Posts in US Supreme Court


No Light at the End of the Tunnel, Not Even Close

It’s been over eight years since the Supreme Court issued its Bilski v Kappos decision, over six years since the Supreme Court issued its Mayo v. …

NYIPLA Files Amicus Brief Advocating for the Supreme Court to Clarify Article III Standing in Appeal from IPR Proceedings

On Friday, July 20, 2018, the New York Intellectual Property Association (“NYIPLA”) filed an amicus brief arguing that the Petition for Writ of Certiorari should be granted in RPX …

US Supreme Court Tackles Copyright Registration Circuit Split

Some circuit courts have held that a work is “registered” and the copyright owner can sue an infringer as soon as the applicant files the application, deposits …
By Angélique McCall
2 months ago 0

Legislation Introduced in House to Repeal the PTAB and the AIA

There are 13 sections to Massie’s bill, many of which are geared towards the abolition of various statutes of the AIA. Perhaps the most salient portion of …
By Steve Brachmann
2 months ago 24

The Supreme Crusade to Weaken Patent Rights in America

Over the years the Supreme Court has reached many controversial decisions, but in the patent space they have made statements that demonstrate just how incompetent they are …
By Gene Quinn
2 months ago 43

Berkheimer, the Administrative Procedure Act, and PTO Motions to Vacate PTAB § 101 Decisions

After several years in which the U.S. Patent and Trademark Office (PTO) did not seem to have an official position on the issue, and many Patent …
By Jeremy Doerre & David Boundy
2 months ago 20

Bittersweet Milestone: Ten Million Patents Issued in the US, but What Are They Worth?

Last month, the U.S. Patent Office issued patent number 10,000,000. This historic occasion calls for rethinking our patent system and the future of American innovation... It is …
By Alex Poltorak
2 months ago 9

Oracle America v. Google, Free Java: Fair or Unfair?

The Federal Circuit recently decided the case of Oracle America v. Google Inc. To “attract Java developers to build apps for Android,” Google copied the declaring code, …
By Jie Lian
3 months ago 3

Supreme Court Holds Patent Owners May Recover Lost Profits for Infringement Abroad

In WesternGeco LLC v. ION Geophysical Corp., the U.S. Supreme Court held that patent owners may recover lost foreign profits under §271(f)(2) when the infringing party …

The Supreme Court, the Federal Circuit, and the Patent Office Walk Out of an Appellate Review Bar: Changing Standards For Appellate Review of IPR Institution Decisions

This article reviews recent Federal Circuit and Supreme Court decisions addressing the scope of appellate review of institution of inter partes review (IPR) by the Patent Trial …

Supreme Court to Resolve Copyright Registration Circuit Split

On Thursday, June 28, the U.S. Supreme Court agreed to hear a case that should resolve the long-standing question of whether a copyright plaintiff must have a …
By Jake Wharton
3 months ago 1

Supreme Court to hear Helsinn v. Teva, decide AIA Secret Sales

On Monday, June 25, 2018, the United States Supreme Court granted cert. in Helsinn Healthcare S.A., v. Teva Pharmaceuticals USA, Inc. The single question presented by Helsinn in …
By Gene Quinn
3 months ago 15

Industry Reaction to WesternGeco LLC v. ION GeoPhysical

We reached out to our distinguished panel of industry insiders, and the initial reaction is this decision is a clear win for patent owners. Efrat Kasznik: "The …
By Gene Quinn & Renee C. Quinn
3 months ago 0

Supreme Court win for Patent Owners on Lost Foreign Profits in WesternGeco v. ION Geophysical

Earlier today the United States Supreme Court issued a decision in WesternGeco LLC v. ION Geophysical Corp., which in a 7-2 decision ruled that a patent owner …
By Gene Quinn
3 months ago 12

Patent Eligibility Determinations in Life Sciences Patent Cases

This article examines Supreme Court and Federal Circuit analyses of patent eligibility under 35 U.S.C. § 101 where the patent claims at issue were directed to Life Sciences-related …
By Theodore Chiacchio
3 months ago 3

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