Posts in US Supreme Court


Questions Raised by the Lexmark Decision

Licensing a product instead of selling it may also be a tool for avoiding international patent exhaustion. It is common to distribute software via license, and this …
By Robert Stoll
4 days ago 7

Private Rights and the Sanctity of an Independent Judiciary

There appears to be a consistent pattern of public rights cases from Murray’s Lessee to Stern. Congress may establish a public right, separate from actions that …
By Neal Solomon
11 days ago 3

The Modern Public Rights Doctrine

The modern public rights jurisprudence flows from Atlas Roofing in 1977 to Stern in 2011. Although the case law does not provide a straight line, there is a consistent …
By Neal Solomon
13 days ago 38

A TWIST in the tale: Not your typical cola war

This case was not your typical “cola war”, but rather involved TWIST, the well-known carbonated beverage brand which has been available in South Africa since the 1970s (…
By Kelly Thompson
13 days ago 0

The Classical Public Rights Doctrine: Growth of the Administrative State

The Crowell Court distinguishes between matters of common law adjudicated in the federal courts and matters that may be reviewed in administrative agencies. However, the Court is …
By Neal Solomon
18 days ago 1

Oil States: Examining Scenarios, Outline Effects on Portfolio Management Strategy

The Supreme Court has agreed to hear a petition for Certiorari in Oil States Energy Services v. Greene’s Energy Group, which will result in the Court …
By Art Monk
25 days ago 15

A Summary of the Constitutional Issues Raised by the Respondent in Oil States

The respondent immediately takes issue with the argument that patents are not public rights, summarily citing MCM Portfolio LLC v. Hewlett-Packard Co., 812 F.3d 1284 (Fed. Cir. 2015), cert. …
By John M. Rogitz
28 days ago 4

No Actual Controversy for Foreign Manufacturer for DJ, Even if Product is Manufactured in US

The dispute arose from a Mexican patent infringement suit between Stellar and two of Allied’s Mexican distributors. Allied manufactures the products accused of infringement in the …

A Summary of the Constitutional Issues Raised by the Petitioner in Oil States

In arguing that inter partes review (IPR) violates the U.S. Constitution, the petitioner in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC advances …
By John M. Rogitz
29 days ago 4

Federal Circuit Lacked Jurisdiction Over Claims that Assignment Agreement was Invalid

Inselberg and Interactive filed a motion to dismiss Bisignano and First Data’s declaratory judgment claims and state court counterclaims, and moved to remand the action to …

Crossing the Chasm: Avoiding and Surviving the PTAB

In 2012, the American Invents Act established three new administrative procedures: post grant review (PGR), inter-partes review (IPR), and covered business method patent (CBM) review. In each of …

Patent owners negatively impacted by PTAB file amicus brief with SCOTUS in support of Oil States

A few dozen amici briefs have been filed in the case, including one filed on August 30th by 39 patent owners affected by PTAB activities in support of …
By Steve Brachmann
1 month ago 3

A Patents as Property Rights History Lesson

Several of the briefs address the absurdity currently being advanced, claiming patents are so-called “public rights.” This novel notion — more in line with Karl Marx than John …
By James Edwards
2 months ago 18

Gary Shapiro takes self-righteous stand against patent trolls despite obvious bias in favor of infringers

It is difficult to witness people like Gary Shapiro self-righteously railing against the patent system when they stand to gain from weakened patent rights... Shapiro continues on …
By Steve Brachmann
2 months ago 15

USPTO Navigates New Territory In The Wake of Matal v. Tam

The USPTO issued Examination Guide 01-17 on Monday, June 26, 2017, entitled “Examination Guidance for Section 2(a)’s Disparagement Provision after Matal v. Tam and Examination for Compliance with …