Posts Tagged: justice sotomayor


Supremes Say Broad Discretion to District Courts to Award Attorneys Fees

35 U.S.C. § 285, which is an extremely short statute, authorizes a district court to award attorney’s fees in patent litigation to the prevailing party. In its …
1 year ago 2

Intel Patents: A Diverse Story of Software Innovation

We start our profile of Intel’s recently developed technologies with a look at our featured patent application, which discusses a novel system for managing access to …
1 year ago 0

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 …
2 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 …
3 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. …
4 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 …
4 years ago 10

Clear & Convincing: Supreme Court Affirms CAFC in Microsoft v. i4i

icrosoft wanted to see that changed, with prior art not considered by the Patent Office requiring a lower evidentiary threshold to invalidate. To rule in Microsoft's favor …
4 years ago 13

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 …
4 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 …
4 years ago 32

Supreme Court Hears Arguments in Costco Copyright Case

The dispute arose because Omega, S.A., sought to prevent the petitioner, Costco Wholesale Corporation, from reselling genuine watches originally sold by Omega to authorized foreign distributors. …
5 years ago 9

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 …
5 years ago 26

Monday June 21, Another No Bilski Day for the Supremes

What makes this "no Bilski day" at the Supreme Court particularly interesting and noteworthy is the fact that the Supreme Court did issue a terrorism and First …
5 years ago 2