There is a deep and undeniable divide between the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit which has persisted for nearly a decade. The frequency with which the Supreme Court overturns Federal Circuit patent law precedent that seeks to treat patent law as “special” or to erect rigid tests in spite of a patent statute’s flexible language has increased exponentially in recent years.
In eBay v. MercExchange, 547 U.S. 388 (2006), the Supreme Court overruled the Federal Circuit’s precedent that irreparable injury for the purposes of injunction should be presumed for patent law. In MedImmune v. Genentech, 549 U.S. 118 (2007), the Supreme Court overruled the Federal Circuit’s special “reasonable apprehension of suit” test for declaratory judgment jurisdiction in patent cases.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
