Posts in US Supreme Court


Are Business Method Patents Dead? It Depends on Who’s Applying for Them

Business method patents are still being granted after Alice, but are being granted at lower rates than before, and some assignees are better at obtaining them than …
29 days ago 5

A Strategy for Protecting Software Claims from Invalidation Under the Algorithm Requirement

In general, the courts distinguish between functions and algorithms, and they require patent applicants to disclose algorithms to cure perceived deficiencies in functions. The problem with this …
1 month ago 4

Behind the Scenes on Octane Fitness and Fee-Shifting

I think there was certainly a level of abuse prior to patent trolls from larger companies that weren’t scrupulous trying to sue smaller companies and using …
2 months ago 6

Kimble v. Marvel – Supreme Court quiets criticism of per se rule against post-patent royalties

The U.S. Supreme Court’s recent decision in Kimble v. Marvel Entertainment, LLC (2015) rejuvenates a 50-year-old rule that limits collecting patent royalties after a patent expires. …
2 months ago 7

The looming patent nightmare facing the pharmaceutical industry

During the last hearing of the House Judiciary Committee there was an attempt to insert language via amendment that would make it impossible for Kyle Bass and …
2 months ago 17

Without precedent or authority the Supreme Court is wrecking the U.S. economy

It is undeniable that the major destructive force in the patent system today is the United States Supreme Court. Indeed, over the last several years, the Supreme …
2 months ago 53

Supreme Court applies stare decisis in patent case

Simply stated, any patent decision from the Supreme Court that cites stare decisis lacks all intellectual credibility given how arbitrarily and capriciously they have ignored their patent …
2 months ago 12

Time to Get Back to Business

While some companies continue to wait and see, we saw a dramatic shift in late 2014. The most sophisticated companies on IP matters used the uncertainty to their …
3 months ago 0

Naked Emperors: A Supreme Court Patent Tale

The idea that the Supreme Court is at all capable of understanding — let alone deciding — issues of a technical nature is ridiculous. Yet their individual and collective …
3 months ago 79

Supreme Court holds belief of invalidity not a defense to inducement liability

In both theories of indirect patent infringement (i.e., inducement of patent infringement and contributory infringement), the patent owner must show that the defendant knew its activities …
3 months ago 3

SCOTUS rules good faith belief of patent invalidity is no defense to induced infringement

The issue considered by the Supreme Court was whether a good faith belief of patent invalidity is a defense to a claim of induced infringement. In a 6…
3 months ago 14

Confusion Preclusion: SCOTUS Says TTAB Has Preclusive Effect

There was a split in the circuit courts as to what effect a TTAB decision will have, and this depends heavily upon where the litigation is happening. …
5 months ago 0