simply has to go through the entire exercise of defending the '304 patent during a CBM review and then at the end they will circle back and determine whether the CBM should have been instituted in the first place. As if spending $1 million or more to defend a patent from a bogus challenge that never should have been instituted in a tribunal that clearly doesn't have jurisdiction is no big deal. It just makes the Judges seem out of touch with the financial realities facing patent owners.