Posts in US Supreme Court


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
17 hours ago 2

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
2 days ago 3

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
13 days 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
19 days ago 17

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
27 days 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 …

Do You Know How to Protect What’s Yours?

In the wake of recent judicial and legislative developments, protecting “what’s yours” has become even more complex. Many businesses and intellectual property lawyers have appropriately favored …
By Amanda G. Ciccatelli
1 month ago 1

Leveraging copyright protection for design aspects of useful products

Instead of using claims of trademark infringement and more expensive design patent infringement (if a design patent is even obtained), one can expect manufacturers of useful articles …
By Amanda G. Ciccatelli
2 months ago 2

Congressman Darrell Issa: A well-financed ally of the efficient infringer lobby

With all of this money, it seems the efficient infringer lobby has managed to find an unlikely ally in Congress — someone who made his money as an …
By Gene Quinn & Steve Brachmann
2 months ago 16

Why are these people giving testimony to Congress on patent reform?

Why does Mapbox’s viewpoint on patent litigation echo in the halls of Congress given the fact that it doesn’t appear that it has faced abusive …
By Steve Brachmann
2 months ago 16

Lex Machina’s Q2 litigation update shows trends influenced by TC Heartland and Oil States

During the second quarter of 2017, a total of 1,138 patent cases were filed at the U.S. district court level, an increase of 18 percent when compared to first …
By Steve Brachmann
2 months ago 2

Revising Section 101 of the Patent Act: What’s at Stake?

These revisions favor patent owners, according to Palmer, but not everyone is supportive. For instance, Bilski, Mayo, Myriad, and Alice have given several accused infringers an additional …
By Amanda G. Ciccatelli
2 months ago 23