Posts Tagged: SCOTUS


Copyrights at the Supreme Court: Star Athletica v. Varsity Brands

On Wednesday, March 22nd, the U.S. Supreme Court handed down a decision in a copyright case, which clarifies federal copyright law surrounding whether features incorporated into …
By Gene Quinn & Steve Brachmann
3 hours ago 0

Supreme Court says laches is no defense to patent infringement

The fact that laches cannot be used as a defense to a patent infringement action brought during the statute of limitations is most definitely a pro-patent decision. …
By Gene Quinn
14 hours ago 5

Supreme Court Decides SCA Hygiene Products v. First Quality Baby Products

On Tuesday, March 21st, the U.S. Supreme Court issued a decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, a case which looked …

Supreme Court of the United States to Hear Oral Arguments in Patent Exhaustion Case

On March 21, 2017, the Supreme Court of the United States will hear oral arguments for the case of Impression Products, Inc. v. Lexmark International, Inc. The Court will …

Other Barks for Wednesday, March 15th, 2017

A well-known patent monetization firm jumps back into the brokered patent market in 2016’s fourth quarter. A federal judge in New York allows arguments over whether American …
By Steve Brachmann
8 days ago 0

Supreme Court decision in Life Technologies v. Promega does not relieve manufacturers from the risk

The facts of the underlying case were incredibly simplistic and not representative of a typical patent infringement case involving complex technologies. The parties agreed that the exported …
By Wayne Stacy & Elise Edlin
14 days ago 0

Whirlpool files Supreme Court Amicus Supporting Kraft Foods in TC Heartland case

If the Supreme Court were to reverse the Federal Circuit and revert back to Fourco Glass, that would make it difficult for patent owners, including Whirlpool and …
By Gene Quinn
14 days ago 6

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 Reverses Federal Circuit, Confirms that One is Still the Loneliest Number

In yet another reversal of the Federal Circuit, the Supreme Court yesterday held that liability under § 271(f)(1) of the Patent Act requires more than one component part …
By Clifford R. Lamar, II
22 days ago 7

SCOTUS invites Michelle Lee to Respond to Oil States IPR related petition for certiorari

The first and perhaps most obvious news story here relates to the fact that the United States Supreme Court believes that Michelle Lee remains Director of the …
By Gene Quinn
23 days ago 13

Hatch says patent venue reform likely regardless of SCOTUS decision in TC Heartland

With respect to the thorny issue of patent litigation, Senator Hatch explained that there is a very real chance that venue reform will happen this year... HATCH: "…
By Gene Quinn
1 month ago 12

A Few Thoughts on the Supreme Court’s Section 101 Jurisprudence

I am particularly concerned about the impact this case law has on the patent application process. Instead of focusing on novelty and clarity, examiners and applicants alike …
By Senator Chris Coons
1 month ago 116

Trump picks Neil Gorsuch for Supreme Court

Earlier this evening President Donald Trump announced the nomination of Judge Neil Gorsuch of the Court of Appeals for the 10th Circuit as his selection to replace …
By Gene Quinn
2 months ago 7

IPO adopts resolution supporting legislation to amend 35 U.S.C. § 101

IPO supports legislation because the patent eligibility test created by the U.S. Supreme Court is difficult to apply and has yielded unpredictable results for patent owners …
By Gene Quinn
2 months ago 25

The Disintegration of the American Patent System

The American patent system represents a delicate balance. On the one hand, the patent system provides an incentive to invest in risky technical problem solving by giving …
By Neal Solomon
2 months ago 59