Posts in US Supreme Court


FTC v. Actavis: Where We Stand After 5 Years

It has been five years since FTC v. Actavis. In that landmark ruling, the Supreme Court held that settlements by which brand-name drug companies pay generics to …
By Michael Carrier
7 hours ago 0

Patent Litigation Shows Shift Towards Delaware, Decrease in High-Volume Plaintiff Filings

Legal data analytics provider Lex Machina recently published a post featuring data points regarding the filing of patent infringement cases in the year following the U.S. …
By Steve Brachmann
5 days ago 2

Rethinking Article III Standing in IPR Appeals at the Federal Circuit

In 2011, as part of the American Invents Act (“AIA”), Congress significantly restructured the way in which previously issued patents could be challenged.   In some cases, existing post-issuance …

The Collapse of U.S. Patent Policy by a Supreme Court preoccupied with Patent Trolls

U.S. patent policy has collapsed at the hands of a Supreme Court preoccupied with a boogeyman not present in a single dispute they were asked to …
By Gene Quinn
14 days ago 28

Did the Supreme Court intentionally destroy the U.S. patent system?

Why did the Supreme Court intentionally destroy the U.S. patent system? That is a question many have been asking themselves in the wake of more than …
By Gene Quinn
27 days ago 67

Apple v. Samsung Retrial: An Opportunity to Finally Clarify Design Patent Law

On May 14th the next chapter in the Samsung v. Apple smartphone design patent dispute will commence in the United States District Court for the Northern District …
By G Nagesh Rao
1 month ago 4

Surviving Alice: Counseling the Client

In accordance with the above discussion, particularly point (a), the client should be apprised of the necessity of fully fleshing out the inventive aspects of the technical …

Is the Supreme Court anti-patent?

Is the Supreme Court anti-patent? it has been suggested to me that such rhetoric, whether true or not, is unhelpful and puts those urging pro-patent views on …
By Gene Quinn
1 month ago 72

Chenery doctrine another legal norm not respected by the CAFC

More than half a century ago, the Supreme Court announced a “simple but fundamental rule” of administrative law: “that a reviewing court, in dealing with a determination …
By US Inventor
1 month ago 5

The Supreme Court is wrong, a patent is not a franchise

The word franchise is defined as an authorization granted by a government or company to an individual or group enabling them to carry out specified commercial activities... …
By Gene Quinn
2 months ago 73

Reflections on Oil States: Are There Silver Linings Amidst the Doom and Gloom?

That being said, and following up on the feeling of “doom and gloom” many of us had upon initial issuance of the Oil States decision, there is …
By Eric Guttag
2 months ago 22

Supreme Court Holds PTAB Must Decide Validity of All Challenged Claims in IPRs

As in civil litigation, the petitioner in an inter partes review is master of its complaint and is “normally entitled to judgment on all of the claims …

USPTO Issues Guidance on Effects of Supreme Court’s Decision in SAS Institute on PTAB Trials

On Thursday, April 26th, the U.S. Patent and Trademark Office issued new guidance regarding the effects of the U.S. Supreme Court’s judgment in SAS …
By Steve Brachmann
2 months ago 0

Despite Oil States, Inter Partes Review May Still Be Held Unconstitutional

Oil States v Greene’s Energy, 584 U.S. ___ (2018), just decided that patents are a public right, a franchise right, akin to a right to erect a toll …
By James Carmichael & Brad Close
2 months ago 34

SAS: When the Patent Office institutes IPR it must decide patentability of all challenged claims

In SAS Institute, a 5-4 majority ruled that there is no authorization in the statute for the Patent Trial and Appeal Board (PTAB) to partially institute a …
By Gene Quinn & Renee C. Quinn
2 months ago 12