Posts Tagged: SCOTUS

The Uncertain Future of Laches in Patent Litigation

The stage is now set for the Supreme Court to weigh in on the future of laches in patent litigation. If the Court closely follows its analysis …

Common sense by design: Form, function and the way forward as charted by the Supreme Court

The Supreme Court need not wait for Congress to act. This is a case of first impression in interpreting the provision. Guided by its own law on …
By Professor Daryl Lim
10 days ago 4

Briefs supporting Life Technologies draw battle lines in battle over extraterritorial application of US patent laws

The U.S. government weighs in on Life Technologies’ side because “the application of U.S. patent law to participation by U.S. exporters in foreign markets …
By Edward Kwok
14 days ago 2

Supreme Court skeptical of Apple, hears oral arguments in Samsung v. Apple design patent case

Much of the court’s line of questioning at times sought answers to whether a standard could be applied in a design patent infringement case in such …
By Steve Brachmann
15 days ago 12

Supreme Court to decide if disparagement provision in the Lanham Act is invalid under the First Amendment?

Based on the question presented in Lee v. Tam, the Supreme Court made clear that its grant of review is only as to the disparagement provision in …
By Eric Ball & Moira Lion
22 days ago 0

SCOTUS takes case on disparaging trademark case involving Asian-American band The Slants

The USPTO, through its Trademark Trial and Appeal Board (TTAB), denied a standard character mark for “The Slants” to be used with live music performance entertainment on …
By Steve Brachmann
25 days ago 6

Life Technologies Corp. v. Promega Corporation: What No One Is Telling the Supreme Court

In its upcoming term, the Supreme Court will once again consider the extraterritorial effect of U.S. patent law; specifically, whether “the Federal Circuit erred in holding …
By Jonathan Tropp
1 month ago 3

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 …
By Lee Burgunder
1 month ago 0

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 …
By Paul Hughes
2 months ago 6

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 …
By Ronald Abrams
2 months ago 28

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 …
By Daniel Cole
3 months ago 52

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 …
By Chris Gallagher
3 months ago 5

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 …
By Lauren Emerson & Joseph Farco
3 months ago 0

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 …
By Jonathan Tropp
3 months ago 8

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 …