Thursday, March 29, 2012

"Binding precedent on the Supreme Court"?

A post at IPWatchDog includes the text:

Let me also say that, before Mayo Collaborative Services, this quoted paragraph from Diehr was binding precedent on the Supreme Court, and is also directly on point as to the patent-eligibility issue involved in Mayo Collaborative Services.


As I said above, you could attribute what happened here to “selective precedent amnesia.” But frankly such mishandling of binding Supreme Court precedent in Mayo Collaborative Services is a huge problem.

There is no such thing as "binding precedent on the Supreme Court." For example, recall Brown, which overturned the Plessy v. Ferguson decision of 1896 which had allowed state-sponsored segregation.


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