Posts Tagged: justice ginsburg


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
4 months ago 29

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
4 months ago 51

Does Star Athletica Raise More Questions Than it Answers?

The Supreme Court recently issued its decision in Star Athletica v. Varsity Brands, which addressed whether copyright protection can extend to the graphic designs depicted on cheerleading …
By Lee Burgunder
5 months ago 0

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
6 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 …

Is the Supreme Court breathtakingly dishonest or just completely clueless?

In Star Athletica Breyer laments that the majority is ignoring the statute, refers to copyrights as a monopoly, and explains that copyrights are a tax on consumers... …
By Gene Quinn
6 months ago 14

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

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

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
5 years ago 15

Supreme Court Hears Oral Argument in Mayo v. Prometheus

All in all it seemed to me that the majority of the court seemed more skeptical about the Mayo position and more supportive of the Prometheus position. …
By Gene Quinn
6 years ago 20

Present Assignment of Future Invention Rights: Some Heretical Thoughts on the Stanford Case*

One of the critical issues in the Stanford case that is glossed over (or at least not addressed directly) by the Supreme Court majority (as well as …
By Eric Guttag
6 years ago 10

Microsoft i4i Oral Arguments Complete at Supreme Court

Hungar would go on to say that the clear and convincing standard "makes no sense," which nearly immediately drew the first comment from the bench with Justice …
By Gene Quinn
6 years ago 32

Section 273 is NOT a Red Herring: Stevens’ Disingenuous Concurrence in Bilski

Where this decision takes on a surreal quality is how the various Justices viewed the impact of 35 U.S.C. § 273 in determining whether “business methods” are patent-eligible. …
By Eric Guttag
7 years ago 36

Dissecting Bilski: The Meaning of the Supreme Patent Decision

Who knows what goes through the minds of anyone, let alone a cloistered Justice of the United States Supreme Court. What we do know, however, is that 5 …
By Gene Quinn
7 years ago 26