Posts Tagged: constitution


Supreme Court Rocks the Trademark Office in ‘Slants’ Case

After a streak of six patent decisions uniformly overruling the Federal Circuit, and for the first time all term, the Supreme Court finally handed the Federal Circuit …

Industry Reaction to SCOTUS Granting Cert. in Oil States

Russ: Slifer: ''Clearly the Supreme Court is not done with its intellectual property obsession. By granting certiorari in Oil States vs. Greene’s Energy Group, et al. …
By Gene Quinn
14 days ago 45

Supreme Court to decide if Inter Partes Review is Unconstitutional

The Supreme Court granted certiorari only on the first question, whether inter partes review violates the U.S. Constitution by extinguishing private property rights through a non-Article …
By Gene Quinn
15 days ago 54

En Banc Federal Circuit Dodges PTAB Constitutionality

Patlex, which dealt with reexamination of applications by an examiner — not by an Article I tribunal — could be considered a next step beyond McCormick. MCM, however, simply …
By Gene Quinn
1 month ago 38

Fundamental incongruities of PTAB operations affect the integrity of the patent system

For more than two centuries, the U.S. Constitution, black letter law and precedent construed a patent as a property right. This is important because it is …

UFRF’s win on Eleventh Amendment at PTAB creates IPR immunity for public universities

Each of the Covidien IPRs challenged the validity of a single patent owned by the University of Florida Research Foundation (UFRF) which the university had previously asserted …
By Steve Brachmann
3 months ago 6

Conservative Ideology Will Rebuild the Patent System

Congress sent H.R. 5, the House-passed Regulatory Accountability Separation of Powers Restoration Act, to the Senate's Homeland Security & Governmental Affairs Committee on January 12, 2017. When enacted it will …
By Robert P. Greenspoon
5 months ago 18

A Slanted View of Scandalous and Disparaging Trademarks

The Supreme Court has scheduled oral argument in Lee v. Tam for January 18... The genesis of the case is a Portland, Oregon all-Asian-American band called The Slants, …
By Esther Sirotnik
5 months ago 0

Have U.S. Patent Laws Become Unconstitutional?

As more reports come out that patent filings for individuals and small businesses are down and a general recognition that real innovation does not come from large …
By Adam Ullman
8 months ago 51

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
9 months ago 6

Constitutional and Economic Policy Problems Raised by Inter Partes Review (IPR) Suggest Congress Should Consider Acting

If Congress, nevertheless, is unmoved by the constitutional arguments for reforming the IPR process, it should weigh the strong economic policy arguments supporting IPR reform, which are …
By Alden Abbott
10 months ago 10

America’s Need For Strong Intellectual Property Protection

It is also important to recognize that the social, political and economic impact of strong protections for intellectual property cannot be overstated. In the social context, the …
By Robert J. Rando
12 months ago 6

Cooper and MCM—Beyond the Constitutionality of Article I Final Adjudication, an Opportunity for the Court to Clarify Stern?

Cooper and MCM have submitted Petitions for Writ of Certiorari to the Supreme Court of the United States, asking it to consider the constitutionality of Article I …
By Michael I. Rothwell
12 months ago 3

Musk fanboys at Barron’s take dim view of patents at their own readers’ expense

A recent Barron's editorial, however, has raised some eyebrows among those who are familiar with the effect of proper patent enforcement on financial fortunes. Published May 14th, “…

Inventors, Startups and Investors Amicus Challenges Constitutionality of IPR

Amici agree with Petitioner that this procedure was beyond Congress’s power to impose, and its underpinning rationale—that patents are a matter of administrative largesse, rather …
By Paul Morinville
1 year ago 9