Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2018

Selected Works

Tejas N. Narechania

Articles 1 - 1 of 1

Full-Text Articles in Law

Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania Dec 2017

Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania

Tejas N. Narechania

The most important determinant of a case’s chances for Supreme Court review is a circuit split: If two courts of appeals have decided the same issue differently, review is substantially more likely. But practically every appeal in a patent case makes its way to a single court—the Court of Appeals for the Federal Circuit. How, then, does the Supreme Court decide whether to grant certiorari in a patent case?

The petitions for certiorari in the Court’s patent docket suggest an answer: The Supreme Court looks for splits anyway. These splits, however, are of a different sort. Rather than consider whether …