WASHINGTON – At the U.S. Supreme Court oral argument Feb. 23 in Global-Tech Appliances v. SEB, 10-6, a key player was missing: the U.S. government. The solicitor general’s office often participates in important patent cases like Global-Tech, but it sat this one out.
The story behind the government’s conspicuous absence includes a hastily scheduled meeting last December in the White House situation room, of all places. That is where in-house counsel and outside lawyers for high-tech and automotive companies and retailers tried to dissuade the Obama administration from taking a stance in the case that would expose them to what they view as nuisance patent infringement suits. After the meeting, the government did not file a brief on either side of the dispute, which also meant it would not have argument time in the case.
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