The Legacy Of Justice Scalia On IP Law

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.[1] 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.[2] 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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