Posts in Courts


Supreme Court Eliminates Key Defense in Many Patent Infringement Suits

In a strong reversal of the Federal Circuit, the US Supreme Court held in SCA Hygiene Products Aktiebolag v First Quality Baby Products, LLC, No. 15-927 (March 21, 2017), …
By Rob Kramer & Joel Bock
12 hours ago 0

Supreme Court hears oral arguments in Impression Products v. Lexmark International

On Tuesday, March 21st, the U.S. Supreme Court heard oral arguments in Impression Products, Inc. v. Lexmark International, Inc. The case surrounding the sale and resale …
By Steve Brachmann
2 days ago 1

University of California seeks assignment of nanopore patents from former grad student

At the center of the legal spat is the proper assignation of a series of patents covering DNA sequencing technologies, which UC alleges were developed while the …
By Steve Brachmann
2 days ago 1

Appeal seeks to revive copyright case targeting Led Zeppelin classic ‘Stairway to Heaven’

On March 15th, an appeal filed in the U.S. Court of Appeals for the Ninth Circuit (9th Cir.) gave new life to a copyright battle that …
By Steve Brachmann
3 days ago 0

Progressive house DJ deadmau5 targeted in trademark suit by Meowingtons cat-themed apparel retailer

Meowingtons is seeking to prevent Zimmerman from using a series of marks employing the term “MEOWINGTONS” as well as the destruction of all physical and digital goods …
By Steve Brachmann
4 days ago 0

CAFC Affirms Attorney Fees Awarded Under ‘Holistic and Equitable’ Evaluation of Case

In conclusion, the Court held the district court did not abuse its discretion in determining that, under the totality of circumstances, this was an exceptional case, and …

Federal Circuit Reverses PTAB Anticipation Decision and Clarifies Kennameta

Anticipation can arise when the disclosure of a limited number of alternative combinations discloses the one that is claimed. However, a reference does not anticipate because an …

Mentor Graphics v. Synopsys: Affirmed-in-Part, Reversed-in-Part, Vacated-in-Part, and Remanded

Various Synopsys parties and EVE-USA, Inc. (collectively “Synopsys”) sued Mentor Graphics, seeking a declaration that Mentor’s ’376, ’531, and ’176 patents were invalid and not infringed. Mentor counterclaimed for …

Is the Supreme Court breathtakingly dishonest or just completely clueless?

In Star Athletica Breyer laments that the majority is ignoring the statute, refers to copyrights as a monopoly, and explains that copyrights are a tax on consumers... …
By Gene Quinn
5 days ago 14

CAFC upholds invalidation of patent application covering patient data management tech under Alice

On Monday, March 13th, the U.S. Court of Appeals for the Federal Circuit issued a decision upholding the Patent Trial and Appeal Board’s (PTAB) finding …
By Steve Brachmann
5 days ago 22

Hysteria over creeping bentgrass leads to Oregon bill targeting GMO patent owners

In early February, a bill was introduced into the Oregon House of Representatives, which could make the state seem much less friendly to patent owners, specifically those …
By Steve Brachmann
6 days ago 5

Copyrights at the Supreme Court: Star Athletica v. Varsity Brands

On Wednesday, March 22nd, the U.S. Supreme Court handed down a decision in a copyright case, which clarifies federal copyright law surrounding whether features incorporated into …

Supreme Court says laches is no defense to patent infringement

The fact that laches cannot be used as a defense to a patent infringement action brought during the statute of limitations is most definitely a pro-patent decision. …
By Gene Quinn
6 days ago 47

Other Barks for Wednesday, March 22nd, 2017

The highest federal court in the United States declines to hear an appeal from tech giants on applying common sense to patent validity challenge proceedings. A group …
By Steve Brachmann
7 days ago 0

Supreme Court Decides SCA Hygiene Products v. First Quality Baby Products

On Tuesday, March 21st, the U.S. Supreme Court issued a decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, a case which looked …