Posts Tagged: US Supreme Court


Mission Product: SCOTUS Appears Skeptical That Bankrupt Licensor’s Rejection of Trademark License Means Licensee Can’t Use the Mark

On Wednesday, February 20, the U.S. Supreme Court heard oral arguments in Mission Product Holdings, Inc. v. Tempnology, LLC, where the Court was asked to address one …

Of Secret Sales and Public Uses: The Practical Consequences of the Supreme Court’s Helsinn Decision

It seemed like a trade secret trifecta when Congress in 2011 passed the America Invents Act (AIA). Although the statute was aimed at patent reform, it made three …
By James Pooley
25 days ago 1

Return Mail v. USPS Oral Arguments: Both Sides Struggle in Robust Questioning at Supreme Court

On Tuesday, February 19, the U.S. Supreme Court heard oral arguments in Return Mail Inc. v. United States Postal Service, a case that asks the nation’s …
By IPWatchdog
27 days ago 18

IP and Innovation on Capitol Hill: Week of February 18

This week is quiet on Capitol Hill with Presidents’ Day on Monday, after which the House of Representatives enters a district work period and the Senate is …
By IPWatchdog
29 days ago 0

Other Barks & Bites for Friday, February 15

This week in Other Barks & Bites: the USPTO appoints a new Chief Information Officer; Apple uses Qualcomm chips in Germany while American professors urge the ITC to …
By IPWatchdog
1 month ago 2

Simultaneous Invention as Secondary Evidence of Obviousness

Is an invention arrived at by multiple inventors within a short space of time necessarily obvious? If not, how far may the evidence of simultaneous or contemporaneous …

SCOTUS to Hear ‘The Most Significant Unresolved Legal Issue in Trademark Licensing’ in Mission Product Holdings Inc. v. Tempnology, LLC

On February 20, the Supreme Court will hear oral argument in Mission Product Holdings Inc. v. Tempnology, LLC on appeal from the Court of Appeals for the First …

The Federal Circuit is Shirking Its Constitutional Duty to Provide Certainty for Critical Innovation

Here we go again! Another patent whose claims have been invalidated at the Federal Circuit—predictably, another medical diagnostic patent. Athena Diagnostics v. Mayo Collaborative (Fed. Cir. …
By Gene Quinn
1 month ago 26

The ‘Iancu Effect’ Won’t Matter if Not Supported by the Courts or Congress

The Global Innovation Policy Center (GIPC) of the U.S. Chamber of Commerce issued its annual International IP Index ranking the intellectual property environments in 50 of the …
By Gene Quinn
1 month ago 4

As the Climate for U.S. Patents Turns Brighter, Now is the Right Time to Invest in These Assets

The cost of obtaining a U.S. patent has not significantly changed for the past 10 years. This remarkable stability is confirmed by the AIPLA Economic Survey, our …
By Philippe Signore
1 month ago 4

Why Helsinn v. Teva Creates Inscrutable Uncertainty About the Scope of Prior Art Instead of Confirming Longstanding Law

To the casual observer, the Supreme Court’s January 23 decision in Helsinn v. Teva may seem like no big deal. In just a few pages of text, …
By Hans Sauer
1 month ago 16

IP Due Diligence in the Life Sciences: Key Considerations for 2019

The success of a life science product, and thereby the company, rests heavily upon a combination of patent protection, regulatory exclusivity and product life cycle management. A …

IBM Calls for an End to the ‘Legal Fiction’ of Current 101 Law

This marks the final installment in my four-part interview with IBM’s Vice President and Assistant General Counsel Mark Ringes and Chief Patent Counsel Manny Schecter. I …
By Gene Quinn
2 months ago 13

Google Tries Again at Supreme Court in Copyright Fight With Oracle

Following a Federal Circuit ruling last March in which Google lost the latest in a nine-year battle with Oracle over Google’s unauthorized use of nine lines …
By Eileen McDermott
2 months ago 0

Other Barks & Bites: IP News to Watch, January 25, 2019

Today marks the return of our Other Barks & Bites feature, which will profile a collection of news headlines from around the IP world and across practice areas …
By IPWatchdog
2 months ago 0