Posts Tagged: SCOTUS
The Supreme Court May Give Product Designers Little to Cheer in Star Athletica
The Supreme Court granted certiorari this term in Star Athletica, L.L.C. v. Varsity Brands, Inc., which considers whether typical designs on cheerleading uniforms can be …
SCOTUS asked to consider proper scope of ex parte reexamination proceedings at USPTO
Pactiv, LLC v. Lee presents a question fundamental to all ex parte reexaminations: whether, after the PTO initiates an ex parte reexamination, that proceeding is limited in …
Apple May Ultimately Regret its Success in Apple v. Samsung
With over 205 billion in cash reserves at last count, Apple certainly doesn't "need" the full nine-figure damage award. And, unless Congress steps in and amends the damage …
Why Removing Section 101 Won’t be Enough
Removing section 101 would remove the language granting patents only to processes, machines, manufactures, compositions of matter, or new and useful improvements thereof. These categories however have only …
Public Health and Bioscientific War on Superbugs is Hobbled by IP Uncertainties
How will our patent system treat this wonderful new discovery? How long will it take before its curative benefits can be deployed ? We can only hope that …
NYIPLA Proposes Supreme Court Adopt a New Test for Copyright Protection in Cheerleader Uniform Case
This case concerns Star Athletica’s alleged infringement of Varsity Brands’ purported copyrights in the design of certain cheerleading uniforms. Under the Copyright Act, because clothing possesses …
After Cuozzo, Congress Must Take Back the Ball
While the Supreme Court spoke clearly and unanimously on the issue in Cuozzo, this hardly means the standard to be applied to claim construction in IPRs has …
The Amgen Quagmire: Federal Circuit Rules Patent Dance Does Not Excuse Biosimilar Applicants from Providing Notice of Intent to Market
The Supreme Court is currently considering whether to review Amgen Inc. v. Sandoz Inc., the Federal Circuit’s first decision regarding the Biologics Price Competition and Innovation …
Cuozzo Speed Technologies v. Lee: Supreme Court Clears the Way for the PTAB to Continue IPR Proceedings
The Supreme Court’s ruling will disappoint those who had hoped to change the standard by which the PTAB conducts inter partes reviews through the courts, rather …
Life Technologies Corp. v. Promega Corp. makes its way to the Supreme Court
On one hand, LifeTech argues that the Federal Circuit ruling was in conflict with the text and structure of the Patent Act as well as the presumption …
Cooper and MCM—Beyond the Constitutionality of Article I Final Adjudication, an Opportunity for the Court to Clarify Stern?
Cooper and MCM have submitted Petitions for Writ of Certiorari to the Supreme Court of the United States, asking it to consider the constitutionality of Article I …
Supreme Court denies cert. in Sequenom v. Ariosa Diagnostics
Earlier today the United States Supreme Court denied certiorari to Sequenom, Inc., which will let stand a decision of the United States Court of Appeals for the …
Halo v. Pulse and Stryker v. Zimmer: SCOTUS Finds Seagate Test Objectively Unreasonable
In rejecting the objective prong of Seagate, the Court rejected the notion that a defendant may escape the specter of enhanced damages by asserting a defense that …
Discretion Beats Out Bright Line Test for Enhanced Patent Damages: Halo v. Pulse
In last week’s Halo Elecs. v. Pulse Elecs. decision, the Supreme Court unanimously rejected the Federal Circuit’s Seagate standard for awarding enhanced damages in patent …
Jericho asks SCOTUS to consider whether blueprint for Defense Global Information grid is abstract
Jericho’s access control model was first used as the blueprint for the Department of Defense Global Information grid in 2007. The software was later deployed across two …
