Posts Tagged: justice kennedy


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 …

Discretion Beats Out Bright Line Test for Enhanced Patent Damages: Halo v. Pulse

In last week’s Halo Elecs. v. Pulse Elecs. decision, the Supreme Court unanimously rejected the Federal Circuit’s Seagate standard for awarding enhanced damages in patent …
By Kara R. Fussner
10 months ago 2

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
12 months 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

A Software Patent History: SCOTUS Decides Bilski

The Supreme Court held that the machine-or-transformation test is not the sole test for patent eligibility under §101, and that the Federal Circuit erred when it ruled that …
By Gene Quinn
2 years ago 14

SCOTUS: FDA Regulations No Bar to Lanham Act Claims

The Supreme Court reversed a decision from the Ninth Circuit that held that within the realm of labeling for food and beverages, a Lanham Act claim asserting …
By Gene Quinn
3 years ago 0

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

Business Method Patents and the Equitable Standard for Granting Permanent Injunctions: The eBay Case*

The concurring opinion of Justice Kennedy is even more unfortunate. Like Chief Justice Roberts, while agreeing with Justice Thomas’ holding that the traditional “four-factor” test applied to …
By Eric Guttag
4 years ago 4

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
5 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

Just Common Sense: U.S. Supreme Court is Anti-Innovation

If you are anti-patent then you are anti-innovation because those who innovate are not the behemoths of industry, but rather start-up companies that absolutely require patents in …
By Gene Quinn
6 years ago 127