Supreme Court understands IP law – they simply don’t engage in it
Gregory Reilly, 2017 – Co-director of intellectual property law at Chicago-Kent College of Law; “How Can the Supreme Court Not “Understand” Patent Law?”; https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=1178&context=ckjip
On the whole, there is no reasonable basis to contend that the Supreme Court does not understand patent law. Rather, the segments in the patent community pushing this contention seem to mistake policy disagreements for misunderstanding by the Supreme Court. This mistake, even if one primarily of rhetoric, has potentially negative consequences for understanding the role of patent law, promoting productive debates about patent law and policy, and preserving the Supreme Court’s legitimacy in patent law and patent law’s (perhaps limited) contribution to the constraints imposed by legal authority.