The U.S. Supreme Court has tried for 10 years to rein in the U.S. Court of Appeals for the Federal Circuit and its strongly pro-patent interpretations of the law, yet the tug-of-war does not appear to be letting up.

Two recent decisions suggest the lower court is adamantly sticking to its position no matter what the Supreme Court says. The Federal Circuit issued one decision that refuses to apply Supreme Court precedent and a second controversial decision that undermines a seminal high court ruling.

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“The Federal Circuit has not done well. It has replaced the 9th Circuit as the most reversed court,” says Mark A. Lemley, a professor at Stanford Law School.

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Judge Jimmie V. Reyna’s concurrence goes even further in attacking eBay, asserting that merely violating a patentee’s right to exclude is sufficient to constitute irreparable harm. “That takes on the whole notion of eBay,” says Lemley. “Judge Reyna wants to reject eBay and presumptively grant injunctions in every case of patent infringement.”