Explaining the Supreme Court’s Interest in Patent Law

by Timothy R. Holbrook, Emory University School of Law

from Volume 3, Issue 2 (Spring 2013)

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Abstract: This Paper explores a variety of explanations for the Supreme Court’s recent intervention in patent law. In all likelihood, there is no singular motivation for the Supreme Court’s activity, and it may very well be a combination of some or all of these factors. Nevertheless, exploring these potential rationales offers insight into the workings of the Supreme Court and could aid those seeking certiorari in framing their particular issue to garner the Court’s attention.