Law360, New York (February 15, 2016, 8:32 PM EST) -- With the passing of Justice Antonin Scalia, I thought it might be important to recap some U.S. Supreme Court opinions in IP law to determine Justice Scalia’s influence. So I studied each substantive case where Justice Scalia wrote the majority opinion. I then studied other non-Scalia cases where he actively concurred or dissented. I omitted cases where Justice Scalia was part of the majority or part of the dissent where he expressed no separate view. In looking at the cases, therefore, the question is asked: Was Justice Scalia a friend or foe to IP rights?
The short answer, in my opinion,...
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