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(1) 7 Votes for Cert. Grant in Patent Cases?; (2) Amicus Curiae in China

May 13, 2016| in Wegner's Writings| by Hal Wegner

Yesterday at the George Washington University Law School in a patent law conference focused on Brazil, former Federal Circuit Chief Judge Randall R. Rader presented interesting views on several issues:

(1)  7 Votes for Certiorari Grant in Patent Cases: The former Chief Judge noted the special expertise that the Federal Circuit has for patent cases.  He proposed that a special level of 7 votes should be necessary for grant of certiorari in petitions to the Supreme Court which come from his former court. (The law today is that grant of certiorari requires a vote of 4 of the 9 members of the Court.)

(2) Amicus Curiae in the Chinese Judicial System:  The former Chief Judge announced that he has appeared as amicus curiae in Chinese legal proceedings.  He did not identify his principal(s).

Regards,
Hal

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