Posts in US Supreme Court


Practical Considerations for Patent Assignments After the Supreme Court’s Decision in Minerva Surgical v. Hologic

On June 29, 2021, the Supreme Court issued its long-awaited decision in Minerva Surgical, Inc. v. Hologic, Inc. in which it clarified the proper limits of the centuries-old doctrine …
By Lauren Baker
1 month ago 0

Bobcar SCOTUS Petition Seeks Redress for Constitutional Violations Posed by Federal Circuit’s Abuse of Rule 36

On August 2, New York City-based marketing company Bobcar Media filed a petition for writ of certiorari with the U.S. Supreme Court asking the Court to consider …
By Steve Brachmann
2 months ago 4

Amici Ask SCOTUS to Correct Third Circuit’s ‘Overly Simplistic’ Formulation of Trademark Functionality in Ezaki Glico

On July 29, several IP organizations and one global snack conglomerate filed amicus briefs at the U.S. Supreme Court asking the nation’s highest court to grant …
By Steve Brachmann
2 months ago 0

How J.E.M. and Chakrabarty Make the Case for DABUS

Twenty years ago, the U.S. Supreme Court ruled for the first time that plants could be protected with utility patents. J.E.M. Ag Supply, Inc., …
By Kirk Hartung
2 months ago 8

USPTO Delivers on Senators’ Request for Patent Eligibility Jurisprudence Study

In March of this year, a bipartisan group of senators asked Drew Hirshfeld, who is Performing the functions and duties of the Director of the U.S. …
By Eileen McDermott
3 months ago 11

Do You Really Want to Make PTAB Judges ‘Inferior Officers’? —Think Again!

In a recent Supreme Court decision in Arthrex v. Smith & Nephew, the Court held that the unreviewable authority wielded by Administrative Patent Judges (APJs) at the Patent …
By Ron Katznelson, Ph.D.
3 months ago 32

USPTO Provides Guidance on Director Review Process Under Arthrex

This week, the U.S. Patent and Trademark Office announced that it would be implementing an interim rule at the agency in response to the U.S. …

Industry Commenters Say Minerva Ruling is a Win for Employee Mobility

Yesterday, the U.S. Supreme Court ruled 5-4 in Minerva Surgical, Inc. v. Hologic, Inc., Cytyc Surgical Products, LLC that the doctrine of assignor estoppel”—which bars …
By IPWatchdog
3 months ago 2

Minerva v. Hologic: SCOTUS Retains but Limits Assignor Estoppel Doctrine, Criticizing CAFC Approach

The U.S. Supreme Court ruled 5-4 this morning in Minerva Surgical, Inc. v. Hologic, Inc., Cytyc Surgical Products, LLC that the doctrine of assignor estoppel”—which …
By Eileen McDermott
3 months ago 1

Arthrex Aftermath: How the Landmark Supreme Court Decision Drives the PTAB’s Future

A working definition of inertia is the tendency of a body to maintain its state of rest or uniform motion unless acted upon by an external force. …
By Scott McBride & Alex Vogler
3 months ago 18

Supreme Court to NCAA: You are Not Immune from Antitrust Laws

On June 21, the U.S. Supreme Court issued a unanimous ruling in National Collegiate Athletic Association v. Alston (Alston) in which the nation’s highest court affirmed …
By Steve Brachmann
3 months ago 0

Industry Reacts to the Supreme Court’s Arthrex Ruling: Chaos Averted – or Just Delayed?

The Supreme Court issued a split 5-4 decision earlier today, in which a plurality of the Court agreed with the U.S. Court of Appeals for the …
By IPWatchdog
3 months ago 20

In Arthrex Ruling, SCOTUS Says Director Review of Decisions, Not Power to Remove APJs, is What Matters

The Supreme Court has issued its ruling in Arthrex v. Smith & Nephew, taking a different approach to curing the statute than did the U.S. Court of …
By Eileen McDermott
3 months ago 5

iLife Ties Its Patent Eligibility Fate to American Axle at Supreme Court

iLife Technologies last week petitioned the U.S. Supreme Court to hear its appeal of a January 2021 U.S. Court of Appeals for the Federal Circuit decision …
By Eileen McDermott
3 months ago 1

Yu v. Apple Settles It: The CAFC is Suffering from a Prolonged Version of Alice in Wonderland Syndrome

Alice in Wonderland syndrome is a medical condition for which there is no known treatment. It causes a disturbance of perception and has a serious impact on …
By Gene Quinn
3 months ago 19