Patent Law in the Age of the Invisible Supreme Court
Mark D. Janis | 2001 U. Ill. L. Rev. 387
In this article, University of Iowa Law Professor Mark Janis examines "the permanence of the [Supreme] Court's retreat to the peripheries of patent law after the creation of the Federal Circuit," exploring what roles the Supreme Court might imagine for itself in contemporary patent law. Professor Janis first establishes some parameters for Supreme Court decision making in patent cases by analyzing two extremes: an aggressive interventionist model and an extreme noninterventionist model. He then proposes an intermediate, managerial model in which the Court's role centers on an effective allocation of power among institutions of the patent system. The managerial model encourages the Court to impose prudential restrictions on the scope of its own patent opinions and rejects the paradigm of ad hoc, substantive error correction as a serious future role for the Court in patent law.
*Professor of Law, University of Iowa College of Law