Posts Tagged: SCOTUS
Mission Product: SCOTUS Appears Skeptical That Bankrupt Licensor’s Rejection of Trademark License Means Licensee Can’t Use the Mark
On Wednesday, February 20, the U.S. Supreme Court heard oral arguments in Mission Product Holdings, Inc. v. Tempnology, LLC, where the Court was asked to address one …
Of Secret Sales and Public Uses: The Practical Consequences of the Supreme Court’s Helsinn Decision
It seemed like a trade secret trifecta when Congress in 2011 passed the America Invents Act (AIA). Although the statute was aimed at patent reform, it made three …
Return Mail v. USPS Oral Arguments: Both Sides Struggle in Robust Questioning at Supreme Court
On Tuesday, February 19, the U.S. Supreme Court heard oral arguments in Return Mail Inc. v. United States Postal Service, a case that asks the nation’s …
IP and Innovation on Capitol Hill: Week of February 18
This week is quiet on Capitol Hill with Presidents’ Day on Monday, after which the House of Representatives enters a district work period and the Senate is …
Other Barks & Bites for Friday, February 15
This week in Other Barks & Bites: the USPTO appoints a new Chief Information Officer; Apple uses Qualcomm chips in Germany while American professors urge the ITC to …
The Federal Circuit is Shirking Its Constitutional Duty to Provide Certainty for Critical Innovation
Here we go again! Another patent whose claims have been invalidated at the Federal Circuit—predictably, another medical diagnostic patent. Athena Diagnostics v. Mayo Collaborative (Fed. Cir. …
As the Climate for U.S. Patents Turns Brighter, Now is the Right Time to Invest in These Assets
The cost of obtaining a U.S. patent has not significantly changed for the past 10 years. This remarkable stability is confirmed by the AIPLA Economic Survey, our …
Why Helsinn v. Teva Creates Inscrutable Uncertainty About the Scope of Prior Art Instead of Confirming Longstanding Law
To the casual observer, the Supreme Court’s January 23 decision in Helsinn v. Teva may seem like no big deal. In just a few pages of text, …
IP Due Diligence in the Life Sciences: Key Considerations for 2019
The success of a life science product, and thereby the company, rests heavily upon a combination of patent protection, regulatory exclusivity and product life cycle management. A …
IBM Calls for an End to the ‘Legal Fiction’ of Current 101 Law
This marks the final installment in my four-part interview with IBM’s Vice President and Assistant General Counsel Mark Ringes and Chief Patent Counsel Manny Schecter. I …
IBM: Software Patent Exceptions Make No Sense in a World Where “Software is Ubiquitous”
In Part I of my recent interview with IBM, I spoke with Mark Ringes, IBM Vice President and Assistant General Counsel, and Manny Schecter, Chief Patent Counsel, …
Is 2019 the Year Clarity Returns to Section 101? Judge Paul Michel Is Hopeful
For almost ten years, U.S. patent law has experienced extraordinary confusion and uncertainty about what types of inventions and discoveries are patent eligible. The U.S. …
The Supreme Court Should Grant Cert in Zup to Correct Obviousness Doctrine
On behalf of nonprofit, U.S. Inventor, Inc., and over a dozen other amici, Flachsbart & Greenspoon, LLC has submitted a Brief of Amici Curiae urging the Supreme …
Industry Insiders: Opinions Mixed in Aftermath of Supreme Court Holding in Helsinn
Yesterday a unanimous Supreme Court ruled that the America Invents Act’s (AIA’s) language barring patent protection for inventions that were “in public use, on sale, …
Supreme Court decides Helsinn v. Teva, Secret Sale Qualifies as Prior Art Under the AIA
n a relatively short, unanimous decision authored by Justice Thomas, the Court begins by explaining that twenty-years ago in Pfaff v. Wells Electronics, Inc., 525 U.S. 55, 67 (1998) the …
