Posts Tagged: US Supreme Court


Is the USPTO’s IPR Process Constitutional?

I represent MCM Portfolio LLC, which is seeking Supreme Court review of a recent decision of the United States Court of Appeals for the Federal Circuit upholding …
By Thomas Goldstein 5 days ago 45

Defeating Patent Trolls with Failure to Mark

Many defendants to patent troll suits have never heard of the patent owner or its patent(s), and will have never received notice of infringement until service …
By Damian R LaPlaca 6 days ago 14

To BRI or Not to BRI, That Is the Question

A good argument can be made that a given panel of PTAB judges will construe claims in the manner that makes most sense to them, regardless of …
By Paul Berghoff 16 days ago 6

Practitioner Strategies for Living in a Post-Cuozzo World

It seems difficult to reconcile the Respondent’s principal argument that two standards should still apply: that is, that the PTAB should be permitted to continue applying …
By Bradley Olson 21 days ago 10

Predicting Cuozzo After Supreme Court Oral Arguments

On Monday, April 25, 2016, the United States Supreme Court heard oral arguments in Cuozzo Speed Technologies v. Lee, the first case in which the Supreme Court will decide …
By Gene Quinn 21 days ago 51

Acorda Therapeutics v. Mylan Pharmaceuticals May Not be the Last Word on Personal Jurisdiction in ANDA Cases

The Federal Circuit held that Mylan Pharmaceuticals, Inc. (“Mylan”), a generic drug manufacturer, was subject to specific personal jurisdiction in Delaware because Mylan had filed an abbreviated …

Amid Cultural Debate on Political Correctness, Trademarks with Racial Overtones Look Set for Supreme Court

Two cases making their way through the Federal courts may force the Supreme Court to consider the issue of what sorts of trademarks should be considered “disparaging,” …

Supreme Court hears oral arguments in Cuozzo Speed Technologies v. Lee

Perhaps the best question of the entire oral argument was asked by Chief Justice Roberts: “So why ­­should we be so wedded to the way they do …
By Gene Quinn 30 days ago 29

Predicting Cuozzo in Advance of SCOTUS Oral Arguments

While I would never go into business handicapping the outcome of SCOTUS deliberations, I do have an opinion about what they should do in this case, at …
By Gene Quinn 1 month ago 4

Cuozzo at the Supreme Court – Determining the Future Value of Inter Partes Reviews at the Patent Office

If the Supreme Court’s recent track record in patent cases is a guide to the potential outcome in this case, it seems quite likely that the …
By Bart Eppenauer 1 month ago 2

What should we do about Alice?

Showing a bowl of spaghetti on one of his first few PowerPoint slides set the tone. The law as it applies to software patent eligibility is a …
By Gene Quinn 1 month ago 24

BRI v. Plain and Ordinary Meaning in Claim Construction: Much Ado About Nothing?

On one hand, logic dictates that the broader the interpretation of the claim, the more extensive the array of relevant prior art—and in turn the more …
By Sarah Barrows 1 month ago 17

Broadband iTV files amicus brief supporting Versata petition for certiorari

Versata presented four questions to the Supreme Court, some very specific to CBM proceedings. In its amicus brief, Broadband iTV more generally asks the Supreme Court to …

BRI and Phillips are No Different – Unified Patents Responds

Unified Patents Inc. explained in its amicus brief in Cuozzo Speed v. Lee that “[t]he phrase ‘broadest reasonable interpretation’ describes the same procedure applied in both …
By Scott A. McKeown 1 month ago 28

Misleading argument in Cuozzo suggests district courts use BRI

In the Introduction to the Unified Patents’ brief the following statement is made: “The phrase ‘broadest reasonable interpretation’ describes the same procedure applied in both the PTO …
By Gene Quinn 2 months ago 28