Posts Tagged: justice breyer


Supreme Court decides Cuozzo Speed Technologies: BRI proper, IPR institution not appealable

In a unanimous decision delivered by Justice Breyer in Cuozzo Speed Technologies, LLC v. Lee, the United States Supreme Court upheld the United States Patent Office’s …
By Audrey Ogurchak
4 years ago 11

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 …
By Paul Berghoff
4 years ago 6

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 …
By Gene Quinn
4 years ago 29

Arbitrary and Capricious: Exploring Judge Lourie’s flip-flop in Ultramercial

It would be extremely unsettling if the Supreme Court has weakened Judge Lourie's resolve to independently and properly interpret the Patent Act. If there is another explanation …
By Gene Quinn
5 years ago 5

Supremes end Federal Circuit love affair with de novo review

The United States Court of Appeals for the Federal Circuit has had a very long love affair with de novo review, a standard whereby the reviewing appellate …
By Gene Quinn
5 years ago 8

Missed Opportunities for Alice, Software at the Supreme Court

It seems undeniable that Alice missed many opportunities to score easy points. Indirect arguments were made by Alice that didn't seem very persuasive. Indeed, if one is …
By Gene Quinn
6 years ago 19

The Supreme Court’s Actavis Decision, Or Why Pay-for-Delay Litigation Just Got More Active

In this case, the Supreme Court considered an arrangement by which brand firm Solvay paid generics Watson (now Actavis) and Paddock roughly $30 to $40 million to delay entering …
By Michael Carrier
7 years ago 1

Supremes Say Reverse Payments May Be Antitrust Violation

On Monday, June 17, 2013, the United States Supreme Court issued its much-anticipated decision on so-called “reverse payments.” This decision will impact how brand name drug companies and generics …
By Gene Quinn
7 years ago 3

Supreme Court Hears Myriad Gene Patent Challenge

If cDNA is patent eligible subject matter, as it seems likely based on the tone of the oral argument, that should be very good news for Myriad. …
By Gene Quinn
7 years ago 25

Argument Summary: Supreme Court Hears Bowman v. Monsanto

While one can never know for certain how the Supreme Court will rule, even a casual observer has to conclude that the Supreme Court seems poised rule …
By Gene Quinn
7 years ago 15

A Guide to Limiting the Damage Done by the Supremes in Mayo

Now the Patent Office and the courts have the unenviable task of trying to figure out what the Supreme Court really meant in Mayo v. Prometheus. If …
By Gene Quinn
8 years ago 37

The Prometheus Decision: No Worries, No Problem

Unlike many in the biotech community I do not think the Prometheus decision will break the biotech industry or even seriously affect it. Much like the car …
By Mary Beth Tung
8 years ago 16

A Matter of Patent Law Despotism: The Nonsensical Reasoning in the Supreme Court’s Mayo Collaborative Services Decision Part 2*

Those supporting the reasoning in Breyer’s opinion repeatedly “crow” that Mayo Collaborative Services was a 9-0 decision. But the fact that 9 technologically-challenged Justices reached a unanimous …
By Eric Guttag
8 years ago 58

Eviscerating Patent-Eligibility of Drug Testing Methods: The Nonsensical Reasoning in the SCOTUS Prometheus Decision*

Well, Justice Breyer, the writer of the dissenting opinion in Laboratory Corp. v. Metabolite Laboratories, Inc., finally got his wish. Writing the opinion for a unanimous Supreme …
By Eric Guttag
8 years ago 34

Killing Industry: The Supreme Court Blows Mayo v. Prometheus

The sky is falling! Those who feel the Supreme Court's decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. is terrible are right, although many won't likely …
By Gene Quinn
8 years ago 144