ThePriorArt: Chief Justice Roberts' recent comment on the Federal Circuit
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Started by: zoobabzoobab
Date: 04 Jun 2009 12:29
Number of posts: 1
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Summary:
Carlsbad Tech., Inc. v. HIF Bio, Inc. involved a patented invention, but the issue before the Supreme Court was not a patent issue; it involved federal vs. state jurisdiction. From the oral arguments held on February 24: Mr. Rhodes: I can't suggest what the Court might finally decide other than to say that -- that, again, the circuit courts of appeal have uniformly applied this. They seem to be -- Chief Justice Roberts: Well, they don't have a choice, right? They can't say, I don't like the Supreme Court rule so I'm not going to apply it, other than the Federal Circuit. (Laughter in the court.) This rebuke seems to indicate that as Roberts sees it, the Federal Circuit has a habit of blowing off Supreme Court precedent. That little aside could have deeper meaning in light of the court's decision to take up Bilski.
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