Posts Tagged: chief justice roberts


Patent Exhaustion at the Supreme Court: Industry Reaction to Impression Products v. Lexmark

Bob Stoll: ''And it is the international exhaustion holding that is particularly troubling. Sales abroad act independently from the US patent system and there is no impact …
By Gene Quinn
28 days ago 27

Supreme Court rules Lexmark sales exhausted patent rights domestically and internationally

The Supreme Court determined that when a patent owner sells a product the sale exhausted patent rights in the item being sold regardless of any restrictions the …
By Gene Quinn
28 days ago 51

Supreme Court hears Oral Arguments in TC Heartland v. Kraft Foods

Justices Kagan and Ginsburg seemed skeptical. Indeed, Congress has already passed a general venue statute that defined residency “for all venue places – all venue purposes,” as Justice …
By Ryan E. Hatch
3 months ago 2

Frankly My Dear I Don’t Give a Tam: The Oddball Consequences of In re Tam

The Supreme Court heard oral argument on the cloudy Wednesday morning of January 18, 2017. Although the Justices posed tough questions and intricate hypotheticals to both sides, the tone …

Politics of Patent Venue Reform: SCOTUS Taking TC Heartland to Delay Push for Venue Reform

The genesis of the patent venue “problem” is simple: Many patent infringement defendants complain about traveling to the Eastern District of Texas. They feel that it is …
By Peter Harter & Gene Quinn
6 months ago 2

Patent Forecast 2017: Will Patent Courts Be Great Again?

While Congress seems to pass some form of patent legislation roughly every 9 to 11 years, the more important changes with regard to business predictability and economic growth tend …
By Peter Harter & Gene Quinn
6 months ago 3

In Halo Electronics SCOTUS gives district courts discretion to award triple damages for willful infringement

Earlier today, in a unanimous decision delivered by Chief Justice John Roberts in Halo Electronics, Inc. v. Pulse Electronics, Inc., the United States Supreme Court did what …
By Gene Quinn
1 year ago 4

To BRI or Not to BRI, That Is the Question

A good argument can be made that a given panel of PTAB judges will construe claims in the manner that makes most sense to them, regardless of …
By Paul Berghoff
1 year ago 6

Supreme Court hears oral arguments in Cuozzo Speed Technologies v. Lee

Perhaps the best question of the entire oral argument was asked by Chief Justice Roberts: “So why ­­should we be so wedded to the way they do …
By Gene Quinn
1 year ago 29

2015 Supreme Court Term: Cert Petitions to Watch

Since the start of the Supreme Court’s term in October, the Court has already agreed to hear two patent cases, Halo Electronics, Inc. v. Pulse Electronics, …

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 …
By Gene Quinn
2 years ago 12

Missed Opportunities for Alice, Software at the Supreme Court

It seems undeniable that Alice missed many opportunities to score easy points. Indirect arguments were made by Alice that didn't seem very persuasive. Indeed, if one is …
By Gene Quinn
3 years ago 19

Supremes Say Reverse Payments May Be Antitrust Violation

On Monday, June 17, 2013, the United States Supreme Court issued its much-anticipated decision on so-called “reverse payments.” This decision will impact how brand name drug companies and generics …
By Gene Quinn
4 years ago 3

Supreme Court Hears Myriad Gene Patent Challenge

If cDNA is patent eligible subject matter, as it seems likely based on the tone of the oral argument, that should be very good news for Myriad. …
By Gene Quinn
4 years ago 25

Argument Summary: Supreme Court Hears Bowman v. Monsanto

While one can never know for certain how the Supreme Court will rule, even a casual observer has to conclude that the Supreme Court seems poised rule …
By Gene Quinn
4 years ago 15