Posts Tagged: justice breyer
Congress is Trying to Fix 101: To Do So, They Must Overrule Mayo
The state of patent eligibility in America is shocking. Between the passage of the 1952 Patent Act and 2012, when the U.S. Supreme Court decided Mayo Collaborative Services …
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 …
Broad Application of WesternGeco Leads to Increased Patent Damages in Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc.
Last week, Chief Judge Stark issued a ruling from the District Court in Delaware that applies WesternGeco broadly to increase patent damages from foreign sales resulting from …
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 …
Equitable Estoppel After the Loss of Laches from SCA v. First Quality
Equitable estoppel may be appropriate for the defendant in SCA v. First Quality since the plaintiff was silent for years after the defendant asserted invalidity (possibly fulfilling …
SCOTUS says OK to give notice of commercial marketing before FDA license under Biologics Price Competition and Innovation Act
42 U.S.C. § 262(l) of the Biologics Price Competition and Innovation Act of 2009 (BPCIA) regulates “biosimilars,” biological products that are highly similar to FDA-approved biological products. Section 262(…
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 …
Authors living off welfare and writing for free is not a coherent copyright plan
Authors who are making a wage that is at or below the poverty line create a burdensome charge for readers? Well when you put it that way …
Is the Supreme Court breathtakingly dishonest or just completely clueless?
In Star Athletica Breyer laments that the majority is ignoring the statute, refers to copyrights as a monopoly, and explains that copyrights are a tax on consumers... …
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. …
Can the Supreme Court’s erosion of patent rights be reversed?
The resulting decisions reveal the Supreme Court’s holistic outlook as a generalist court concerned with broad legal consistency rather than fidelity to patent law’s underlying …
Patent Reform: An Analyst’s Perspective of the AIA
Perhaps the most challenging to accept is the notion that a tribunal created with a specific purpose of invalidation can be impartial to both the petitioners and …
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 …
Industry Reaction: Supreme Court upholds Federal Circuit in Cuozzo
“This is obviously a victory for some who challenge a patent’s validity in IPR proceedings since broadly construed claims are more vulnerable to attack than narrowly …
