Posts in US Supreme Court


SCOTUS to decide if lost profits can be awarded for infringement committed on high seas

The Supreme Court will hear WesternGeco LLC v. ION Geophysical Corp., which asks whether the Federal Circuit erred in holding that lost profits arising from prohibited combinations …
By Steve Brachmann
18 days ago 0

Six Predictions for the 2018 Patent Environment

For patent practitioners, this year packed in a lot of activity: Fractured Federal Circuit en banc decisions resolving who bears the burden of proof on motions to …

Patent-Ineligibility of Medical Diagnostics, Life Sciences Discoveries Arrests U.S. Progress

In a research project funded by the Austrian Science Fund (FWF), evidence emerged that a higher expression of the GIRK1 protein in malignant tissue samples was linked …
By Steve Brachmann
1 month ago 3

What is on the Horizon for Patent Owners in 2018?

One of the questions that gets asked this time of year, when the world is busy flipping the calendar from one year to the next, is “What …
By Steve Brachmann
1 month ago 8

Open Letter Exaggerates the Benefits of Recent Patent Reforms

HTIA’s letter argues that venture capital funding and startup activity have grown in recent years, further proof of their view that the federal government has properly …
By Steve Brachmann
2 months ago 3

Looking Forward: Predictions and Thoughts about 2018

First, I predict that the United States Supreme Court will find post grant procedures under the America Invents Act to be unconstitutional. It is my belief they …
By Gene Quinn
2 months ago 37

Conservative Thinking on the Critical Issues in Oil States

The Oil States v. Greene’s Energy Group case heard by the U.S. Supreme Court Nov. 27, 2017, has generated much ink, analysis and opinion. Rightly so, given …
By James Edwards
2 months ago 2

Industry Insiders Make Patent Wishes for 2018

For my wishes, I’ll make four. First, as I did last year, I again continue to wish for patent eligibility reform in Congress that would overrule …
By Gene Quinn
2 months ago 5

Will the Supreme Court continue to be influenced by patent reform?

Invariably, the Supreme Court takes a provision or two from pending legislation and makes it law. Will they do the same now that pro-patent reform is actually …
By Paul Morinville & Gene Quinn
2 months ago 31

What Mattered in 2017: Industry Insiders Reflect Biggest Moments in IP

Unlike previous years where we had near unanimity on the biggest moments, this year we see wide variety of thought, from SCOTUS to Capitol Hill to the …
By Gene Quinn
2 months ago 26

The Unimagined Consequences of Star Athletica’s ‘Imaginative Separability’ Test

Like other opinions in the IP arena, the Supreme Court’s decision in Star Athletica v. Varsity Brands has created a new legal rule with limited practical …
By Doris Estelle Long
2 months ago 1

Manufacturing Firms and Organizations File Briefs in Oil States

Doubtless there are some manufacturing firms, such as Telebrands, who are great endorsers of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) …
By Steve Brachmann
2 months ago 10

RPost Does Not Meet Any Definition of ‘Patent Troll’

RPost has been unfairly described as a patent troll. In fact, RPost is a privately held cybersecurity technology company that has been in operation since 2000. For at …
By Bob Zeidman
3 months ago 8

The Patent Bargain and the Fiction of Administrative ‘Error Correction’ in Inter Partes Reviews

In justifying the constitutionality of the inter partes review (“IPR”) statute enacted by the America Invents Act (“AIA”), a common refrain persistently asserted is that patent rights …
By Ron Katznelson, Ph.D.
3 months ago 23

Predicting SAS Institute v. Matal after SCOTUS Oral Arguments

My thoughts continue to be that the statute is very simple and mandates the PTAB to issue a final written decision on all claims challenged. This seemed …
By Gene Quinn
3 months ago 0