One of the nation’s top legal scholars on intellectual property has switched sides in a U.S. Supreme Court case that could decide how patents are granted.

Mark Lemley, a Stanford University professor and of counsel at Keker & Van Nest in San Francisco, initially asked the high court to hear KSR International Co. v. Teleflex Inc. But then, in October, Lemley filed a brief asking the Court to take no action in the case, which is scheduled for oral argument on Tuesday.