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« Handy Andys | Main | On the Move »

February 21, 2007

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The big news in patent law this week is the Supreme Court oral argument in Microsoft v. ATT. Microsoft exports software from the United States to various countries. The software code alone cannot infringe ATT's patents until it is... [Read More]

Comments

Tony Mauro

Sorry for this belated reply. The situation you describe happens from time to time when a justice recuses and the rest of the Court is tied 4-4. In such a case, the Court by longstanding tradition issues a judgment affirming the lower court decision and announcing the fact that it was equally divided. So the winner in the court below wins the case, and it's over. But also by tradition, the affirmance does not carry any weight as precedent in other cases.

Anon

Forgive this simpleton's question, but when a justice recuses him/herself from a case, doesn't it result in an even number of votes? What happens when a vote ends up 3-3? Who then is the decider[sic]? Does the presiding judge have the tiebraker? Katherine Harris?

Anon

Forgive this simpleton's question, but if a justice recuses himself/herself from a case, doesn't this leave an even number of total votes? Should a decision be 3-3, who the ultimate decider [sic]? The presiding judge?

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