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In view of the Supreme Court's heightened interest in patent law, practitioners at all levels are well advised to bear in mind, for each issue in litigation, to what extent the "settled" (or not so settled) Federal Circuit law has gone beyond the baseline set by the Supreme Court, as well as asense of the extent to which these differences might lead to Supreme Court review of the issue. Patent Law in the Supreme Court comprehensively reviews key Supreme Court decisions, provides Supreme Court and Federal Circuit "State of the Law" analyses, and discusses the many factors (dissents,panel decisions, academic commentary, and so on) that are indicators of "certworthiness" i.e., likelihood of Supreme Court review.
Thomas Krause is an associate solicitor for the United States Patent and Trademark Office, where he briefs and argues appeals in the Federal Circuit and advises the Department of Justice and Solicitor General's Office on patent and copyright issues in the Supreme Court. Previously he was of counsel with Covington and Burling. He attended Harvard Law School and clerked with Judge Alex Kozinski in the U.S. Court of Appeals for the Ninth Circuit.