Posts Tagged: amicus briefs


NYIPLA Endorses Patent Office Change to Phillips Claim Construction Standard

The proposed rule would adopt the narrower standard articulated by the Federal Circuit in Phillips v. AWH Corp., where the “words of a claim are generally given …

NYIPLA Files Amicus Brief Advocating for the Supreme Court to Clarify Article III Standing in Appeal from IPR Proceedings

On Friday, July 20, 2018, the New York Intellectual Property Association (“NYIPLA”) filed an amicus brief arguing that the Petition for Writ of Certiorari should be granted in RPX …

Askeladden LLC Submits Another Amicus Brief Advocating Against Tribal Sovereign Immunity for PTAB Proceedings

In this regard, a PTAB proceeding is not a suit in court, but instead an administrative proceeding in which the Patent Office (through the PTAB) takes “a …

Federal Circuit Asked to Reconsider IPR Ruling in Context of Database Search Algorithms

On May 9, 2018, Network-1 Technologies, Inc. filed a combined petition for panel rehearing or rehearing en banc with the United States Court of Appeals for the Federal Circuit, …

Shadow Advocacy: A Look Inside the Amicus Process

Paying due homage to the TV series, The Twilight Zone, you have now entered the strange world of “shadow advocacy,” aka the amicus process. Indeed amicus advocacy …
By Eric Guttag
2 years ago 2

Allegations of ex parte PTAB Communications raise more questions of due process, APA violations

Apple raised concerns of due process implications of ex parte communications and their impact on its trial. Apple’s motion demonstrates that PTAB does not publish ex …
By Steve Brachmann
2 years ago 12

Conservative Thinking on the Critical Issues in Oil States

The Oil States v. Greene’s Energy Group case heard by the U.S. Supreme Court Nov. 27, 2017, has generated much ink, analysis and opinion. Rightly so, given …
By James Edwards
2 years ago 2

Amicus Brief Advocating Against Tribal Sovereign Immunity Filed in PTAB Proceedings

The motion of the St. Regis Mohawk Tribe (“the Tribe”) is based on the misplaced theory that Tribal Sovereign Immunity is applicable to administrative proceedings before the …

Tech’s Ruling Class Files Amici Briefs with U.S. Supreme Court in Oil States Case

October 30th was a very busy day for amici filing briefs with the U.S. Supreme Court on how the highest court in the nation should decide …
By Steve Brachmann
2 years ago 7

Law Professors File Briefs with the Supreme Court in Oil States

A review of amici briefs filed with the U.S. Supreme Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC provides evidence of …
By Steve Brachmann
2 years ago 5

Solicitor General Tells SCOTUS that Patents are Public Rights in Oil States Brief

The government’s brief argues that IPR proceedings at the PTAB are consistent with Article III because, in its view, patents are public rights and not private …
By Steve Brachmann
2 years ago 0

Independent Patent Owners File Briefs with Supreme Court in Oil States

A review of amicus briefs filed with the U.S. Supreme Court in advance of oral arguments in Oil States Energy Services, LLC v. Greene’s Energy …
By Steve Brachmann
2 years ago 0

For A Trial Court Peering Through The Looking Glass, Everything Appears Abstract

Many district courts have interpreted Alice as authorizing invalidation of issued patents as “abstract” based solely on the pleadings. They have done so even where the invalidation …
By Meredith Addy
3 years ago 5

A Patents as Property Rights History Lesson

Several of the briefs address the absurdity currently being advanced, claiming patents are so-called “public rights.” This novel notion — more in line with Karl Marx than John …
By James Edwards
3 years ago 18

Request for Amicus Support at Federal Circuit in Evolutionary Intelligence v. Sprint Nextel Corp.

Since the Supreme Court’s Alice decision, district courts and the Federal Circuit have been ruling on what they perceive as the “abstractness” of patents—not with …
By Meredith Addy
3 years ago 3