Posts Tagged: justice kennedy
Brett Kavanaugh: A history of Skepticism toward the growth of the Administrative State
As was the case with Justice Neil Gorsuch, Kavanaugh has a history of being skeptical toward the growth of the Administrative State, which means the growth of …
Disparaging, Immoral, and Scandalous Trademarks Since Matal v. Tam
A little more than one year ago, the U.S. Supreme Court struck down the Lanham Act’s disparagement clause as unconstitutional in Matal v. Tam, 137 S. …
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 …
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 …
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 …
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 …
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 …
A Software Patent History: SCOTUS Decides Bilski
The Supreme Court held that the machine-or-transformation test is not the sole test for patent eligibility under §101, and that the Federal Circuit erred when it ruled that …
SCOTUS: FDA Regulations No Bar to Lanham Act Claims
The Supreme Court reversed a decision from the Ninth Circuit that held that within the realm of labeling for food and beverages, a Lanham Act claim asserting …
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 …
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 …
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 …
Business Method Patents and the Equitable Standard for Granting Permanent Injunctions: The eBay Case*
The concurring opinion of Justice Kennedy is even more unfortunate. Like Chief Justice Roberts, while agreeing with Justice Thomas’ holding that the traditional “four-factor” test applied to …
