Lawyer Article
Patent Rights: What the Federal Circuit Giveth, the Supreme Court Taketh Away?
This article originally was published in the Jan./Feb. 2013 issue of The Federal Lawyer, the magazine of the Federal Bar Association.
Introduction
Ask any patent practitioner what the current U.S. Supreme Court thinks of the U.S. Court of Appeals for the Federal Circuit, and you will likely get a response along the lines of “not much.” The prevailing thought is the Roberts Court has gone out of its way to rein in the Federal Circuit and restrict rights for patentees. But is that true? Here, we first look back at the patent cases decided by our nation’s highest court since Chief Justice John Roberts joined in 2006 and then peer into our crystal ball to predict how the Court may rule in the three patent cases pending in 2013.
Ask any patent practitioner what the current U.S. Supreme Court thinks of the U.S. Court of Appeals for the Federal Circuit, and you will likely get a response along the lines of “not much.” The prevailing thought is the Roberts Court has gone out of its way to rein in the Federal Circuit and restrict rights for patentees. But is that true? Here, we first look back at the patent cases decided by our nation’s highest court since Chief Justice John Roberts joined in 2006 and then peer into our crystal ball to predict how the Court may rule in the three patent cases pending in 2013.
This document is intended as an informational reminder and does not constitute legal advice. If you have any questions or would like to discuss a particular situation, please contact Womble Carlyle Sandridge & Rice, LLP. The purpose of this article is to provide general information about significant legal developments and should not be construed as legal advice on any specific facts and circumstances.
