Posts Tagged: Justice Alito
The View from the Court’s 2 Live Crew: Examining the Thomas/Alito Dissent in Google v. Oracle
Most commentators agree that Google v. Oracle is the most important copyright decision of the last 25 years (since Campbell v. Acuff-Rose Music). But what if the Court …
Sounds Fishy: Can Broadening Language Actually Be Limiting?
In a previous essay, I discussed a U.S. Supreme Court case that had nothing to do with patent law, but that patent practitioners may wish to …
Supreme Court Hears Helsinn v. Teva: Does On-Sale Bar Capture Secret Sales
On the morning of Tuesday, December 4th, the U.S. Supreme Court held oral arguments in the case of Helsinn Healthcare S.A. v. Teva Pharmaceutical USA (…
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 …
Supreme Court Rocks the Trademark Office in ‘Slants’ Case
After a streak of six patent decisions uniformly overruling the Federal Circuit, and for the first time all term, the Supreme Court finally handed the Federal Circuit …
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 …
Supreme Court Eliminates Key Defense in Many Patent Infringement Suits
In a strong reversal of the Federal Circuit, the US Supreme Court held in SCA Hygiene Products Aktiebolag v First Quality Baby Products, LLC, No. 15-927 (March 21, 2017), …
Supreme Court says laches is no defense to patent infringement
The fact that laches cannot be used as a defense to a patent infringement action brought during the statute of limitations is most definitely a pro-patent decision. …
Supreme Court Decides SCA Hygiene Products v. First Quality Baby Products
On Tuesday, March 21st, the U.S. Supreme Court issued a decision in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, a case which looked …
Discretion Beats Out Bright Line Test for Enhanced Patent Damages: Halo v. Pulse
In last week’s Halo Elecs. v. Pulse Elecs. decision, the Supreme Court unanimously rejected the Federal Circuit’s Seagate standard for awarding enhanced damages in patent …
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 …
Supreme Court applies stare decisis in patent case
Simply stated, any patent decision from the Supreme Court that cites stare decisis lacks all intellectual credibility given how arbitrarily and capriciously they have ignored their patent …
Confusion Preclusion: SCOTUS Says TTAB Has Preclusive Effect
There was a split in the circuit courts as to what effect a TTAB decision will have, and this depends heavily upon where the litigation is happening. …
Limelight Networks: A Comedy of Errors by SCOTUS*
In a decision barely reaching 11 pages, a unanimous Supreme Court in Limelight Networks, Inc. v. Akamai Technologies reversed and remanded the Federal Circuit’s per curiam majority …
