Posts Tagged: justice kagan
After Brunetti: The Trademark Bar Reacts to Fractured Decision
The Supreme Court issued its decision yesterday in Iancu v. Brunetti. As largely expected, the Court followed its own lead in Matal v. Tam and struck down …
Why Helsinn v. Teva Creates Inscrutable Uncertainty About the Scope of Prior Art Instead of Confirming Longstanding Law
To the casual observer, the Supreme Court’s January 23 decision in Helsinn v. Teva may seem like no big deal. In just a few pages of text, …
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 …
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 hears Oral Arguments in TC Heartland v. Kraft Foods
Justices Kagan and Ginsburg seemed skeptical. Indeed, Congress has already passed a general venue statute that defined residency “for all venue places – all venue purposes,” as Justice …
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 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 …
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 …
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. …
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 …
Supreme Court Hears Oral Argument in Mayo v. Prometheus
All in all it seemed to me that the majority of the court seemed more skeptical about the Mayo position and more supportive of the Prometheus position. …
Supreme Court Affirms CAFC in Stanford v. Roche on Bayh-Dole
At issue in the case, essentially, was whether the extraordinarily successful Bayh-Dole legislation (enacted in 1980) automatically vested ownership of patent rights in Universities when the underlying research …
Microsoft i4i Oral Arguments Complete at Supreme Court
Hungar would go on to say that the clear and convincing standard "makes no sense," which nearly immediately drew the first comment from the bench with Justice …
