Posts Tagged: US Supreme Court


Is the IPR tide about to turn at the Patent Trial and Appeal Board?

Recently the United States Supreme Court added an important IPR case to its docket. Normally the Supreme Court does not take a Federal Circuit appeal to compliment …
By Gene Quinn 12 days ago 20

Will the Supreme Court Save Apple from Itself?

The victory, if it stands, will encourage more design patent infringement claims, and Apple will likely find itself defending against similar suits in the not so distant …
By Joshua Wolson 18 days ago 4

SCOTUS asked to consider constitutional challenge to post grant patent proceedings

The question presented in the petition for certiorari in Cooper v. Lee is whether 35 U.S.C. §318(b) violates Article III of the United States Constitution, to …
By Robert P. Greenspoon 22 days ago 14

Will Cruz act to protect property rights, Constitution at Supreme Court?

The Patent Act itself clearly and unambiguously states that patents are property. See 35 U.S.C. 261. Unfortunately, this property right of Constitutional significance has increasingly come under …
By Gene Quinn 24 days ago 29

The Year in Patents: The Top 10 Patent Stories from 2015

It is that time once again when we look back on the previous year in preparation to close the final chapter in order move fresh into the …
By Gene Quinn 1 month ago 0

What Mattered in 2015: Insiders Reflect on Biggest Moments in IP

This year our panel of industry insiders is quite diverse, with commentary from Bob Stoll (Drinker Biddle), Ashley Keller (Gerchen Keller), Paul Morinville (US Inventor), Alden Abbot (…
By Gene Quinn 2 months ago 8

CAFC denies Sequenom en banc petition, Next stop SCOTUS

The law of patent eligibility is created by the nine least qualified people to make such a determination; the Justices of Supreme Court of the United States. …
By Gene Quinn 2 months ago 40

The difficult environment for monetizing patent rights

Ashley Keller: ''I think the market is challenging right now. I wouldn’t say it’s deteriorating—it’s more stable than it’s been—but I …
By Gene Quinn 3 months ago 0

2015 Supreme Court Term: Cert Petitions to Watch

Since the start of the Supreme Court’s term in October, the Court has already agreed to hear two patent cases, Halo Electronics, Inc. v. Pulse Electronics, …
By G. Hopkins Guy & Chris Ponder 3 months ago 3

Will SCOTUS Provide Guidance on Judicial Review and Claim Construction for IPR Proceedings?

The NYIPLA asks the Court to grant the petition in order to make clear that judicial review is available when the PTO institutes an IPR proceeding and …

Does the USPTO have authority to address patent eligibility in Covered Business Method review?

On November 5, 2015, patent owner Retirement Capital Access Management Company LLC filed the most important cert petition this term. This bold effort squarely presents a question circling around …
By Robert P. Greenspoon 3 months ago 47

History Repeating Itself at the Supreme Court

The Supreme Court recently decided to review a pair of cases that challenge the Federal Circuit’s willful infringement test. The two cases, Halo Electronics, Inc. v. …
By Alex M. Grabowski 4 months ago 1