‘The Supreme Court on Public v Private Law’

“While we debate the nature of the distinction – or the lack thereof – between public and private law, perhaps we should take note that the US Supreme Court has recently decided the issue. Well, not by a long shot, of course, but in Teva Pharmaceuticals USA, Inc v Sandoz, Inc, 135 S Ct 831 (2015), justices engaged in spirited debate over the extent to which the interpretation of patent claims should be viewed as more analogous to the interpretation of private ‘written instruments such as deeds and contracts’ than to the interpretation of statutes. Id at 840. The dissenters in Teva explicitly linked this question to a traditional distinction between ‘ “core” private rights’ and ‘ “public rights'”, id. at 848 n 2 (Thomas, J, dissenting) …” (more)

[John Golden, New Private Law, 27 May]

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