The assertive Supreme Court : patent law and the future of economic regulation /

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Bibliographic Details
Author / Creator:	Masur, Jonathan S., author.
Imprint:	Chicago, Illinois : Law School, University of Chicago, Oct. 5, 2009.
Description:	1 online file (1 audio file) (34 mins., 52 secs.) : digital, stereo, MP3.
Language:	English
Series:	First Monday lecture; 2009 First Monday lecture ; 2009.
Subject:	United States. -- Supreme Court. United States. -- Supreme Court. Patent laws and legislation -- United States. Patent laws and legislation. United States.
Format:	E-Resource Spoken word recording Audio Streaming Audio
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/9350865

Hidden Bibliographic Details
Other authors / contributors:	University of Chicago. Law School, host institution.
Computer file characteristics:	MP3
Sound characteristics:	digital stereo
Digital file characteristics:	audio file MP3 128Kbps
Notes:	Recorded Oct. 5, 2009, posted Oct. 12, 2009.
Summary:	Patent cases can be among the most important cases, in economic terms, before the Supreme Court but it rarely chooses to hear patent cases. Why? The main reason is that the federal circuit in Washington D.C. which takes all patent cases, therefore there are no circuit splits which often causes the Supreme Court to choose to hear a case. Until recently, the Supreme Court has been content to let the federal circuit decide these cases until recently. Since 2005, the Supreme Court has decided on 6 patent cases and in each case, it reversed the federal circuit decision. This has had the effect of diminishing the value of owning patents. The most recent case before the Court involves a business plan patent which the federal circuit dismissed ruling that the plan wasn't patentable because such plans are only patentable if tied to a particular machine. This ruling scales back on the scale and scope of allowable business method patents. As a result, these rulings may actually hinder innovation in businesses.

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