The Supreme Court’s docket in recent years reflects the explosion in intellectual property litigation throughout the country. In the past five years, the court has decided more than double the number of IP cases that it decided in the previous five years.

In the coming year, the Supreme Court is poised to overhaul the standards of proof in important areas of IP litigation. This may both hearten and frustrate longtime IP practitioners. At a very basic level, the attention is nice. Then again, it’s worth remembering that IP is a sufficiently complicated field as to warrant its own, dedicated appellate court (the Federal Circuit). When the nine justices consider an IP issue, they do so as novices in that specialized domain, which can sometimes have the effect of making difficult problems worse.

Microsoft Corp. v. i4i Limited Partnership

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