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Where does Supreme Court Nominee, Neil Gorsuch stand on Intellectual Property Patents?

February 17, 2017

Flachsbart & Greenspoon partner, Robert Greenspoon hopes that Supreme Court Nominee, Neil Gorsuch will assist in the “scaling back the inter partes review procedures created by the America Invents Act (AIA).”  However, Gorsuch does not have a history of ruling on patent cases, so his position on such matters is up for speculation.

In other areas of intellectual property, Gorsuch has ruled on cases which involve copyrights, trademarks and trade secrets.  According to a recent story in The National Law Journal, Scott Graham notes that Gorsuch’s “opinions speak with authority, precision and an eagerness to engage in IP issues.”

Similarly, Hogan Lovells IP partner, Christian Mammen opines in the same article that “ IP litigants of all stripes will get a fair shake from Gorsuch.”  As a former classmate of Gorsuch’s at the University of Oxford, Mammen recalls discussions on topics that were polite but animated and may have the best insight into how Gorsuch will rule on such cases.   Kirkland & Ellis partner, John O’Quinn said, “Judge Gorsuch’s opinions reflect a willingness to dig into even tedious legal issues and make them accessible to most readers.” His time the Tenth Circuit, may prove to be invaluable and he is sure to use his experience with cases involving intricate trade secrets and copyright issues when evaluating cases in the future.

More information on Neil Gorsuch and the 17 Daubert challenges on which he has ruled can be found in his Courtroom Insight profile.   Read more about Gorsuch’s past IP cases and the full article from the National Law Journal.

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