Near perfect alignment in patent cases now
Samuelson 23 [Pamela; Richard M. Sherman Distinguished Professor of Law, Co-Director of the Berkeley Center for Law & Technology, and published widely in the areas of copyright, software protection and cyberlaw; 3/7/2023; "The Solicitor General's Mixed Record of Success in Supreme Court Copyright Cases"; University of California, Berkeley School of Law; https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4381579 ;] s.low
As impressive as OSG’s overall rate of amicus success has been, the most recent empirical study of OSG’s influence as amicus in the Court’s patent cases reports a success rate of 92%.369 This is consistent with findings of an earlier study showing that over a twenty-year period, “every single amicus brief authored by the United States in a Supreme Court patent case except one predicted the case outcome.”370 There was, moreover, an “impressive level of agreement” and a “high level of accord” between the Court and OSG in “high-level patent matters.”371