Posts Tagged: US Supreme Court


Cuozzo Speed Technologies v. Lee: Supreme Court Clears the Way for the PTAB to Continue IPR Proceedings

The Supreme Court’s ruling will disappoint those who had hoped to change the standard by which the PTAB conducts inter partes reviews through the courts, rather …
By Gene Quinn
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No Bridge Over the Troubled Waters of Section 101

The waters surrounding Section 101 of the Patent Act are as muddied as they come. The statute sets forth only in broad strokes what inventions are patentable, leaving …

Cooper and MCM—Beyond the Constitutionality of Article I Final Adjudication, an Opportunity for the Court to Clarify Stern?

Cooper and MCM have submitted Petitions for Writ of Certiorari to the Supreme Court of the United States, asking it to consider the constitutionality of Article I …
By Michael I. Rothwell
2 days ago 3

Supreme Court denies cert. in Sequenom v. Ariosa Diagnostics

Earlier today the United States Supreme Court denied certiorari to Sequenom, Inc., which will let stand a decision of the United States Court of Appeals for the …
By Gene Quinn
4 days ago 64

Halo v. Pulse and Stryker v. Zimmer: SCOTUS Finds Seagate Test Objectively Unreasonable

In rejecting the objective prong of Seagate, the Court rejected the notion that a defendant may escape the specter of enhanced damages by asserting a defense that …

Discretion Beats Out Bright Line Test for Enhanced Patent Damages: Halo v. Pulse

In last week’s Halo Elecs. v. Pulse Elecs. decision, the Supreme Court unanimously rejected the Federal Circuit’s Seagate standard for awarding enhanced damages in patent …
By Kara R. Fussner
8 days ago 2

Should Section 101 of the Patent Act be Removed

David Kappos, the director of the USPTO under President Obama from 2009 to 2013, recently called for congress to repeal section 101 of the patent act. According to Kappos, the …
By Daniel Cole
8 days ago 39

Cuozzo: The Case That Wasn’t

AIA trials have been sought over 5,000 times to challenge patents and are widely used to resolve patent disputes. Many patent owners complained that these proceedings were unfairly …
By Edmund J. Walsh
8 days ago 0

Jericho asks SCOTUS to consider whether blueprint for Defense Global Information grid is abstract

Jericho’s access control model was first used as the blueprint for the Department of Defense Global Information grid in 2007. The software was later deployed across two …
By Audrey Ogurchak
9 days ago 5

Supreme Court Emphasizes Objective Reasonableness for Fee Awards in Copyright Litigation

Justice Kagan stated as one primary factor that a District Court should put substantial weight on the reasonableness of the losing party’s position. The lower courts …
By Jon Tandler
10 days ago 0

Industry Reaction: Supreme Court upholds Federal Circuit in Cuozzo

“This is obviously a victory for some who challenge a patent’s validity in IPR proceedings since broadly construed claims are more vulnerable to attack than narrowly …

Supreme Court decides Cuozzo Speed Technologies: BRI proper, IPR institution not appealable

In a unanimous decision delivered by Justice Breyer in Cuozzo Speed Technologies, LLC v. Lee, the United States Supreme Court upheld the United States Patent Office’s …
By Audrey Ogurchak
11 days ago 11

Objective reasonableness important factor in awarding attorney’s fees in copyright litigation

In exercising this discretion the Supreme Court held that district courts should consider the objective reasonableness of the losing party’s position, but that the objective reasonableness …
By Gene Quinn
15 days ago 0

The Supreme Court should follow their own Halo advice in §101 patent eligibility decisions

Essentially, the Supreme Court told the Federal Circuit that they needed remedial reading lessons. The statute is clear: “may” means district courts have discretion. The Supreme Court …
By Gene Quinn
16 days ago 16

Has the Supreme Court Breathed New Life into Patent Trolls in Halo and Stryker?

The chance of a court tripling damages for patent infringement has significantly increased. The Supreme Court, Halo Electronics, Inc. v. Pulse Electronics, Inc., et al. and Stryker …
By Chase Means
16 days ago 12