Posts Tagged: chief justice roberts
Peter v. NantKwest: Government Counsel Struggles to Make the Case for Recovering Attorneys’ Fees
Justices Breyer, Kavanaugh, Ginsburg and Gorsuch and Chief Justice Roberts were among the most active questioners of Malcolm Stewart, representing the government of the United States, and …
Supreme Court Weighs Meaning of ‘Full Costs’ in Rimini Street v. Oracle USA Oral Arguments
On the morning of January 14th, the U.S. Supreme Court heard oral arguments in Rimini Street v. Oracle USA, a case that asks the nation’s …
Supreme Court Mulls Circuit Split on When a Copyright is Registered in Fourth Estate v. Wall-Street.com
On January 8th, the Supreme Court heard oral arguments in Fourth Estate Public Benefit Corporation v. Wall-Street.com [Case No. 17-571 (Jan. 8, 2019)] to settle a longstanding circuit …
Supreme Court Holds Patent Owners May Recover Lost Profits for Infringement Abroad
In WesternGeco LLC v. ION Geophysical Corp., the U.S. Supreme Court held that patent owners may recover lost foreign profits under §271(f)(2) when the infringing party …
Supreme Court seems split on Oil States constitutionality challenge to IPR proceedings
Justice Gorsuch seems the most likely, based on his questions, to support the petitioner's position that there is a constitutional infirmity surrounding IPR proceedings. Chief Justice Roberts …
Patent Exhaustion at the Supreme Court: Industry Reaction to Impression Products v. Lexmark
Bob Stoll: ''And it is the international exhaustion holding that is particularly troubling. Sales abroad act independently from the US patent system and there is no impact …
Supreme Court rules Lexmark sales exhausted patent rights domestically and internationally
The Supreme Court determined that when a patent owner sells a product the sale exhausted patent rights in the item being sold regardless of any restrictions the …
Supreme Court hears Oral Arguments in TC Heartland v. Kraft Foods
Justices Kagan and Ginsburg seemed skeptical. Indeed, Congress has already passed a general venue statute that defined residency “for all venue places – all venue purposes,” as Justice …
Frankly My Dear I Don’t Give a Tam: The Oddball Consequences of In re Tam
The Supreme Court heard oral argument on the cloudy Wednesday morning of January 18, 2017. Although the Justices posed tough questions and intricate hypotheticals to both sides, the tone …
Politics of Patent Venue Reform: SCOTUS Taking TC Heartland to Delay Push for Venue Reform
The genesis of the patent venue “problem” is simple: Many patent infringement defendants complain about traveling to the Eastern District of Texas. They feel that it is …
Patent Forecast 2017: Will Patent Courts Be Great Again?
While Congress seems to pass some form of patent legislation roughly every 9 to 11 years, the more important changes with regard to business predictability and economic growth tend …
In Halo Electronics SCOTUS gives district courts discretion to award triple damages for willful infringement
Earlier today, in a unanimous decision delivered by Chief Justice John Roberts in Halo Electronics, Inc. v. Pulse Electronics, Inc., the United States Supreme Court did what …
To BRI or Not to BRI, That Is the Question
A good argument can be made that a given panel of PTAB judges will construe claims in the manner that makes most sense to them, regardless of …
Supreme Court hears oral arguments in Cuozzo Speed Technologies v. Lee
Perhaps the best question of the entire oral argument was asked by Chief Justice Roberts: “So why should we be so wedded to the way they do …
2015 Supreme Court Term: Cert Petitions to Watch
Since the start of the Supreme Court’s term in October, the Court has already agreed to hear two patent cases, Halo Electronics, Inc. v. Pulse Electronics, …
