Supreme Court Brief: Fact-Dependent IP Hearing | ADA 'Tester' Case
IP lawyers were less than thrilled by Monday's U.S. Supreme Court hearing of a case involving complex issues of patent law in the biotech space.
March 28, 2023 at 06:30 AM
8 minute read
Good morning and happy Tuesday! We're back with another Supreme Court Brief and taking a look at the latest case the justices agreed to take up, as well as a dissent from Justice Neil Gorsuch in Steven Donziger's appeal. Plus, the high court heard oral arguments in an IP dispute that bounced around the lower courts for years. But the fact-focused hearing left court watchers weary of a highly beneficial outcome.
As always, thanks for reading and we welcome feedback and tips. You may contact Avalon Zoppo at [email protected] follow her on Twitter @AvalonZoppo. You can find Brad Kutner at [email protected] and @bradkutner.
Justice Clarence Thomas. Photo: Diego M. Radzinschi/ALMTepid Response to Biotech IP Argument
Despite the dispute bubbling up for years, IP lawyers were less than thrilled by Monday's U.S. Supreme Court hearing of a case involving complex issues of patent law in the biotech space.
"Would you take a minute and tell us exactly what the invention is?" asked Justice Clarence Thomas as questions opened up in Amgen v. Sanofi, a long running dispute that had been denied cert by the high court once already but could decide the fate of biotech patents for years to come.
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