Rader Calls Out High Court's 'Activism' In IP Law

Law360, New York (January 22, 2013, 8:11 PM EST) -- The U.S. Supreme Court has misread patent law in several high-profile cases, creating rules on patent-eligible subject matter and injunctions that have no basis in the Patent Act, Federal Circuit Chief Judge Randall Rader said in a speech Tuesday.

In the keynote address at the New York State Bar Association's annual meeting in Manhattan, Judge Rader pointed to the rulings in Mayo v. Prometheus and eBay v. MercExchange as troubling examples of the high court engaging in judicial activism, which he defined as ignoring the statute...
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