Posts in US Supreme Court


Is 2019 the Year Clarity Returns to Section 101? Judge Paul Michel Is Hopeful

For almost ten years, U.S. patent law has experienced extraordinary confusion and uncertainty about what types of inventions and discoveries are patent eligible. The U.S. …
By Judge Paul Michel
27 days ago 17

The Supreme Court Should Grant Cert in Zup to Correct Obviousness Doctrine

On behalf of nonprofit, U.S. Inventor, Inc., and over a dozen other amici, Flachsbart & Greenspoon, LLC has submitted a Brief of Amici Curiae urging the Supreme …
By Robert P. Greenspoon
28 days ago 28

Industry Insiders: Opinions Mixed in Aftermath of Supreme Court Holding in Helsinn

Yesterday a unanimous Supreme Court ruled that the America Invents Act’s (AIA’s) language barring patent protection for inventions that were “in public use, on sale, …
By Eileen McDermott
28 days ago 6

Supreme Court decides Helsinn v. Teva, Secret Sale Qualifies as Prior Art Under the AIA

n a relatively short, unanimous decision authored by Justice Thomas, the Court begins by explaining that twenty-years ago in Pfaff v. Wells Electronics, Inc., 525 U.S. 55, 67 (1998) the …
By Gene Quinn
29 days ago 20

Supreme Court Weighs Meaning of ‘Full Costs’ in Rimini Street v. Oracle USA Oral Arguments

On the morning of January 14th, the U.S. Supreme Court heard oral arguments in Rimini Street v. Oracle USA, a case that asks the nation’s …
By Steve Brachmann
1 month ago 0

No Debate: Article III Standing is a Requisite to Appeal an IPR

On January 11, GKN Automotive LTD. filed a brief in opposition to a petition for writ of certiorari filed by JTEKT Corporation. The question JTEKT seeks to have …
By Gene Quinn
1 month ago 2

Supreme Court Mulls Circuit Split on When a Copyright is Registered in Fourth Estate v. Wall-Street.com

On January 8th, the Supreme Court heard oral arguments in Fourth Estate Public Benefit Corporation v. Wall-Street.com [Case No. 17-571 (Jan. 8, 2019)] to settle a longstanding circuit …

In Support of the Right of Dissatisfied Parties to Appeal Adverse IPR Decisions

On January 11th, Askeladden LLC (Askeladden) filed an amicus brief in support of the Supreme Court accepting certiorari from JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (…

A New Court and a New Fix for Alice and Patent Eligibility under Section 101

In Henry Schein, Inc. v. Archer & White Sales, Inc., Case No. 17-1272, Justice Brett Kavanaugh authored an opinion applying a statutory construction principle to the Federal Arbitration …
By Robert Isackson
1 month ago 40

Iancu v. Brunetti: the Briefs Examined

The U.S. Supreme Court on January 4th granted certiorari to take up Iancu v. Brunetti on appeal from the Court of Appeals for the Federal Circuit. …
By Steve Brachmann
1 month ago 2

Supreme Court to Hear Second Case on Constitutionality of Lanham Act’s Scandalous and Disparaging Marks Provision

Whatever the Court decides, practitioners will welcome further clarity on the issue, since the Tam ruling was a 4 to 4 split decision with no real agreement on the …
By Eileen McDermott
1 month ago 0

Supreme Court Asked to Decide Copyrightable Elements of Iconic Michael Jordan Photograph

Rentmeester is asking the nation’s highest court to answer the question of whether copyright protection for a photograph is limited solely to the photographer’s selection …
By Steve Brachmann
1 month ago 1

Supreme Court Denies TVEyes v. Fox News, Leaves Intact 2d Circuit Ruling on Market Harm of Transformative Uses

On December 3rd, the U.S. Supreme Court denied a petition for writ of certiorari in TVEyes, Inc. v. Fox News Network, LLC, declining the opportunity to …
By Steve Brachmann
2 months ago 1

What Mattered in 2018: Industry Insiders Reflect on the Biggest Moments in IP

There is near unanimity that the Supreme Court's decisions in Oil States Energy v. Greene's Energy Group, 138 S.Ct. 1365 (2018) was among the most significant events of the …
By Gene Quinn
2 months ago 8

The Year in Patents: The Top 10 Patent Stories from 2018

Before proceeding it is worth noting two things. First, that my list focuses on specific and identifiable events. Second, there are a number of stories worth mentioning, …
By Gene Quinn
2 months ago 16