Posts in US Supreme Court
Romag Fasteners: IPO Departs From Other Amici in Urging SCOTUS to Require Willfulness to Award Trademark Profits
The Intellectual Property Owners Association and four other associations have filed amicus briefs with the Supreme Court in the case of Romag Fasteners v. Fossil, Inc., Fossil …
The Great Escape: Efficient Infringers Increasingly Seek to Abuse Antitrust Law
Last week the United States Court of Appeals for the Federal Circuit issued an important decision that might be easy to overlook. In Intellectual Ventures I LLC …
Trading Technologies Asks Supreme Court to Restore Congress’ Purpose in Creating the Patent Act
Trading Technologies International, Inc. (TT) has filed a petition for certiorari with the U.S. Supreme Court asking it to clarify U.S. patent eligibility law, including …
Ordinary Observer Test Is ‘The Sole Controlling Test for Determining Anticipation of Design Patents’
In Curver Luxembourg SARL v. Home Expressions, Inc. (CAFC, Sept. 12, 2019)—which already has become a rather infamous design patent case—the claims at issue recited an "ornamental …
Analyzing Judge Koh’s Errors in FTC v. Qualcomm: Highlights From Three Amicus Briefs
On August 30, a number of amicus briefs were filed in the FTC v. Qualcomm appeal in the U.S. Court of Appeals for the Ninth Circuit. The …
Chief Judge Paul Michel: Patent Reform Progress is Likely, But We Must Stay Focused On the Big Picture
Last week during IPWatchdog’s Patent Masters Symposium, former Federal Circuit Chief Judge Paul Michel sat down with me to discuss the state of the U.S. …
FTC Commissioner Christine Wilson Tells Patent Masters Attendees FTC v. Qualcomm Decision ‘Scares Me’
Commissioner Christine Wilson of the U.S. Federal Trade Commission (FTC) addressed the IPWatchdog Patent Masters Symposium on Tuesday, September 10, emphasizing three main points in her keynote: …
CAFC Reiterates Sovereign Immunity Is a Shield, Not a Sword
On September 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) held that state sovereignty principles asserted by the Board of Regents of the University …
Examining Confusion Between the Chamberlain and Berkheimer Decisions at the Federal Circuit
If you’re reading this blog, then you likely are an avid follower of the Section 101 saga. The most recent episode in this saga, Chamberlain v. Techtronic …
Preserving Due Process in Approaches to Narrowing Claims in Multi-Patent Lawsuits
Courts construe, administer, and apply the Federal Rules of Civil Procedure so as “to secure the just, speedy and inexpensive determination of every action and proceeding.” Fed. …
Justice Ginsburg Visits the University at Buffalo on My First Day of Law School
A little more than two years ago, I made the decision to go to law school. Many factors went into this decision but suffice it to say …
If You Want to Protect Your Business Method, Reframe It as a Technical Invention
The most effective way to protect an inventive business method is with a patent on a technical invention. Ever since the U.S. Supreme Court’s 2014 Alice …
Alice: Benevolent Despot or Tyrant? Analyzing Five Years of Case Law Since Alice v. CLS Bank: Part I
It’s been five years since the Supreme Court remade the law of patent eligibility in Alice Corp Pty Ltd v. CLS Bank Int’l. As we …
Latest Federal Circuit Ruling on 101 Strikes Down Mallinckrodt Method of Treatment Claims; Newman Dissents
In the most recent exploration of Section 101 by the Federal Circuit, Chief Judge Sharon Prost authored a non-precedential opinion holding the claims of a patent for a …
Have Federal Circuit Judges Summarily Affirmed Your Patent Appeal Without Explaining Why? Tell SCOTUS
SPIP Litigation Group, LLC v. Apple, Inc. and Cisco Systems, Inc., No. 19-253., concerns four patents that have been the subject of decisions by the Patent Trial …
