Posts in US Supreme Court


VirnetX Urges SCOTUS to End Apple Gamesmanship in Decade-Long Patent Battle

VirnetX on Wednesday filed its brief in opposition to Apple’s petition for certiorari to the Supreme Court, which asks the High Court to review the Federal …
By Eileen McDermott
19 hours ago 7

Protecting Creative Works After Fourth Estate v. Wall-Street.com

In a landmark ruling, the Supreme Court finally unequivocally answered the question about whether copyright owners need to receive a Registration Certificate from the Copyright Office before …

Trademark Litigation Review—What Happened in 2019 and What to Watch This Year

Two things are true about the world of trademarks—it is rarely boring, and something is always on the horizon. The following are some of the significant …
By Nicholas Hawkins
2 days ago 0

Reflections on Denial of Cert in Athena Diagnostics

I was at the JP Morgan Healthcare Conference when I learned a week ago that the Supreme Court of the United States (SCOTUS) had denied Athena Diagnostic’…
By Sherry Knowles
4 days ago 24

Google v. Oracle: An Expansive Fair Use Defense Deters Investment In Original Content

Google v. Oracle America, a case pending before the United States Supreme Court, is a seemingly never-ending battle, since 2010, between two Silicon Valley behemoths. But now that …

Supreme Court Poised to Reverse CAFC Trademark Decision on Willfulness as Prerequisite for Profits Award

On Tuesday, the Supreme Court heard oral arguments in Romag Fasteners v. Fossil, Inc., Fossil Stores, I. Inc., Macy’s Inc, and Macy’s Retail Holdings, Inc. …
By Michael Greenberg
9 days ago 0

Lucky Brand Oral Arguments: SCOTUS Likely to Reverse Second Circuit Claim Preclusion Rule

On the morning of Monday, January 13, the U.S. Supreme Court heard oral arguments in Lucky Brand Dungarees Inc. v. Marcel Fashion Group Inc. The case asks …
By Steve Brachmann
10 days ago 0

The Supreme Court is More Interested in Being Right Than Shedding Light on 101

Yesterday was a dark day for patent eligibility in America. The United States Supreme Court denied certiorari in five more petitions relating to patent eligibility challenges. Based …
By Gene Quinn
11 days ago 61

Views from the Top: IP Leaders Sound Off on Supreme Court’s Refusal to Wade into Patent Eligibility Debate

To the surprise and sorrow of some, but the relief of others, the Supreme Court earlier today denied certiorari in some key cases on patent eligibility law, …
By IPWatchdog
11 days ago 35

It’s Official: SCOTUS Will Not Unravel Section 101 Web

The Supreme Court this morning released its orders list, in which it denied all pending petitions for certiorari on cases concerning patent eligibility. The Court has now …
By Eileen McDermott
12 days ago 19

Changing the Presumption: Shifting U.S. Patent Policy From a ‘Bad Actor’ to ‘Rational Actor’ Model (Part II of II)

In Part I of this article, we discussed the underpinnings of U.S. patent policy today: the fundamental assumption that our patent problems stem from a bad …
By Gau Bodepudi
16 days ago 30

TQ Delta Reminds Me: May We Dispense with the Puzzle Simile?

In KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), the United States Supreme Court discussed legal principles of obviousness in the patent context. Justice Anthony Kennedy wrote …
By Daniel Hanson
18 days ago 15

A Plea for Clarity and a New Approach on Section 101 in 2020

The lack of clarity by the U.S. Supreme Court in its landmark patent case of Alice Corp. v. CLS Bank International, 573 U.S. 208; 134 S. Ct. 2347 (2014) and …
By Emil Malak
21 days ago 20

The Top 10 Patent Stories of the Decade 2010 – 2019: Part II

As we explained in Part I of this series yesterday, this December marks the end of a decade as well as 2019. In reflecting on the top 10 patent …
By Gene Quinn
1 month ago 5

Four Issues Highlighted in the Supreme Court Oral Argument on Copyrightability of Statutory Annotations

On December 2, the U.S. Supreme Court heard oral argument in the matter of Georgia v. Public.Resource.Org, Inc. The issue on appeal was on whether …
By Mitchell Stein
1 month ago 0