Posts in Courts
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 …
Mandamus Relief Denied: Federal Circuit Avoids Clarifying TC Heartland in In re Google LLC
The Federal Circuit recently elected not to decide en banc “whether servers are a regular and established place of business, such that venue is proper under 35 U.…
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 …
The Newest Patent ‘Rocket-Docket’: Waco, Texas
Marshall, Texas has been, and will likely continue to be, one of the major patent litigation cities in the United States. But, Waco, Texas is quickly becoming …
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 …
Federal Circuit Affirms Athena’s Diagnostic Method Claims Are Patent Ineligible as Directed to a Law of Nature
The Federal Circuit recently issued an opinion affirming the decision of the United States District Court for the District of Massachusetts, which held that Athena’s medical …
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 …
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 …
New Hampshire Supreme Court to Hear Appeal in ‘Patent Troll’ Defamation Case
On the morning of February 14, the New Hampshire Supreme Court will hear what could be one of this year’s most important set of arguments related to …
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. …
Federal Circuit Holds Parties Joined to an IPR have Right to Appeal PTAB Decision—Even if Original Petitioner Lacks Article III Standing
The Federal Circuit on February 1 affirmed the Patent Trial and Appeal Board’s final written decision in an inter partes review concluding that the claims of a …
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 …
Other Barks & Bites for Friday, February 8
This week in Other Barks & Bites: the Federal Circuit affirms a Section 101 invalidation of patent claims in favor of Mayo Collaborative Services; Apple wins an order to …
