Posts Tagged: justice thomas


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 …
By Eric Guttag
7 years ago 4

Finding a Nut: Supremes Get a Patent Case Right!

Maybe it is the result of the case being of such little importance to the patent system as a whole, or maybe it is just evidence that …
By Gene Quinn
8 years ago 3

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 …
By Gene Quinn
9 years ago 30

Motorola Sues Apple for Patent Infringement With Sparse Complaint

On Wednesday, October 6, 2010, Motorola, Inc. announced that its subsidiary, Motorola Mobility, Inc., filed a complaint with the U.S. International Trade Commission (ITC) alleging that Apple’s …
By Gene Quinn
9 years ago 4

Section 273 is NOT a Red Herring: Stevens’ Disingenuous Concurrence in Bilski

Where this decision takes on a surreal quality is how the various Justices viewed the impact of 35 U.S.C. § 273 in determining whether “business methods” are patent-eligible. …
By Eric Guttag
10 years ago 36

Dissecting Bilski: The Meaning of the Supreme Patent Decision

Who knows what goes through the minds of anyone, let alone a cloistered Justice of the United States Supreme Court. What we do know, however, is that 5 …
By Gene Quinn
10 years ago 26