Posts Tagged: Congress


Happy Birthday, Senator Birch Bayh

Hopefully, you've been fortunate enough—at least once in your life—to work for someone you really admired. That happened to me as a Senate Judiciary Committee …
By Joseph Allen
1 day ago 0

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 …
By Steve Brachmann
3 days ago 0

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 …

In Support of the Right of Dissatisfied Parties to Appeal Adverse IPR Decisions

On January 11th, Askeladden LLC (Askeladden) filed an amicus brief in support of the Supreme Court accepting certiorari from JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (…

American Innovation at Risk: The New Congress Must Clarify Which Inventions Are Eligible for Patents

The U.S. Supreme Court has muddied the waters about patent eligibility in a way that threatens American innovation.  Capitol Hill is beginning to discuss this as …
By Herbert C. Wamsley
1 month ago 47

Congress Initially Rebuffs SCOTUS Dominance of Patent Law, But Not for Long

The chaos created by this forum shopping was exacerbated by differing views of what in these rulings by SCOTUS was holding, and what was simply dicta.  Together …
By Eric Guttag
1 month ago 10

Why is SCOTUS Creating a Federal Common Law of Patents?

What makes SCOTUS’s assertions in patent law jurisprudence that there are these “exceptions” or additional “requirements” particularly annoying to many of us in the patent bar …
By Eric Guttag
1 month ago 81

Capitol Hill Roundup

This week on Capitol Hill, the House of Representatives will host almost every hearing that will relate to technology and innovation, including three hearings originally scheduled for …
By Steve Brachmann
1 month ago 3

Capitol Hill Roundup for the Week of December 3, 2018

This week on Capitol Hill, the Senate appropriations Committee will hold a hearing on efforts leading to advanced nuclear reactor technology while the Senate rules committee will …
By Steve Brachmann
2 months ago 0

Constitutional Separation of Powers & Patents of Invention: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

Despite potentially relevant Supreme Court precedent in Thomas and Granfinanciera, the better view under the weight of Supreme Court precedent with respect to patent validity, absent the …
By N. Scott Pierce
2 months ago 15

China’s Actions on Copyrights Suggest Increasing Support of IP Rights

These headlines are further proof that China, long known as and still considered to be a major international contributor to IP theft and piracy issues, has taken …
By Steve Brachmann
2 months ago 3

Serial and Duplicative Petitions at PTAB by Apple, Other Tech Giants Flout Congressional Intent

The Alliance of U.S. Startups and Inventors for Jobs (USIJ) recently released a report detailing the organization’s research into serial attacks on high quality patents …
By Steve Brachmann
3 months ago 5

Capitol Hill Roundup

This week on Capitol Hill is another light one in terms of hearings focusing on topics related to technology and innovation. Although the House of Representatives is …
By Steve Brachmann
4 months ago 3

Capitol Hill Roundup

This week in Capitol Hill hearings focuses solely on meetings happening at the U.S. Senate. The one hearing scheduled at the U.S. House of Representatives, …
By Steve Brachmann
4 months ago 0

Alice at Age Four: Time to Grow Up

Four years later, the patent landscape demonstrates that Alice has become a train wreck for innovation... Unfortunately, the Federal Circuit failed to rein in this rout of …
By Meredith Addy
4 months ago 53