
Holbrook: 2018 may be a sleepy IP year at Supreme Court
Except for a few cases, the upcoming U.S. Supreme Court docket may not yield much in the way of IP law, Emory Law Professor Tim Holbrook tells the National Law Journal. In last year's Oil States Energy Services LLC v. Greene's Energy Group, LLC, the court explicitly said it wasn't deciding whether other plaintiffs who obtained their patents before the America Invents Act could bring a similar challenge. Holbrook views that as a signal. "I do think that they'll take a retroactivity case because they signaled it so much," he said. "You don't make that statement unless you think it actually needs to be addressed."