Posts Tagged: US Supreme Court


Ex parte Itagaki: Has the PTAB gone too far in invalidating patents under 35 USC 101

When addressing the issue of generality vs. particularity, we come across a situation where the inventors described the most crucial aspect of the invention, the classification unit, …

A Slanted View of Scandalous and Disparaging Trademarks

The Supreme Court has scheduled oral argument in Lee v. Tam for January 18... The genesis of the case is a Portland, Oregon all-Asian-American band called The Slants, …
By Esther Sirotnik
5 days ago 0

The Equitable Defense of Laches: SCA Hygiene Products v. First Quality Baby Products

The equitable defense of laches has been a useful tool for defendants in intellectual property litigation for over a hundred years, but a recent case in the …
By Tamany Bentz & Taylor Sachs
7 days ago 0

Changed Standard for Design Patent Damages Means More Design Patents Necessary

For patent holders in design patent infringement cases, having multiple component design patents for any given product will help maximize the potential damage award. A multiple design …
By Matt Scyoc & Gene Quinn
7 days ago 0

The Future of Forum-Shopping in a Post-TC Heartland World

The Federal Circuit’s broad interpretation of the patent-venue statute has led to widespread forum-shopping with a disproportionate number of cases being filed in the Eastern District …
By Byron Pickard & Joseph Kim
11 days ago 1

Nokia, Apple drag the world back to patent war

Being targeted by PAEs is nothing new for Apple — but in an anti-trust complaint dated December 20, 2016, Apple finally said enough was enough. Pulling no punches, Apple accused …
By Purva Sharma
11 days ago 7

Politics of Patent Venue Reform: SCOTUS Taking TC Heartland to Delay Push for Venue Reform

The genesis of the patent venue “problem” is simple: Many patent infringement defendants complain about traveling to the Eastern District of Texas. They feel that it is …
By Peter Harter & Gene Quinn
13 days ago 2

Patent Forecast 2017: Will Patent Courts Be Great Again?

While Congress seems to pass some form of patent legislation roughly every 9 to 11 years, the more important changes with regard to business predictability and economic growth tend …
By Peter Harter & Gene Quinn
14 days ago 3

The Year in Patents: The Top 10 Patent Stories from 2016

To come up with the list below I’ve reviewed all of our patent articles, and have come up with these top 10 patent stories for 2016. They appear …
By Gene Quinn
24 days ago 7

Patent Territoriality: Is the IP World Getting Flatter?

It is a ubiquitous concept that U.S. IP rights cannot extend beyond the territorial borders of the U.S. But the IP world may be in …
By Tamany Bentz
1 month ago 4

Trump on Copyright: How the Trump Administration will approach copyright law and potential copyright reforms

We know that not only are copyrights grounded in the constitution, but core copyright industries contribute approximately $1.2 trillion to the U.S. economy annually, and employ over 5.5 …
By Marla Grossman & Gene Quinn
1 month ago 3

Patently Surreal: The Obama Strategic Plan on IP Enforcement

It is almost impossible to believe this report is the work product of the Obama Administration. The section on patents, which begins on page 134, reads like a …
By Gene Quinn
1 month ago 29

Supreme Court agrees to hear patent venue case filled with patent reform implications

Earlier today the United States Supreme Court granted certiorari in TC Heartland LLC v. Kraft Food Brands Group LLC. In deciding to hear this patent venue case …
By Gene Quinn
1 month ago 8

Supreme Court: Term ‘article of manufacture’ encompasses both a product sold to a consumer and a component of that product

The relatively short opinion by Supreme Court standards – just over eight pages – puts it simply: “The text resolves this case. The term ‘article of manufacture,’ as used …
By John M. Rogitz
1 month ago 2

Litigating Willful Patent Infringement in a Post-Halo World

After Halo, courts appear to be breathing new life into claims for willful patent infringement and enhanced damages claims. In fact, since Halo’s new standard took …