IP at the Supreme Court: 2 Big Cases and a Lot of Long Shots

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Publish Date:
September 25, 2020
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Law.com
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Summary

“Right now, the interesting thing on the patent law side is we don’t have any patent cases” going into the term, Lemley said. “Of course, the year’s not over.”

“To the extent they are interested at all, the thing that is going to interest them is not what’s going to interest the patent bar,”

“It might mean that one justice is interested in it.”

“To the extent they show even a modicum of interest, it’s in strengthening and extending their rules, not what I think a lot of patent lawyers might want, which is just to confess error and just throw it all out.”

“It means all of the FRAND cases are going to end up going to the Federal Circuit”

“If the issue were important—and it is not—it would recur, affording this Court ample opportunity to address it,”

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