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Supremes v. Federal Circuit: Patently Perturbed

When it comes to patent law, the Supreme Court and the Federal Circuit have not been getting along lately. Three times in two years, the Supreme Court has overturned precedent established by the Federal Circuit -- the very court created to help bring uniformity to patent law. This week, FirstImpressions, an online companion to the Michigan Law Review, published a symposium that explores the state of patent law and the relationship between these courts. The symposium looks at the three cases -- KSR v. Teleflex, Microsoft v. AT&T and eBay v. MercExchange -- and considers their impact through five articles:

Some patent lawyers say all this Supreme wrist-slapping has been felt by the Federal Circuit, as most notably evidenced by its August decision In re Seagate Technology, in which it overruled a quarter century of its own decisions and brought itself more in line with Supreme Court precedent. I recently participated in a roundtable on this issue (along with another blogger, Bill Heinze of I/P Updates), in which a comment made by Morrison & Foerster partner Alison M. Tucher may have hit the nail on the head. Said she: "Nothing concentrates the mind of a judge like being reversed."

Posted by Robert J. Ambrogi on October 18, 2007 at 03:42 PM | Permalink | Comments (0)


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