On PatentlyO, Harold Wegner continues his dialogue with Prof. Robert Merges. Now this is the Internet at its best -- real time discussion among two thoughtful experts plus assorted commenters on public policy issues of high importance.

A crucial point:

It is undeniable that there is a solid, anti-patent Supreme Court core consisting of Justices Breyer and Stevens. . . . Feeding this nascent anti-patent core are two dominant themes: First, while the Supreme Court is pro-business, a major segment of the business community is largely anti-patent, turning the patent system upside down: Under this twisted view of patents, being “anti-patent” may be “pro business”. Second, the patent jurisprudence of the Federal Circuit has created and continues to create problems that necessarily fuel further growth of an anti-patent sentiment.