Thursday, June 22, 2006

Cert in Metabolite found improvident, but three justices dissent

As anticipated by conventional wisdom, the Supreme Court ruled that cert in the Metabolite case was improvidently granted. Further, a separate prediction (mentioned in IPBiz that members of the Kennedy concurrence in eBay v. MercExchange might try to invalidate the patent at issue also proved true. Justice Breyer, joined by Justices Stevens and Souter, would have invalidated the patent. For the future, one notes that there is this core at the Supreme Court more likely to act on calls for patent reform.


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