Posts Tagged: "dc circuit"

Brett Kavanaugh: A history of Skepticism toward the growth of the Administrative State

As was the case with Justice Neil Gorsuch, Kavanaugh has a history of being skeptical toward the growth of the Administrative State, which means the growth of agency power is not something he has shown a predisposition to being in favor of in his decisions. Given the outsized importance of the Patent Trial and Appeal Board (PTAB) within the patent industry, and the fact that the Supreme Court has already twice mentioned “shenanigans” in PTAB procedures, another conservative Justice inclined to be skeptical about the growth of administrative power may ultimately set the stage for review of some of the more egregious PTAB violations of the Administrative Procedures Act, such as but not limited to a severe and substantial lack of judicial independence among the Administrative Patent Judges that make up the PTAB (i.e., the Office admittedly engaging in panel stacking to guarantee favored outcomes in inter partes challenges, the fact that dissents are not allowed unless approved by supervisors, and supervisors deliberating with subordinates on cases they were not assigned to handle).

Gene Quinn & Steve Brachmann

September 7, 2018

Rambus Patent Related Antitrust Saga Appears to Be Over

European Union regulators on Wednesday dropped an antitrust investigation into Rambus Inc. after the company agreed to cap royalty fees for memory chip patents. In an agreement reached between EU regulators and Rambus, Rambus will not charge any royalties for SDR and DDR chip standards and to bring fees for newer versions of DDR down from 3.5 percent to 1.5…

Gene Quinn

December 9, 2009

Supreme Court Refuses Harjo, Redskins Can Keep Trademark

The United States Supreme Court earlier today announced that they will not accept the appeal in the Harjo case, which means that the decision of the the United States Court of Appeals for the District of Columbia will stand as the final decision in the long dispute that sought to strip the team of its trademark as a result of the term “Redskin” being offensive and not susceptible of receiving trademark protection.

Gene Quinn

November 16, 2009

Washington Redskins Win, Can Keep Trademark

As a fan of the Dallas Cowboys it is hard to write about a Redskins victory, but the victory scored by Pro-Football, Inc. on behalf of the Redskins means that the Redskin trademarks will remain intact. The ruling providing this victory for the Redskins came down on Friday May, 15, 2009, and should once and for all put this matter…

Gene Quinn

May 17, 2009