Posts Tagged: SCOTUS
Equitable Estoppel After the Loss of Laches from SCA v. First Quality
Equitable estoppel may be appropriate for the defendant in SCA v. First Quality since the plaintiff was silent for years after the defendant asserted invalidity (possibly fulfilling …
Supreme Court Ruling Opens Door to Additional Constitutional Challenges to the Lanham Act
The Supreme Court ruled that the anti-disparagement clause in the Lanham Act violates the Free Speech Clause in the First Amendment. Matal v. Tam. As a result, …
Supreme Court Rocks the Trademark Office in ‘Slants’ Case
After a streak of six patent decisions uniformly overruling the Federal Circuit, and for the first time all term, the Supreme Court finally handed the Federal Circuit …
Prepare for More Estoppel if the Supreme Court Reverses Federal Circuit on Partial IPR Institutions
Partial institutions lessen the value of estoppel because the petitioner avoids estoppel on claims that were challenged but not instituted. The PTAB never issues a final written …
Supreme Court says disparagement clause violates the First Amendment Free Speech Clause
Earlier this morning the United States Supreme Court delivered a much-anticipated decision in Matal v. Tam, the trademark case that asks whether a disparaging trademark can be …
SCOTUS says OK to give notice of commercial marketing before FDA license under Biologics Price Competition and Innovation Act
42 U.S.C. § 262(l) of the Biologics Price Competition and Innovation Act of 2009 (BPCIA) regulates “biosimilars,” biological products that are highly similar to FDA-approved biological products. Section 262(…
Industry Reaction to SCOTUS decision in Sandoz v. Amgen
The Court’s Sandoz v. Amgen decision gutted a statute that had been carefully crafted to facilitate timely resolution of patent disputes and avoid delaying market entry …
Industry Reaction to SCOTUS Granting Cert. in Oil States
Russ: Slifer: ''Clearly the Supreme Court is not done with its intellectual property obsession. By granting certiorari in Oil States vs. Greene’s Energy Group, et al. …
Supreme Court to decide if Inter Partes Review is Unconstitutional
The Supreme Court granted certiorari only on the first question, whether inter partes review violates the U.S. Constitution by extinguishing private property rights through a non-Article …
Lefstin, Mossoff critique SCOTUS’ sense of history and negative impacts on today’s patent system
“The Supreme Court has told us, and told itself, a particular story -- a story based in history to justify its current regime,” Lefstin said near the …
Is TC Heartland All Good News for Patent Litigation Defendants?
Joint-defense groups lower costs and increase efficiencies for all defendants in the groups. Certain prominent patent litigation boutiques and Big Law departments have skillfully made a business …
Is the Supreme Court’s venue decision in TC Heartland anti-patent?
The TC Heartland decision strikes me as more anti-business than it is anti-patent. In the wake of the Supreme Court’s decision all patent owners will now …
TC Heartland: An Alternate Opinion – Not As Bad As It Seems
We believe that the fallout from the Court’s ruling last week will be less dire for patent owners than most commentators predict. The conventional wisdom is …
How will district courts handle the influx of motions after SCOTUS TC Heartland ruling?
“What we do know is that motion practice will heat up and courts must determine how they want to handle the influx of motions to dismiss and …
With a Supreme Court hostile to inventors, venture capital and many startups moving to China
Due to the death of the patent troll narrative, venue reform would never have made it through Congress, but the infringer lobby doesn’t need Congress when …
