Posts in US Supreme Court


Booking.com Oral Arguments: Will Justices’ Skepticism of USPTO Arguments Trump Monopoly Concerns?

The U.S. Supreme Court heard oral arguments in United States Patent and Trademark Office, et al., v. Booking.com B.V., (Case No. 19-46) yesterday, in …
By Rebecca Tapscott
2 months ago 0

The Long Reach of the Mathematics Patentability Exception is Overbroad and Absurd – Part II

In Part I of this series we examined the mathematics exception to patentability and the historical underpinnings of its justification. In Part II, we will continue to …
By Jose Nunez
2 months ago 16

Copyright Lawyers on SCOTUS Decision in Georgia v. Public.Resource.Org: Expected, But Possibly Problematic

On Monday, the U.S. Supreme Court ruled in Georgia et al. v. Public.Resource.Org., Inc. that a state code revision commission cannot claim copyright protection …
By Eileen McDermott
2 months ago 6

Supreme Court Says State Code Revision Commissions Are Not Authors for Copyright Purposes

Yesterday, the U.S. Supreme Court affirmed the U.S. Court of Appeals for the Eleventh Circuit’s decision that a state code revision commission cannot claim …
By Alexis Campbell
2 months ago 0

Flaws in the Supreme Court’s §101 Precedent and Available Ways to Correct Them

Amid the crush of patent-eligibility case law, see 35 U.S.C. §101, patent lawyers and even courts can lose sight of the key principles and precedents that serve …

Trademark Bar Cheers for ‘Good News in a Gloomy Time’ with High Court’s Romag Fasteners Holding

In his second foray into intellectual property law this week, Supreme Court Justice Neil Gorsuch delivered the opinion for a unanimous Court today in Romag Fasteners v. …
By Eileen McDermott
3 months ago 0

Supreme Court’s Unanimous Decision in Romag Fasteners Resolves Split on Trademark Infringers’ Profits, But Raises Questions

Circuits have long split over whether willfulness is required before a trademark infringer’s profits may be awarded. Section 1117(a) of the Lanham Act allows an award …
By Ben Wagner
3 months ago 0

Justice Gorsuch Champions Patent Rights in Recent Dissent

In an energetic dissent in Thryv, Inc. v. Click-to-Call Tech., LP, 590 U.S. __ (Apr. 20, 2020), U.S. Supreme Court Justice Neil Gorsuch provides a compelling defense of patent …
By Brent Babcock & Chris Mammen
3 months ago 10

The Thryv Ruling Says the PTAB is Supreme—So Now Let’s Make it Fair

Yesterday, the United States Supreme Court ruled that the Director of the United States Patent and Trademark Office (USPTO), by and through his designees, the Patent Trial …
By Gene Quinn
3 months ago 17

Commenters Weigh in On Implications of High Court Ruling in Thryv v. Click-to-Call

Yesterday’s Supreme Court decision in Thryv, Inc. v. Click-to-Call Technologies was in some ways unsurprising, but has generated buzz among the patent community all the same. …
By IPWatchdog
3 months ago 2

Supreme Court: PTAB Institution Decisions Cannot Be Appealed, Even on the Basis of Time-Bar Challenges

In an opinion authored by Justice Ginsburg, the Supreme Court ruled today that Section 314 (d) of the U.S. Patent Act, which bars judicial review of Patent …
By Eileen McDermott
3 months ago 12

Chrimar Amici to High Court: Fix Fresenius to Restore Faith in the U.S. Patent System

Three amici have weighed in supporting Chrimar Systems, Inc.’s petition for certiorari to the U.S. Supreme Court and urging the High Court to clarify the …
By Eileen McDermott
3 months ago 0

Time to Fix U.S. Innovation Policy to Ensure We’re Prepared for the Next Pandemic

"The COVID-19 crisis has once more highlighted the need for incentivizing investment and innovation—and thus, for patent laws that duly “promote” and protect such “progress,” precisely …
By Gene Quinn
3 months ago 14

Will the Supreme Court Keep Kicking the Can or Stop It by Addressing Arthrex?

On April 6, Arthrex, Inc. filed a petition for certiorari in the U.S. Supreme Court on two discrete patent issues. Notably, one of the issues raised in …
By Bradley Olson
3 months ago 6

Golden v. United States Shows That the Federal Circuit Overstepped Its Bounds in Celgene

Last week, in Golden v. United States, the Federal Circuit again rejected the argument that the cancellation of a patent in an America Invents Act (AIA) post-grant …