Posts Tagged: SCOTUS


Supreme Court hears oral arguments in Cuozzo Speed Technologies v. Lee

Perhaps the best question of the entire oral argument was asked by Chief Justice Roberts: “So why ­­should we be so wedded to the way they do …
By Gene Quinn 3 days ago 29

Predicting Cuozzo in Advance of SCOTUS Oral Arguments

While I would never go into business handicapping the outcome of SCOTUS deliberations, I do have an opinion about what they should do in this case, at …
By Gene Quinn 5 days ago 4

Cuozzo at the Supreme Court – Determining the Future Value of Inter Partes Reviews at the Patent Office

If the Supreme Court’s recent track record in patent cases is a guide to the potential outcome in this case, it seems quite likely that the …
By Bart Eppenauer 5 days ago 2

What should we do about Alice?

Showing a bowl of spaghetti on one of his first few PowerPoint slides set the tone. The law as it applies to software patent eligibility is a …
By Gene Quinn 8 days ago 24

Broadband iTV files amicus brief supporting Versata petition for certiorari

Versata presented four questions to the Supreme Court, some very specific to CBM proceedings. In its amicus brief, Broadband iTV more generally asks the Supreme Court to …

BRI and Phillips are No Different – Unified Patents Responds

Unified Patents Inc. explained in its amicus brief in Cuozzo Speed v. Lee that “[t]he phrase ‘broadest reasonable interpretation’ describes the same procedure applied in both …
By Scott A. McKeown 12 days ago 28

Misleading argument in Cuozzo suggests district courts use BRI

In the Introduction to the Unified Patents’ brief the following statement is made: “The phrase ‘broadest reasonable interpretation’ describes the same procedure applied in both the PTO …
By Gene Quinn 19 days ago 28

Amici led by Eli Lilly file brief in Supreme Court in support of Sequenom certiorari petition

Rather than use the word 'conflate' to describe the mongrel mixture of patentability requirements the Supreme Court undertook in Mayo, the Eli Lilly brief characterizes the analysis …
By Gene Quinn 25 days ago 8

Supremes take Samsung v. Apple design patents damages case

On Monday, March 21, 2016, the United States Supreme Court accepted certiorari in Samsung Electronics v. Apple, Inc., which relates to how much Samsung owes for infringing Apple design …
By Gene Quinn 1 month ago 7

Merrick Garland’s deference to federal agencies should be concerning to patent owners

Given the fact that the IPR processes at PTAB have been worrisome for many patent owners, the possibility that Merrick Garland would continue his longstanding deference towards …
By Gene Quinn & Steve Brachmann 1 month ago 2

SCOTUS Blog founder asks Supreme Court to reconsider Mayo ruling in Sequenom v. Ariosa

This is as straightforward a certiorari candidate as any patent case can be. It is manifestly important: A host of judges and amici have stressed that the …
By Gene Quinn 1 month ago 16

Jimmie Reyna: A Man for All Seasons for the Supreme Court

While it is certainly possible that the President has narrowed his consideration to these three candidates, history teaches us that strange twists and turns can and do …

The AIA does not restrict judicial review of a final written decision

The AIA and its legislative history do not provide clear and convincing evidence that Congress intended ultra vires agency action by the PTO in holding claims unpatentable …

Will the Supreme Court consider a CAFC penchant for setting aside patent jury verdicts?

We along with several other attorneys represent ParkerVision, the plaintiff, which secured a $173 million infringement verdict that the courts subsequently threw out based on their own assessment …

Will Vacancy Caused by Passing of Justice Scalia Put US Supreme Court in a Pinch on IP Matters?

Justice Scalia never hid the fact that patent law was his “blind spot”. He also admitted to often taking his cues on IP issues from his colleague …
By Louis Carbonneau 2 months ago 4