Mark Twain wrote, “You can’t depend on your eyes when your imagination is out of focus.” Intellectual property laws are written to foster and protect creation and innovation. Throughout our history, that same impetus has driven litigation, both to fulfill its purpose, and as counsel have expanded statutory law and precedent for the benefit of their clients and segments of the bar.

A significant intellectual property question was answered by the U.S. Supreme Court on April 23. In its wake, lingering questions remain—will the resolution create a void that will be solved by the evolution of case law, new statutes or aggressive litigation? Will the decision be much ado about nothing?

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