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U.S. Supreme Court nominee Judge Neil GorsuchU.S. Supreme Court nominee Judge Neil Gorsuch (Photo: Diego M. Radzinschi/ALM)

Robert Greenspoon believed he was close. His constitutional challenge to new administrative procedures for reviewing patent validity was distributed three times at U.S. Supreme Court conferences last year before the court finally denied certiorari in October. The Flachsbart & Greenspoon partner wonders if his challenge fell one vote shy on the eight-member court.

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