The repeated rebukes and reversals the U.S. Supreme Court has directed at the U.S. Court of Appeals for the Federal Circuit seem like an attempt to prod the nation’s top patent court to grow up. But it is still unclear whether the Federal Circuit is ready to relinquish its role as the judiciary’s “enfant terrible,” according to a law professor at the University of California Hastings College of the Law.
“This is a coming of age for the Federal Circuit—or at least the Supreme Court seems determined to coax, cajole and, when necessary, club the Federal Circuit into coming of age,” Robin Feldman wrote in an article that will be published soon in the online legal journal The Green Bag.
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