In a recent Law360 article, Oblon, Spivak's Richard Kelly is quoted regarding the Supreme Court's decision to hear more intellectual property cases in the upcoming term: Golan v. Holder, Mayo v. Prometheus Laboratories, Kappos v. Hyatt and Caraco v. Novo Nordisk.
According to Mr. Kelly, more IP cases have received grants of certiorari Since Chief Justice John Roberts' arrival at the Supreme Court in 2005. Mr. Kelly commented that the Supreme Court has recognized that while most cases get to it based on conflicting opinions between circuit courts, patent rulings cannot result in a split because they are all heard by the Federal Circuit. Mr. Kelly also said that what Chief Justice Roberts is saying is that the Supreme Court has given the Federal Circuit a free pass since 1982, and maybe it needs a closer look as patents and IP become more important to the country.
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