Opening Word document…

The Supreme Court doesn’t play an active role in patent law.

Mark D. Janis 01. Professor of Law, University of Iowa College Law. “Patent Law in the Age of the Invisible Supreme Court.” University of Illinois Law Review. Volume 1. 01-01-2001. https://illinoislawreview.org/print/volume-2001-issue-1/patent-law-in-the-age-of-the-invisible-supreme-court/. Accessed 07-24-24//rr

The Supreme Court has rendered itself well nigh invisible in modern substantive patent law. The Court of Appeals for the Federal Circuit, created in 1982, has become the de facto supreme court of patents. In those rare patent cases when the real Supreme Court has materialized, the Court has left behind a largely uninspiring jurisprudence when winnowed down to those cases dealing directly with substantive patent issues, the jurisprudence is paltry indeed It is not entirely surprising that the Supreme Court maintains such a low profile in patent cases. Besides traditional judicial disenchantment with patent cases, factors such as the Court's historical trend away from a court of general error correction, the current structure of the federal judiciary, and simple practical considerations such as caseload pressures, point away from robust Supreme Court involvement in patent law.

Sign in to recut, update, or save this card.