Justice Stephen Breyer may not have written the most IP opinions over the last 25 years or been on the winning side in every case. He’s nevertheless seen as the Roberts court’s most important voice on intellectual property, and it’s anyone’s guess who’ll succeed him in that role.
“Justice Breyer was the leading force on the court on IP issues,” Stanford law professor and Durie Tangri partner Mark Lemley said. “He is the reason behind much of the court’s resurgent interest in patent cases, and he is the reason Google v. Oracle came out the right way, avoiding a disaster for fair use law.”
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