Abstract
This blog posting addresses two primary concerns: (1) that the U.S. Supreme Court has taken an anti-patent turn in its recent decisions; and (2) emerging tensions between two key industry sectors with large stakes in the patent system, pharmaceutical/biotechnology and electronics/software. On the first point, I argue that the target of recent Supreme Court decisions is the Federal Circuit, and not patents or patent law. In particular I defend the eBay decision, and discuss the first wave of post-eBay cases, which I believe demonstrate a moderate and reasonable application of equitable principles to contemporary patent cases. As to the second point, I concur that there is a divergence of interests between pharma/biotech and electronics/software, but argue that it is essential to accommodate both sets of industries in one big patent tent. This will require skillful compromise, legislatively and through the common law process, but it can and should be done.]
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