Posts Tagged: SCOTUS
Shadow Advocacy: A Look Inside the Amicus Process
Paying due homage to the TV series, The Twilight Zone, you have now entered the strange world of “shadow advocacy,” aka the amicus process. Indeed amicus advocacy …
Federal Circuit says Kessler Doctrine did not preclude claims asserted against Google
Google also argued that, if claim preclusion did not bar SimpleAir’s infringement claims, than the Kessler doctrine barred them. This doctrine, stemming from a 1907 decision by …
SCOTUS to decide if lost profits can be awarded for infringement committed on high seas
The Supreme Court will hear WesternGeco LLC v. ION Geophysical Corp., which asks whether the Federal Circuit erred in holding that lost profits arising from prohibited combinations …
Looking Forward: Predictions and Thoughts about 2018
First, I predict that the United States Supreme Court will find post grant procedures under the America Invents Act to be unconstitutional. It is my belief they …
Industry Insiders Make Patent Wishes for 2018
For my wishes, I’ll make four. First, as I did last year, I again continue to wish for patent eligibility reform in Congress that would overrule …
Will the Supreme Court continue to be influenced by patent reform?
Invariably, the Supreme Court takes a provision or two from pending legislation and makes it law. Will they do the same now that pro-patent reform is actually …
What Mattered in 2017: Industry Insiders Reflect Biggest Moments in IP
Unlike previous years where we had near unanimity on the biggest moments, this year we see wide variety of thought, from SCOTUS to Capitol Hill to the …
The Year in Patents: The Top 10 Patent Stories from 2017
It is that time once again when we look back on the previous year in preparation to close the final chapter of 2017 in order move fresh into …
CAFC sides with Sandoz, Amgen’s state claims preempted by BPCIA
Originally filed in October 2014, the long-running and high-stakes battle between two powerhouse companies, Amgen and Sandoz, continues to lay out the ground rules for a growing biosimilar …
Manufacturing Firms and Organizations File Briefs in Oil States
Doubtless there are some manufacturing firms, such as Telebrands, who are great endorsers of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) …
RPost Does Not Meet Any Definition of ‘Patent Troll’
RPost has been unfairly described as a patent troll. In fact, RPost is a privately held cybersecurity technology company that has been in operation since 2000. For at …
Predicting SAS Institute v. Matal after SCOTUS Oral Arguments
My thoughts continue to be that the statute is very simple and mandates the PTAB to issue a final written decision on all claims challenged. This seemed …
Predicting Oil States after Supreme Court Oral Arguments
After oral arguments were held on Monday, November 27, 2017, I again asked a number of industry insiders what thoughts and predictions they now have after having the benefit …
Open Letter from Conservatives: What’s at stake in Oil States v. Greene’s Energy Group
If wrongly decided, Oil States Energy Services v. Greene’s Energy Group may be the next Kelo v. City of New London decision. At bottom, the case …
Supreme Court seems split on Oil States constitutionality challenge to IPR proceedings
Justice Gorsuch seems the most likely, based on his questions, to support the petitioner's position that there is a constitutional infirmity surrounding IPR proceedings. Chief Justice Roberts …
