A Word from the Editor: Are the Patent Laws About to Change?

The Supreme Court has recently taken an increased interest in patent cases. In recent months the Supreme Court has granted certiorari on a trilogy of patent cases: <i>Medimmune, Inc. v. Genentech, Inc.</i>, case number 05-608, on Feb. 21, 2006 (<i>www.supreme courtus.gov/docket/05-608.htm</i>); <i>Ebay, Inc. v. MercExchange, L.L.C.</i>, case number 05-130, on Nov. 28, 2005 (<i>www.supremecourtus.gov/docket/05-130.htm</i>) and <i>Lab Corp. of Am. Holdings v. Metabolite Labs, Inc.</i>, case number 04-607, on Oct. 31, 2005 (<i>www.supremecourtus.gov/docket/04-607.htm</i>). Collectively, the decisions in these cases could reshape the patent landscape: addressing the right of licensees to challenge patents, the ability of patent holders to secure injunctions and the breadth of business method patents. More specifically, the questions before the Court in the three cases are set forth below.

6 minute read March 01, 2006 at 12:47 AM

By

Benjamin Hershkowitz