Posts Tagged: justice scalia
Will Vacancy Caused by Passing of Justice Scalia Put US Supreme Court in a Pinch on IP Matters?
Justice Scalia never hid the fact that patent law was his “blind spot”. He also admitted to often taking his cues on IP issues from his colleague …
President Obama should nominate Judge Raymond Chen to the Supreme Court
Chen, an Obama appointee, was confirmed only several years ago by a vote of 97-0. Born in 1968 he is 47 years old, meaning he could easily serve on …
What the passing of Justice Antonin Scalia means for SCOTUS patent jurisprudence
While Justice Scalia served on the Supreme Court for nearly three decades, his contributions to the area of intellectual property law were quite limited. Scalia did famously …
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. …
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 …
Musings on Justice Scalia and the Hard, Dull Patent Cases
Just over one week ago Justice Antonin Scalia of the United States Supreme Court was interviewed by Piers Morgan of CNN. See Scalia transcript. During the interview …
Justice Scalia: Hardest Decision “Probably a Patent Case”
One week ago, on July 18, 2012, Justice Antonin Scalia of the United States Supreme Court sat down for an interview with Piers Morgan of CNN. See Scalia interview …
Supreme Court Tackles §101 in Mayo v. Prometheus
This was a very interesting discussion, although I was surprised at how little Bilski was mentioned. Although the hearing did digress on some tangents, the Justices’ questioning …
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 …
Supreme Court Hears Arguments in Costco Copyright Case
The dispute arose because Omega, S.A., sought to prevent the petitioner, Costco Wholesale Corporation, from reselling genuine watches originally sold by Omega to authorized foreign distributors. …
