As the country collectively mourns the passing of Justice Ruth Bader Ginsburg, I am reminded of the inspiring book “I Dissent: Ruth Bader Ginsburg Makes Her Mark” (which I have read to my children many times). While the justice was famous for her dissents on other issues, what about in patent law?

From Markman v. Westview Instruments (1996) (claim construction is a matter of law) to eBay v. MercExchange (2006) (an injunction is not automatic after a finding of infringement) to KSR v. Teleflex (2007) (changing the test for obviousness) to Alice v. CLS Bank (2014) (establishing two-part test for patent eligibility), Justice Ginsburg has been involved in 53 Supreme Court decisions relating to issues of patent law during her tenure, and most of the time she was with the majority. Her dissents were few and far between. She authored only two dissents, and joined the dissents in four other cases.