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The Golden Age of Intellectual Property Law at the United States Supreme Court

Spoiler alert: the United States Supreme Court adores intellectual property law, perhaps over all other areas of law, and that affection continues to blossom. The Court has decided over 30 cases involving intellectual property — copyrights, patents, and trademarks — since 2010. That number is staggering because the Court had historically resolved less than 10 intellectual property cases per decade until the 1980s and 1990s, when that number increased slightly to about 15. In the 2000s the numbers inched up to about 20 cases, and since 2010, the numbers have skyrocketed to over 30, with four years still remaining in the decade.

This article addresses the reasons behind the Court’s  indisputable interest with intellectual property, including a larger number of cases pending in our judicial system and the amendment or enactment of several statutes affecting intellectual property, and highlights multiple cases pending during the October 2016 term.