Posts Tagged: SCOTUS


Regardless of Changes to Patent Venue, Trolls will still be Trolls

Because patent trolls prefer filing in the Eastern District of Texas, the thinking goes that it will be a significant blow to patent trolls if the Supreme …
By Gene Quinn
6 days ago 7

Knock-Offs Beware: SCOTUS Makes a Fashion Forward Decision

The ruling has wide implications for both the fashion apparel and home furnishings industry, both of which rely on distinctive, eye-catching designs to sell products. The upshot …

Estoppel: The Equitable Defense Remaining After SCA Hygiene Products?*

The remaining vitality of estoppel as a defense against patent infringement after SCA Hygiene Products is also not a hypothetical question. Indeed, the issue of estoppel remains …
By Eric Guttag
22 days ago 2

Frankly My Dear I Don’t Give a Tam: The Oddball Consequences of In re Tam

The Supreme Court heard oral argument on the cloudy Wednesday morning of January 18, 2017. Although the Justices posed tough questions and intricate hypotheticals to both sides, the tone …

SCOTUS takes on Venue: A full summary of oral arguments in TC Heartland v. Kraft Food Group

On Monday, March 27th, the U.S. Supreme Court heard oral arguments in TC Heartland LLC v. Kraft Food Group Brands LLC. The case, arising from allegations …
By Steve Brachmann
24 days ago 0

Authors living off welfare and writing for free is not a coherent copyright plan

Authors who are making a wage that is at or below the poverty line create a burdensome charge for readers? Well when you put it that way …
By Gene Quinn
27 days ago 14

Supreme Court hears oral arguments in Impression Products v. Lexmark International

On Tuesday, March 21st, the U.S. Supreme Court heard oral arguments in Impression Products, Inc. v. Lexmark International, Inc. The case surrounding the sale and resale …
By Steve Brachmann
30 days ago 1

Is the Supreme Court breathtakingly dishonest or just completely clueless?

In Star Athletica Breyer laments that the majority is ignoring the statute, refers to copyrights as a monopoly, and explains that copyrights are a tax on consumers... …
By Gene Quinn
1 month ago 14

Copyrights at the Supreme Court: Star Athletica v. Varsity Brands

On Wednesday, March 22nd, the U.S. Supreme Court handed down a decision in a copyright case, which clarifies federal copyright law surrounding whether features incorporated into …
By Gene Quinn & Steve Brachmann
1 month ago 0

Supreme Court says laches is no defense to patent infringement

The fact that laches cannot be used as a defense to a patent infringement action brought during the statute of limitations is most definitely a pro-patent decision. …
By Gene Quinn
1 month ago 47

Supreme Court Decides SCA Hygiene Products v. First Quality Baby Products

On Tuesday, March 21st, the U.S. Supreme Court issued a decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, a case which looked …

Supreme Court of the United States to Hear Oral Arguments in Patent Exhaustion Case

On March 21, 2017, the Supreme Court of the United States will hear oral arguments for the case of Impression Products, Inc. v. Lexmark International, Inc. The Court will …

Other Barks for Wednesday, March 15th, 2017

A well-known patent monetization firm jumps back into the brokered patent market in 2016’s fourth quarter. A federal judge in New York allows arguments over whether American …
By Steve Brachmann
1 month ago 0

Supreme Court decision in Life Technologies v. Promega does not relieve manufacturers from the risk

The facts of the underlying case were incredibly simplistic and not representative of a typical patent infringement case involving complex technologies. The parties agreed that the exported …
By Wayne Stacy & Elise Edlin
2 months ago 0

Whirlpool files Supreme Court Amicus Supporting Kraft Foods in TC Heartland case

If the Supreme Court were to reverse the Federal Circuit and revert back to Fourco Glass, that would make it difficult for patent owners, including Whirlpool and …
By Gene Quinn
2 months ago 6