Posts in US Supreme Court


Review the Rule Act would delay SCOTUS proposed changes to Rule 41 on warrants for electronic searches

The Review the Rule Act of 2016 was introduced into the U.S. Senate by Sen. Chris Coons (D-DE), which would delay amendments to Federal Rule of Criminal …
By Steve Brachmann
5 days ago 0

ABA files amicus brief in Lee v. Tam to correct errors in trademark law made by Federal Circuit

In the brief, the ABA takes no official opinion on whether the disparagement provisions of the Lanham Act are invalid in the face of constitutionally-protected free speech. …
By Steve Brachmann
8 days ago 3

EON Corp. petitions Supreme Court for review of Federal Circuit’s expansive view of Rule 50 power

In EON Corp. IP Holdings LLC v. Silver Spring Networks, Inc., No. 15-1237, 815 F.3d 1314 (Fed. Cir. 2016), the Federal Circuit reversed a jury verdict and ordered judgment …
By Matthew Murrell
28 days ago 6

The Uncertain Future of Laches in Patent Litigation

The stage is now set for the Supreme Court to weigh in on the future of laches in patent litigation. If the Court closely follows its analysis …

Lex Machina releases data on design patent litigation showing strong correlation with trademark infringement actions

There has not been a single quarter in which more than 82 lawsuits involving allegations of infringing at least one design patent have been filed in U.S. …
By Steve Brachmann
1 month ago 0

Common sense by design: Form, function and the way forward as charted by the Supreme Court

The Supreme Court need not wait for Congress to act. This is a case of first impression in interpreting the provision. Guided by its own law on …
By Professor Daryl Lim
2 months ago 4

Lies, Damn Lies and Media Bias: Fortune Misrepresents FTC Report on Patent Assertion Entities

Simply stated, Fortune is wrong. The FTC report did not have harsh words for patent trolls. In fact, the FTC had harsh words for those who use …
By Gene Quinn & Steve Brachmann
2 months ago 7

Briefs supporting Life Technologies draw battle lines in battle over extraterritorial application of US patent laws

The U.S. government weighs in on Life Technologies’ side because “the application of U.S. patent law to participation by U.S. exporters in foreign markets …
By Edward Kwok
2 months ago 2

Supreme Court skeptical of Apple, hears oral arguments in Samsung v. Apple design patent case

Much of the court’s line of questioning at times sought answers to whether a standard could be applied in a design patent infringement case in such …
By Steve Brachmann
2 months ago 12

Supreme Court to decide if disparagement provision in the Lanham Act is invalid under the First Amendment?

Based on the question presented in Lee v. Tam, the Supreme Court made clear that its grant of review is only as to the disparagement provision in …
By Eric Ball & Moira Lion
2 months ago 0

Supreme Court to Consider “Disparaging” Trademarks

The U.S. Supreme Court agreed yesterday to review a Federal Circuit ruling that held unconstitutional a law prohibiting registration of trademarks that “may disparage” people or …

SCOTUS takes case on disparaging trademark case involving Asian-American band The Slants

The USPTO, through its Trademark Trial and Appeal Board (TTAB), denied a standard character mark for “The Slants” to be used with live music performance entertainment on …
By Steve Brachmann
2 months ago 6

Life Technologies Corp. v. Promega Corporation: What No One Is Telling the Supreme Court

In its upcoming term, the Supreme Court will once again consider the extraterritorial effect of U.S. patent law; specifically, whether “the Federal Circuit erred in holding …
By Jonathan Tropp
2 months ago 3

Supreme Court to Weigh In on Extraterritorial Scope of Patent Law and Laches

On the heels of a busy term last year, the stage is set for the Supreme Court to review two more important issues regarding utility patents during …

Is it Time To Amend 101?

Rather than the drastic measure of abolishing § 101, such as that proposed by previous USPTO Director Kappos, we think that a simple change to § 101 that removes the confusing …