Posts in Courts
Why eBay v. MercExchange Should, But Won’t, Be Overruled
As anyone who follows the United States Supreme Court knows, the Court has historically been extremely fond of taking important cases with cutting edge issues, only to …
Oracle Files Opening Brief at U.S. Supreme Court in Copyright Fight with Google
In the latest stage of the Supreme Court battle between Oracle America, Inc. (Oracle) and Google, Oracle filed its opening brief with the Court on February 12. Google’…
Innovators Brace for Ninth Circuit Oral Arguments in FTC v. Qualcomm
The U.S. Court of Appeals for the Ninth Circuit is set to hear oral arguments tomorrow in the closely-watched case of FTC v. Qualcomm, which will …
Federal Circuit Finds District Court Abused Its Discretion in Admitting Lay Testimony
On February 5, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in HVLPO2, LLC v. Oxygen Frog, LLC in which the appellate …
DOJ Brief to CAFC Slamming Apple Highlights PTAB Code of Conduct Problem
Andrei Iancu, the Director of the United States Patent and Trademark Office (USPTO), has a real mess on his hands. This particular mess relates to the Patent …
Obtaining Injunctions Under eBay Versus at the International Trade Commission
Prior to the Supreme Court’s decision in eBay v. MercExchange, 547 US 388 (2006), it was fairly routine for a victorious patent owner who prevailed on a finding of …
Federal Circuit Affirms PTAB Obviousness Finding, But Warns Samsung Board’s Authority to Cancel Claims Has Limits
The Federal Circuit in a precedential decision issued earlier today affirmed the Patent Trial and Appeal Board’s finding that Claim 11 of Prisua Engineering Corp.’s U.…
CAFC Rules PTAB Did Not Err in Finding Philips Patent Obvious in Light of General Knowledge of POSITA
On January 30, the Court of Appeals for the Federal Circuit (CAFC) affirmed the Patent Trial and Appeals Board’s (PTAB) decision rendering claims 1-11 of U.S. …
On Claim Construction, Predictability, and Patent Law Consistency: The Federal Circuit Needs to Vote En Banc
The Federal Circuit needs to go en banc more often. That is the unmistakable lesson not just in light of the Supreme Court’s recent denials of …
PTAB Refuses to Apply SAS Institute on Remand as Ordered by Federal Circuit, Federal Circuit Denies Rehearing
The Federal Circuit recently denied a petition by BioDelivery Sciences International, Inc. (BioDelivery) for a rehearing en banc following a refusal by the Patent Trial and Appeal …
Time to Wake Up: Stakeholders Must Compromise to Save the U.S. Patent System
Things are bad for many innovators and there is little hope for improvement on the foreseeable horizon. Despite the best efforts of Senator Thom Tillis (R-NC) and …
EU Trademark Owners Relieved by CJEU Judgment in SkyKick Case
The Court of Justice of the European Union has provided reassurance to European trademark owners in its judgment today in the SkyKick case. (Case C?371/18 Sky plc, …
Supreme Court Denies Trading Technologies, ChargePoint Petitions
The U.S. Supreme Court today denied two petitions for certiorari filed by Trading Technologies and one by ChargePoint, Inc. asking the Court to review their cases …
In Search of a Jury Trial: One Inventor’s Experience at the PTAB and Federal Circuit
Outlined below is the story of how the America Invents Act (AIA) of 2011 made a novel 2002 invention obvious in 2018. I’m the first named inventor of the 7058524 …
Review of Key 2019 Trade Secret Decisions and Trends (Part II)
Part I of this series covered (1) Food Marketing Institute v. Argus Leader Media, 139 S.Ct. 2356 (2020) in which the Supreme Court held that commercial or financial information that …
