Posts in US Supreme Court
Supreme Court Will Review Doctrine of Assignor Estoppel
On Friday, the U.S. Supreme Court granted a petition for certiorari filed by Minerva Surgical, Inc. asking the Court to clarify questions around the doctrine of …
Inventors Have Their Say on PTAB at SCOTUS in Arthrex Amicus Briefs
Eleven amicus briefs were docketed during the last two business days of 2020 in United States v. Arthrex, Inc., et al., which is scheduled for oral argument on …
The Patent System is ‘Desperate’: American Axle Implores High Court to Take Up Eligibility Fight
American Axle & Manufacturing, Inc. filed a petition for certiorari with the U.S. Supreme Court on December 28, 2020, asking it to review the Federal Circuit’s July 31, 2020 modified …
Looking Back at the Highest Impact Trademark Cases of 2020
This year saw its fair share of high profile trademark cases: the Second Circuit vacated Tiffany & Co.’s $25 million summary judgment win against Costco Wholesale Corp. in …
Are There Really Any ‘Statutory Limits’ to Institution of Post-Grant Examination following SIPCO v. Emerson Electric Co.?
On November 17, 2020, in SIPCO LLP v. Emerson Electric Co., No. 2018-1635, slip op. (Fed. Cir. Nov. 17, 2020), the Court of Appeals for the Federal Circuit extended the reasoning …
Amicus eComp Consultants Urges Supreme Court to Deem PTAB APJs ‘Inferior’ Officers in Arthrex
On December 2, eComp Consultants (eComp) filed an amicus brief urging the U.S. Supreme Court to find Administrative Patent Judges (APJs) of the Patent Trial and Appeal …
Response Filed to SCOTUS Petition on Question of Whether Reserve Banks Are ‘Persons’ Eligible to Request PTAB Review
On November 25, the Federal Reserve Bank of Atlanta (Bank of Atlanta) filed a brief in opposition in response to a petition for a writ of certiorari filed …
Supreme Court Ponders Proper Application of the Computer Fraud and Abuse Act
In Van Buren v. United States, argued December 1, the Supreme Court has a chance to address how the Computer Fraud and Abuse Act applies when a defendant …
Federal Circuit Considers CBM Review Under Thryv on Remand from SCOTUS
On November 17 the Federal Circuit affirmed a determination of the PTAB that claims were obvious in view of the prior art in an appeal that was returned …
Copyright for Choreography: When is Copying a Dance a Copyright Violation?
Recent news reports about choreographer JaQuel Knight’s efforts to copyright some of his iconic dance routines, such as Beyoncé’s “Single Ladies,” are a reminder that …
Supreme Court Denies Patent Petitions on Arthrex, Eligibility
On November 16, the U.S. Supreme Court denied petitions for certiorari in two cases from the Federal Circuit: IYM Technologies LLC v. RPX Corporation and Advanced Micro …
What SCOTUS’ Decision to Scrutinize Social Security Act Appointments Clause Case Means for Arthrex
Last week, an order list issued by the U.S. Supreme Court indicated that the nation’s highest court had granted a pair of petitions for writ …
Skidmore Seeks a Second Chance at SCOTUS in Led Zeppelin Copyright Case
On October 30, Michael Skidmore, Trustee for the Randy Craig Wolfe Trust, filed a petition for rehearing of the denial of its August 6 petition for writ of certiorari …
The Troll Narrative Infected the Supreme Court and Justice Kennedy was the Vector
An untold story of the patent "reform" era is how the High Court (as well as the Congress) blithely accepted an exaggerated narrative spun by the PR …
Google v. Oracle: The High Court Holds the Future of IP in Its Hands
In what many regard as the intellectual property case of the century, the United States Supreme Court has—on October 7, 2020—presided over oral arguments in Google v. …
