Intellectual Property
Jun. 30, 2016
High court rejects the rigidity of Federal Circuit rulings
One of the overarching themes to the Supreme Court's review of Federal Circuit cases in the last 15 years is that the Federal Circuit is fond of bright-line rules, the Supreme Court likes discretion and case-by-case examinations of the facts. By Michael Feldman and Mark A. Lemley
For over a decade, the U.S. Court of Appeals for the Federal Circuit - and patent law - have had a hard time at the Supreme Court. The court regularly reverses the Federal Circuit, almost always replacing a pro-patent Federal Circuit decision with a Supreme Court decision less friendly to patentees. From this perspective, the Supreme Court's recent decision in Stryker v. Zimmer and Halo v. Pulse...
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