Posts Tagged: justice kagan


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 …

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

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

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
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

Supreme Court Affirms CAFC in Stanford v. Roche on Bayh-Dole

At issue in the case, essentially, was whether the extraordinarily successful Bayh-Dole legislation (enacted in 1980) automatically vested ownership of patent rights in Universities when the underlying research …
By Gene Quinn
6 years ago 30

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

Supreme Court Punts on Costco First Sale Copyright Case

United States Supreme Court issued a non-decision in the matter of Costco Wholesale Corporation v. Omega, S.A. The Per Curiam decision simply read: "The judgment is …
By Gene Quinn
7 years ago 4

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