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The argument yesterday morning in Retirement Plans Committee of IBM v. Jander suggests that the justices are not yet settled on a consensus resolution to this case.
The first morning of the term showed a welcome moment of camaraderie on the bench, as justices from both sides of the ideological spectrum seemed to join in their skepticism of the government’s position in Peter v. NantKwest.
By Ronald Mann
Yesterday’s decision in Return Mail Inc. v. U.S. Postal Service offers the justices’ answer to yet another of the drafting weaknesses of the 2011 patent-reform statute commonly known as the AIA (officially christened the Leahy-Smith America Invents Act).