Posts Tagged: SCOTUS
A Summary of the Constitutional Issues Raised by the Petitioner in Oil States
In arguing that inter partes review (IPR) violates the U.S. Constitution, the petitioner in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC advances …
Judge Paul Michel presents supplemental testimony on PTAB reforms to the House IP subcommittee
To fix the current incarnation of the U.S. patent system and reinvigorate the American economy, Judge Michel called upon the House IP subcommittee to adopt seven …
Patent owners negatively impacted by PTAB file amicus brief with SCOTUS in support of Oil States
A few dozen amici briefs have been filed in the case, including one filed on August 30th by 39 patent owners affected by PTAB activities in support of …
A Patents as Property Rights History Lesson
Several of the briefs address the absurdity currently being advanced, claiming patents are so-called “public rights.” This novel notion — more in line with Karl Marx than John …
What Changes Result from the Supreme Court Decision in TC Heartland?
Unfortunately, the answer may be not as much as many expected. Right after the decision there were 350 motions to transfer or dismiss in the EDTX. But the …
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 …
