Posts Tagged: US Supreme Court


A Strategy for Protecting Software Claims from Invalidation Under the Algorithm Requirement

In general, the courts distinguish between functions and algorithms, and they require patent applicants to disclose algorithms to cure perceived deficiencies in functions. The problem with this …

Is the patent system self correcting, or are we going too far?

Everybody has to be careful because you’re right if we undermine our patent system that is the only thing that allows America to remain strong competitively …
Gene Quinn 1 month ago 1

Behind the Scenes on Octane Fitness and Fee-Shifting

I think there was certainly a level of abuse prior to patent trolls from larger companies that weren’t scrupulous trying to sue smaller companies and using …
Gene Quinn 1 month ago 6

Bad News for the Redskins Trademark – Registration Exempt from First Amendment Scrutiny

Last Wednesday the Eastern District of Virginia issued its opinion and order on cross-motions for summary judgment in Pro-Football v. Blackhorse, the case in which the National …
Brian Focarino 1 month ago 1

Kimble v. Marvel – Supreme Court quiets criticism of per se rule against post-patent royalties

The U.S. Supreme Court’s recent decision in Kimble v. Marvel Entertainment, LLC (2015) rejuvenates a 50-year-old rule that limits collecting patent royalties after a patent expires. …

The looming patent nightmare facing the pharmaceutical industry

During the last hearing of the House Judiciary Committee there was an attempt to insert language via amendment that would make it impossible for Kyle Bass and …
Gene Quinn 2 months ago 17

Patent Persecution

Patent prosecution describes the interaction between applicants and their representatives, and a patent office with regard to a patent, or an application for a patent. (source: Wikipedia). …
Louis Carbonneau 2 months ago 8

Without precedent or authority the Supreme Court is wrecking the U.S. economy

It is undeniable that the major destructive force in the patent system today is the United States Supreme Court. Indeed, over the last several years, the Supreme …
Gene Quinn 2 months ago 53

Supreme Court applies stare decisis in patent case

Simply stated, any patent decision from the Supreme Court that cites stare decisis lacks all intellectual credibility given how arbitrarily and capriciously they have ignored their patent …
Gene Quinn 2 months ago 12

No permanent injunction threat leads to refusal to deal with patent owners

Simply stated, Lemley is wrong and his suggestion that eBay v. MercExhange is at all positive, let alone the best development, strikes me as utterly ridiculous. The …
Gene Quinn 2 months ago 32

Naked Emperors: A Supreme Court Patent Tale

The idea that the Supreme Court is at all capable of understanding — let alone deciding — issues of a technical nature is ridiculous. Yet their individual and collective …
Gene Quinn 3 months ago 79

Supreme Court holds belief of invalidity not a defense to inducement liability

In both theories of indirect patent infringement (i.e., inducement of patent infringement and contributory infringement), the patent owner must show that the defendant knew its activities …
James Yang 3 months ago 3