Posts in US Supreme Court


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

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 …

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 …

Examining USPTO Business Method Patent Eligibility Examples

On December 15, 2016, the USPTO published three subject matter eligibility examples focusing on business method claims. The purpose of these examples is to give guidance on how claims …
By Kris Rhu & Paul Gurzo
8 days ago 1

Supreme Court of the United States to Hear Oral Arguments in Patent Exhaustion Case

On March 21, 2017, the Supreme Court of the United States will hear oral arguments for the case of Impression Products, Inc. v. Lexmark International, Inc. The Court will …

How tech’s ruling class stifles innovation with efficient infringement

Efficient infringement causes distress and agony for innovators struggling to survive,, and widespread efficient infringement absolutely stifles innovation... Innovators today patent their technologies in the hopes of …
By Steve Brachmann
11 days ago 95

Other Barks for Wednesday, March 15th, 2017

A well-known patent monetization firm jumps back into the brokered patent market in 2016’s fourth quarter. A federal judge in New York allows arguments over whether American …
By Steve Brachmann
14 days ago 0

Sections 101 and 112: Eligibility, Patentability, or Somewhere in Between?

Sections 101 and 112 provide their own separate limitations to the scope of patent protection in ways that are sometimes complimentary and sometimes contradictory... Inventors are motivated to maximize …