Professor Chisum explains that the role of the Federal Circuit Court as the "Supreme Court" of patent law may be changing. He notes the significance of recent United States Supreme Court cases addressing patent law issues. In addition, Professor Chisum evaluates the quality of recent landmark decisions in which the Court has examined patent issues. Chisum first notes that the general attitude of the Court reflects skepticism and hostility toward the patent system. In addition, Chisum considers the quality of reasoning undertaken by the Supreme Court and argues that, as opposed to the Federal Circuit, it is often weak, illogical, ambiguous, and inconsistent.
Donald S. Chisum,
The Supreme Court and Patent Law: Does Shallow Reasoning Lead to Thin Law,
3 Marq. Intellectual Property L. Rev. 1
Available at: https://scholarship.law.marquette.edu/iplr/vol3/iss1/1