Posts Tagged: SCOTUS


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 …
By Gene Quinn
5 months ago 72

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 …
By Manny Schecter
5 months ago 31

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 …
By US Inventor
5 months ago 5

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 …
By Steve Brachmann
5 months ago 1

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, …
By Gene Quinn
6 months ago 0

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... …
By Gene Quinn
6 months ago 73

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, …
By Gene Quinn
6 months ago 10

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 …
By James Carmichael & Brad Close
6 months ago 34

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 …
By Gene Quinn & Renee C. Quinn
6 months ago 12

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 …
By Gene Quinn & Renee C. Quinn
6 months ago 70

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 …
By Gene Quinn
6 months ago 59

Supreme Court Issues Much Anticipated Oil States and SAS Decisions

Earlier today, the US Supreme Court issued it's highly anticipated 7 to 2 decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC which upheld the …

Shadow Advocacy: A Look Inside the Amicus Process

Paying due homage to the TV series, The Twilight Zone, you have now entered the strange world of “shadow advocacy,” aka the amicus process. Indeed amicus advocacy …
By Eric Guttag
6 months ago 2

Federal Circuit says Kessler Doctrine did not preclude claims asserted against Google

Google also argued that, if claim preclusion did not bar SimpleAir’s infringement claims, than the Kessler doctrine barred them. This doctrine, stemming from a 1907 decision by …
By Steve Brachmann
7 months ago 2

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