Posts Tagged: justice thomas


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 hours ago 1

Can the Supreme Court’s erosion of patent rights be reversed?

The resulting decisions reveal the Supreme Court’s holistic outlook as a generalist court concerned with broad legal consistency rather than fidelity to patent law’s underlying …

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

Arbitrary and Capricious: Exploring Judge Lourie’s flip-flop in Ultramercial

It would be extremely unsettling if the Supreme Court has weakened Judge Lourie's resolve to independently and properly interpret the Patent Act. If there is another explanation …
By Gene Quinn
2 years ago 5

Supremes end Federal Circuit love affair with de novo review

The United States Court of Appeals for the Federal Circuit has had a very long love affair with de novo review, a standard whereby the reviewing appellate …
By Gene Quinn
2 years ago 8

SCOTUS Rules Alice Software Claims Patent Ineligible

On Thursday, june 19, 2014, the United States Supreme Court issued its much anticipated decision in Alice v. CLS Bank. In a unanimous decision authored by Justice Thomas the …
By Gene Quinn
3 years ago 216

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

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

Finding a Nut: Supremes Get a Patent Case Right!

Maybe it is the result of the case being of such little importance to the patent system as a whole, or maybe it is just evidence that …
By Gene Quinn
5 years ago 3

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

Motorola Sues Apple for Patent Infringement With Sparse Complaint

On Wednesday, October 6, 2010, Motorola, Inc. announced that its subsidiary, Motorola Mobility, Inc., filed a complaint with the U.S. International Trade Commission (ITC) alleging that Apple’s …
By Gene Quinn
6 years ago 4

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