Posts Tagged: constitution
Why Huawei is Unlikely to Win Its Case Against the United States
In an expected move, Huawei filed a lawsuit against the United States in the U.S. District Court for the District of Texas on March 6. Huawei Technologies …
No Debate: Article III Standing is a Requisite to Appeal an IPR
On January 11, GKN Automotive LTD. filed a brief in opposition to a petition for writ of certiorari filed by JTEKT Corporation. The question JTEKT seeks to have …
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 …
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 …
Litigating Copyrights: Is Registration required to get into Court?
While registration is required in order to file a lawsuit for copyright in federal court, there is currently a circuit split with regard to what part of …
The Categorical Imperative for Innovation and Patenting
In his Categorical Imperative, Kant simplifies a moral argument position for an individual by asking a question: if you thought that your position or Statement would be …
Graffiti: Copyrightable Art, Illegal Activity, or Both?
While existing graffiti may indeed provide a tempting edge for a new marketing campaign, or as the backdrop for a great commercial, companies will need to decide …
Patents, Copyrights and the Constitution, Perfect Together
James Madison — the fourth President of the United States and the father of the U.S. Constitution — wrote the usefulness of the power granted to Congress in …
IP and Sovereign Immunity: Why You Can’t Always Sue for IP Infringement
The overlap between sovereign immunity and IP issues is not something that comes up all of the time. However, when it does, the impact of the immunity …
Why is PTAB spending precious resources killing good patents?
Patents that have withstood scrutiny in Article III federal courts are not bad patents, they are good patents, and they ought not to be struck down by …
Patent Killing Fields of the PTAB: Erasing Federal District Court Verdicts on Patent Validity
Supporters of the Patent Trial and Appeal Board (PTAB) continue to claim that the facts and figures showing the PTAB is overruling Article III federal district court …
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 …
The Year in Patents: The Top 10 Patent Stories from 2017
It is that time once again when we look back on the previous year in preparation to close the final chapter of 2017 in order move fresh into …
Prohibition of Immoral or Scandalous Trademarks Held Unconstitutional
In re Brunetti, the Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision affirming a refusal to register the mark “FUCT” because it comprised immoral …
Ban on ‘Immoral” and ‘Scandalous’ Trademarks Ruled Unconstitutional
After Tam was decided without expressly finding Section 2(a) unconstitutional in its entirety, the Federal Circuit requested additional briefing on the impact of Tam to Brunetti. The …
