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 …
By
Charles R. Macedo
& David Goldberg
& Chandler Sturm
& Peter Thurlow
& Frank DeLucia
& Robert J. Rando
& Robert Isackson
2 years ago 2
2 years ago 2
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
