Posts Tagged: SCOTUS
FTC v. Actavis: Where We Stand After 5 Years
It has been five years since FTC v. Actavis. In that landmark ruling, the Supreme Court held that settlements by which brand-name drug companies pay generics to …
The Collapse of U.S. Patent Policy by a Supreme Court preoccupied with Patent Trolls
U.S. patent policy has collapsed at the hands of a Supreme Court preoccupied with a boogeyman not present in a single dispute they were asked to …
Did the Supreme Court intentionally destroy the U.S. patent system?
Why did the Supreme Court intentionally destroy the U.S. patent system? That is a question many have been asking themselves in the wake of more than …
Is the Supreme Court anti-patent?
Is the Supreme Court anti-patent? it has been suggested to me that such rhetoric, whether true or not, is unhelpful and puts those urging pro-patent views on …
Patent Subject Matter Eligibility 101
The patents discussed below are all landmark inventions and were conceived by inventors inducted into the National Inventors Hall of Fame (NIHF). Would these ground-breaking inventions, that …
Chenery doctrine another legal norm not respected by the CAFC
More than half a century ago, the Supreme Court announced a “simple but fundamental rule” of administrative law: “that a reviewing court, in dealing with a determination …
CAFC Remands Medinol Patent Suit Against Cordis After SCOTUS Overturns Laches Finding
On Thursday, April 20th, the Court of Appeals for the Federal Circuit issued a decision in Medinol Ltd. v. Cordis Corporation et. al. which vacated and remanded …
The State of the U.S. Patent System: From Oil States to Patent Eligibility
One week ago, the United States Supreme Court issued two decisions pertaining to inter partes review (IPR) challenges at the Patent Trial and Appeal Board (PTAB). Meanwhile, …
The Supreme Court is wrong, a patent is not a franchise
The word franchise is defined as an authorization granted by a government or company to an individual or group enabling them to carry out specified commercial activities... …
IP rights are essential ingredients to our innovation system
"Let’s talk a bit about intellectual property rights," Undersecretary of Commerce and Director of NIST Walter Copan said at the LES Silicon Valley conference on Wednesday, …
Supreme Court Holds PTAB Must Decide Validity of All Challenged Claims in IPRs
As in civil litigation, the petitioner in an inter partes review is master of its complaint and is “normally entitled to judgment on all of the claims …
Despite Oil States, Inter Partes Review May Still Be Held Unconstitutional
Oil States v Greene’s Energy, 584 U.S. ___ (2018), just decided that patents are a public right, a franchise right, akin to a right to erect a toll …
SAS: When the Patent Office institutes IPR it must decide patentability of all challenged claims
In SAS Institute, a 5-4 majority ruled that there is no authorization in the statute for the Patent Trial and Appeal Board (PTAB) to partially institute a …
Industry Reaction to Supreme Court Decision in Oil States v. Green Energy
Earlier today the United States Supreme Court issued its decision in Oil States v. Green Energy, finding that inter partes review is constitutional both under Article III …
SCOTUS says Patents are a Government Franchise, Not a Vested Property Right
While there has been much optimism due to the arrival of USPTO Director Andrei Iancu and his recent speeches signaling he understands the U.S. patent system …
