Difference between revisions of "Supreme Court of the United States"
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− | Former Chief Judge of the [[CAFC]], Paul Redmond Michel had this to say about the Supreme Court's suitability for interpreting [[Legislation_in_the_USA#USC_101_.28patentable_subject_matter.29|article 101 of the US Code which | + | Former Chief Judge of the [[CAFC]], Paul Redmond Michel had this to say about the Supreme Court's suitability for interpreting [[Legislation_in_the_USA#USC_101_.28patentable_subject_matter.29|article 101 of the US Code which defines patentable subject matter]]:<ref>http://ipwatchdog.com/2010/10/24/chief-judge-michel-interview-sequel-part-2/</ref> |
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Revision as of 10:03, 25 October 2010
The US Supreme Court is the highest court in the USA.
Contents
Some important cases
Cases treating the most important topic, patentable subject matter:
- Bilski v. Kappos 2009 (as of June 26th, 2010, opinion still pending)
- Diamond v. Diehr, 1981
- Parker v. Flook (1978, USA)
- Gottschalk v. Benson, 1972
Other cases that (might) have affected software patents:
- Quanta v. LGE (2008, USA)
- KSR v. Teleflex (2007, USA)
- Microsoft v. AT&T (2006, USA)
- EBay v. MercExchange (2006, USA)
The judges
The current judges are (as of August 2010):
- Chief Justice Roberts
- Justice Alito
- Justice Breyer
- Justice Ginsburg
- Justice Kagan
- Justice Kennedy
- Justice Scalia
- Justice Sotomayor
- Justice Thomas
Noteworthy ex-judges
- Justice Stevens was on the court from 1975 to 2010 and wrote opinions for cases including Parker v. Flook (1978, USA), Diamond v. Diehr (1981, USA), and Bilski v. Kappos (2010, USA).
Suitability for deciding policy questions
Former Chief Judge of the CAFC, Paul Redmond Michel had this to say about the Supreme Court's suitability for interpreting article 101 of the US Code which defines patentable subject matter:[1]
Take Bilski on 101. Nine Supreme Court justices, eight of them had never seen a 101 issue before in their entire time on the Supreme Court. Only Justice Stevens had ever seen a 101 issue before. Well, that shows the problem right there. The Federal Circuit has every issue under the sun come up again and again and again, month after month, year after year. So it has intense exposure to all these different issues and the interplay among all these different sections, and the Supreme Court doesn’t. And, frankly, I think the Supreme Court has often been misled by lawyers. For example, in eBay the Supreme Court was told that we had an “automatic” injunction rule, which was never the case. It was just absolutely false. In the KSR they were told that we had a “rigid” rule that didn’t allow any judgment, which was never the case. So in addition to their inexperience and unfamiliarity with patent law, they’re subject to being manipulated and misinformed by overstated claims by some advocates and they aren’t maybe as well equipped as Federal Circuit judges might be to know that the claim is baloney
Related pages on ESP Wiki
- Case law in the USA
- USA patents courts and appeals
- US Court of Appeals for the Federal Circuit - the Federal court that hears patent appeals, below the Supreme Court
- How to submit an amicus brief in the USA