Posts in US Supreme Court
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., …
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. …
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 …
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 …
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 …
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. …
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 …
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 …
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 …
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 …
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 …
American Axle is the Supreme Court’s Chance to Give Patent Eligibility a Tune-Up
As I write this, the United States Supreme Court is deciding whether to grant certiorari in the American Axle case, setting the stage for another sea change …
CAFC Remands Walker Process Antitrust Issue to Fifth Circuit under Xitronex I Precedent
On June 10, the U.S. Court of Appeals for the Federal Circuit (CAFC) transferred Ronald Chandler et. al. v. Phoenix Services, LLC to the United States Court …
Piercing Halo’s Haze at Year Five: Smoke Clearing on Enhanced Damages
On June 13, 2016, the Supreme Court decided Halo Elecs., Inc. v. Pulse Elecs., Inc., addressing standards for recovery of enhanced damages for patent infringement pursuant to Section 284 of …
