When leaders quarrel the rank and file may flounder; and, in their recent decision of Mercoid Corp. v. Mid-Continent Investment Co., the justices of the Supreme Court have created confusion for lawyers. Four of the seven opinions clearly express intent to promulgate a new rule of law; two deny that intent; one is indefinite; and the purpose of the Court as a whole is left in doubt. Though the decision affects only the patent law, the process of decision concerns every lawyer.
John B. Waite,
JUDICIAL LEGISLATION-PATENT LAW-HAS THE DOCTRINE OF CONTRIBUTORY INFRINGEMENT BEEN REPUDIATED?,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol42/iss5/8