Myriad ruling is a signal to the Supreme Court
The Federal Circuit’s recent decision in the Myriad gene patent case could be a signal to the Supreme Court to take up the case, said one speaker during a webcast held yesterday
Professor Lawrence Sung of the University of Maryland School of
Law and a partner at Dewey & LeBoeuf said that the Federal
Circuit recognises its duty, as the exclusive appellate court
for patent cases, to indicate to the High Court when there are
unresolved issues highlighted by a particular case.
"What [the Federal Circuit] does at this stage is an
important signalling mechanism to the Supreme Court," said
Sung. "The Supreme Court often takes up cases on cert petition
because there are divergent views among the regional circuits,
and you simply will not have that dynamic with the CAFC. So a
lot of the judges take it upon themselves to offer, not
necessarily contradictory opinions, but opinions that go to the
edges and various aspects of [the issues]."
In the Federal Circuit's...
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