The U.S. Supreme Court has been relatively unfriendly to those seeking strong patent protection. Indeed, the historical pendulum has swung against patents at the high court over the past decade.
Profound questions of patent law were again center stage in front of the justices in the Myriad argument this past week. This provided a superb opportunity to evaluate the current climate at the court. It is probable that Myriad will be the third time in three years the court strikes down a substantial category of patents as "ineligible" for patenting. Yet, unexpectedly, the oral argument provided reasons to anticipate a less patent-skeptical court in the future.
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