Posts Tagged: SCOTUS
Litigating Copyrights: Is Registration required to get into Court?
While registration is required in order to file a lawsuit for copyright in federal court, there is currently a circuit split with regard to what part of …
The Supreme Crusade to Weaken Patent Rights in America
Over the years the Supreme Court has reached many controversial decisions, but in the patent space they have made statements that demonstrate just how incompetent they are …
Supreme Court to Resolve Copyright Registration Circuit Split
On Thursday, June 28, the U.S. Supreme Court agreed to hear a case that should resolve the long-standing question of whether a copyright plaintiff must have a …
Supreme Court to hear Helsinn v. Teva, decide AIA Secret Sales
On Monday, June 25, 2018, the United States Supreme Court granted cert. in Helsinn Healthcare S.A., v. Teva Pharmaceuticals USA, Inc. The single question presented by Helsinn in …
Industry Reaction to WesternGeco LLC v. ION GeoPhysical
We reached out to our distinguished panel of industry insiders, and the initial reaction is this decision is a clear win for patent owners. Efrat Kasznik: "The …
Supreme Court win for Patent Owners on Lost Foreign Profits in WesternGeco v. ION Geophysical
Earlier today the United States Supreme Court issued a decision in WesternGeco LLC v. ION Geophysical Corp., which in a 7-2 decision ruled that a patent owner …
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... …
