http://www.scotusblog.com/2006/03/court-limits-claims-of-patent-market-power/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.scotusblog.com/2006/03/court-limits-claims-of-patent-market-power/#comment-8987 Steven Wallach Wed, 01 Mar 2006 23:19:02 +0000 http://www.scotusblog.com/wp/uncategorized/court-limits-claims-of-patent-market-power/#comment-8987 It should be noted that the Federal Circuit opinion that was reversed was apparently designed to set up the Supreme Court’s ruling. Writing for the court of appeals, Judge Timothy Dyk pointed to significant academic criticism of then-existing precedent but concluded: “The time may have come to abandon the doctrine, but it is up to the Congress or the Supreme Court to make this judgment.” The time has arrived. It should be noted that the Federal Circuit opinion that was reversed was apparently designed to set up the Supreme Court’s ruling. Writing for the court of appeals, Judge Timothy Dyk pointed to significant academic criticism of then-existing precedent but concluded: “The time may have come to abandon the doctrine, but it is up to the Congress or the Supreme Court to make this judgment.” The time has arrived.

]]>