John Duffy

Argument Preview: Is There a Substantial Chance the Justices Will Affirm the Federal Circuit’s Reading of "Substantial"?

PUBLISHER
SCOTUSblog
DATE
2016-11-29
 

Abstract

Though Life Technologies v. Promega arises out of patent infringement litigation, the issue at the Supreme Court is really a classic statutory interpretation dispute turning on the meaning of the word “substantial.” Because the concept of substantiality is so ubiquitous in law (from the “substantial factor test” in tort causation to the “substantial evidence” test in administrative law), this seemingly narrow patent case should be of interest as much to general appellate practitioners as to patent law specialists.

Citation

John F. Duffy, Argument Preview: Is There a Substantial Chance the Justices Will Affirm the Federal Circuit’s Reading of "Substantial"?, SCOTUSblog (November 29, 2016).
 

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