AI
Thursday, January 29, 2009 8:04:43 PM
>>Sanofi has asked the US Supreme Court to review the ruling of patent invalidity based on inequitable conduct.
Petitioning for Cert is uphill even when you have a case where there are differing views* of the law from different Circuits. That is not possible here since patent appeals all go to the Federal Circuit. At least that is what I think.
That would not prevent the Court accepting review if the concepts interested the Court.
If there are others who know better, please correct any of this since I am likely out of my depth.
ij
* This is probably the strongest case for Cert.
Petitioning for Cert is uphill even when you have a case where there are differing views* of the law from different Circuits. That is not possible here since patent appeals all go to the Federal Circuit. At least that is what I think.
That would not prevent the Court accepting review if the concepts interested the Court.
If there are others who know better, please correct any of this since I am likely out of my depth.
ij
* This is probably the strongest case for Cert.
There are times when rules and precedents cannot be broken; others when they cannot be adhered to with safety. (Thomas Joplin)
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