Seeking Supreme Court Review In Patent Cases

Law360, New York (April 18, 2008, 12:00 AM EDT) -- Every patent attorney on the wrong end of a Federal Circuit decision considers, if only briefly, whether to seek review in the United States Supreme Court.

For many patent attorneys, however, the criteria that make a case suitable for Court review are shrouded in mystery. As a result, promising petitions on questions of patent law may go unwritten.

To assist patent attorneys faced with an adverse Federal Circuit decision, this essay reports for the first time the results of a study of the Supreme Court’s 2006...
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