Justice Kennedy’s Sudden And Deliberate Attack On The Patent System
October 4, 2006, 12:00 AM EDT
Law360, New York (October 4, 2006, 12:00 AM EDT) -- The words “sudden” and “deliberate” used in the title are borrowed from President Franklin Delano Roosevelt’s War Message to Congress on December 8, 1941, because they aptly describe Justice Kennedy’s attack on the patent system made in his concurring opinion in eBay, Inc. v. Mercexchange, L.L.C., _ U.S. _, 126 S.Ct. 1837, 1842, 164 L.Ed.2d 641, 649, 78 USPQ2d 1577 (2006).
Another word from that Message also applies, the attack was “unprovoked”, because the Supreme Court in the eBay case did not focus on the subjects...
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