Some appellate courts use en banc review to wipe away decisions that might generate Supreme Court interest. The U.S. Court of Appeals for the Federal Circuit seems to use it to set a collision course.
Last spring the court on its own motion skipped a three-judge panel decision so it could immediately consider en banc whether it should overrule two precedents concerning patent exhaustion— Mallinckrodt v. Medipart and Jazz Photo v. International Trade Commission—in light of more recent U.S. Supreme Court decisions that appeared to call them into question. An army of amici curiae weighed in, including the U.S. government.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
