Posts Tagged: SCOTUS
Why is SCOTUS Creating a Federal Common Law of Patents?
What makes SCOTUS’s assertions in patent law jurisprudence that there are these “exceptions” or additional “requirements” particularly annoying to many of us in the patent bar …
Supreme Court Hears Helsinn v. Teva: Does On-Sale Bar Capture Secret Sales
On the morning of Tuesday, December 4th, the U.S. Supreme Court held oral arguments in the case of Helsinn Healthcare S.A. v. Teva Pharmaceutical USA (…
Supreme Court Refuses to Take SSL Services v. Cisco, Will Not Answer Question on Multiple Proceedings Rule at PTAB
In its petition for writ, SSL Services argued that the PTAB’s decision to institute the IPR incorrectly denied the application of 35 U.S.C. § 325(d), the …
Constitutional Separation of Powers & Patents of Invention: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC
Despite potentially relevant Supreme Court precedent in Thomas and Granfinanciera, the better view under the weight of Supreme Court precedent with respect to patent validity, absent the …
Does the Supreme Court even appreciate the patent eligibility chaos they created?
At the beginning of this decade the United States Supreme Court embarked on a path that would ultimately result in a significant re-writing of the law of …
Supreme Court Refuses Another 101 Patent Eligibility Appeal
REAL argued in its petition that step two of the Alice test used to determine invalidity under Section 101 requires questions of fact that were never asked by …
Unintelligible and Irreconcilable: Patent Eligibility in America
The Alice/Mayo framework does not mandate a conclusion, it tolerates – even enables – whatever conclusion the decision maker prefers. This is allowed because of a universe of …
Supreme Court to Determine if Federal Government Is a ‘Person’ Eligible to Petition the PTAB
The case will ask the highest court in the nation to determine whether the federal government is a person who may petition the Patent Trial and Appeal …
Can the Federal Circuit use Rule 36 Affirmances in PTAB Appeals?
Inventor advocacy group US Inventor recently filed an amicus brief with the U.S. Supreme Court asking the nation’s highest court to grant a petition for …
Supreme Court asked to apply Multiple Proceeding rule to end harassing validity challenges
The Multiple Proceedings rule has become the essence of uncertainty. What exactly does it mean? §325(d) gives the PTO Director the authority to refuse a petition when “…
Supreme Court Denies Cert in Two-Way Media v. Comcast, Refuses Another 101 Case
The U.S. Supreme Court denied a petition for writ of certiorari in Two-Way Media Ltd. v. Comcast Cable Communications, refusing to hear yet another appeal in …
Supreme Court to Hear Rimini Street v. Oracle to Decide if Copyright Act Authorizes Non-Taxable Costs
The U.S. Supreme Court has granted a petition for writ of certiorari to take up Rimini Street v. Oracle on appeal from the Court of Appeals …
Seeds of demise were sown when SCOTUS removed exclusivity from the patent bargain
With the next Supreme Court term beginning in a few weeks we all need to come to terms with the fact that the U.S. has a …
At Age 46, it’s Time to Retire Benson
contrary to popular notion, U.S. Patent No. 4,344,142 to James Diehr was not the first attempt to patent the idea of performing a real-time simulation of the …
Where is the line between patentable subject matter and non-patentable products of nature?
A conflict exists between the incentive to invent and the breadth of patent-eligible subject matter. It has become difficult to recognize the line between patentable subject matter …
