Issues Arising from Diehr
Despite agreeing with the CCPA, the Supreme Court didn’t seem to want to acknowledge the agreement
- Didn’t acknowledge the existence of the CCPA’s Freeman-Walter test.
- Refused to expressly overrule the “point of novelty” approach or admit error.
So, questions about which is the appropriate doctrine and the differences between them.
Note - CCPA ignores this case in Abele.