Patent Law

why has the us supreme court been so interested in patent cases?

By Douglas J. Sorocco, J. Matthew Buchanan, Laura C. Woods and Emily E. Campbell.

One answer may be business …

It may be an interesting coincidence, but I dare you to read the linked article from the NY Times about the Supreme Court and its seemingly pro-business rulings of late, and substitute the word “patent” for “business” ….

Though the current Supreme Court has a well-earned reputation for divisiveness, it has been surprisingly united in cases affecting [business] Patent interests. Of the 30 [business] Patent cases last term, 22 were decided unanimously, or with only one or two dissenting votes. 

In opinions last term, Ruth Bader Ginsburg, Stephen Breyer and David Souter each went out of his or her way to question the use of lawsuits to challenge corporate wrongdoing — a strategy championed by progressive groups like Public Citizen but routinely denounced by conservatives as “regulation by litigation.” Conrad reeled off some of her favorite moments: “Justice Ginsburg talked about how ‘[private-securities fraud actions] Patent Litigation, if not adequately contained, can be employed abusively.’ Justice Breyer had a wonderful quote about how Congress was trying to ‘weed out unmeritorious [securities lawsuits] Patents.’ Justice Souter talked about how the threat of litigation ‘will push cost-conscious defendants to settle.’ ”

Is it just me?

Supreme Court Inc. - New York Times.

Full post as published by Phosita on March 18, 2008 (boomark / email).