Posts Tagged: SCOTUS


USPTO Delivers on Senators’ Request for Patent Eligibility Jurisprudence Study

In March of this year, a bipartisan group of senators asked Drew Hirshfeld, who is Performing the functions and duties of the Director of the U.S. …
By Eileen McDermott
15 days ago 11

Do You Really Want to Make PTAB Judges ‘Inferior Officers’? —Think Again!

In a recent Supreme Court decision in Arthrex v. Smith & Nephew, the Court held that the unreviewable authority wielded by Administrative Patent Judges (APJs) at the Patent …

USPTO Provides Guidance on Director Review Process Under Arthrex

This week, the U.S. Patent and Trademark Office announced that it would be implementing an interim rule at the agency in response to the U.S. …

Industry Commenters Say Minerva Ruling is a Win for Employee Mobility

Yesterday, the U.S. Supreme Court ruled 5-4 in Minerva Surgical, Inc. v. Hologic, Inc., Cytyc Surgical Products, LLC that the doctrine of assignor estoppel”—which bars …
By IPWatchdog
23 days ago 2

Minerva v. Hologic: SCOTUS Retains but Limits Assignor Estoppel Doctrine, Criticizing CAFC Approach

The U.S. Supreme Court ruled 5-4 this morning in Minerva Surgical, Inc. v. Hologic, Inc., Cytyc Surgical Products, LLC that the doctrine of assignor estoppel”—which …
By Eileen McDermott
24 days ago 1

Arthrex Aftermath: How the Landmark Supreme Court Decision Drives the PTAB’s Future

A working definition of inertia is the tendency of a body to maintain its state of rest or uniform motion unless acted upon by an external force. …
By Scott McBride & Alex Vogler
1 month ago 18

Supreme Court to NCAA: You are Not Immune from Antitrust Laws

On June 21, the U.S. Supreme Court issued a unanimous ruling in National Collegiate Athletic Association v. Alston (Alston) in which the nation’s highest court affirmed …
By Steve Brachmann
1 month ago 0

Industry Reacts to the Supreme Court’s Arthrex Ruling: Chaos Averted – or Just Delayed?

The Supreme Court issued a split 5-4 decision earlier today, in which a plurality of the Court agreed with the U.S. Court of Appeals for the …
By IPWatchdog
1 month ago 20

In Arthrex Ruling, SCOTUS Says Director Review of Decisions, Not Power to Remove APJs, is What Matters

The Supreme Court has issued its ruling in Arthrex v. Smith & Nephew, taking a different approach to curing the statute than did the U.S. Court of …
By Eileen McDermott
1 month ago 4

iLife Ties Its Patent Eligibility Fate to American Axle at Supreme Court

iLife Technologies last week petitioned the U.S. Supreme Court to hear its appeal of a January 2021 U.S. Court of Appeals for the Federal Circuit decision …
By Eileen McDermott
1 month ago 1

CAFC Remands Walker Process Antitrust Issue to Fifth Circuit under Xitronex I Precedent

On June 10, the U.S. Court of Appeals for the Federal Circuit (CAFC) transferred Ronald Chandler et. al. v. Phoenix Services, LLC to the United States Court …
By Matthew Schutte
1 month ago 0

Piercing Halo’s Haze at Year Five: Smoke Clearing on Enhanced Damages

On June 13, 2016, the Supreme Court decided Halo Elecs., Inc. v. Pulse Elecs., Inc., addressing standards for recovery of enhanced damages for patent infringement pursuant to Section 284 of …
By Michael Cicero
1 month ago 4

SCOTUS Says Former Police Sergeant Did Not Violate CFAA, Snubbing Government’s Reading

The United States Supreme Court today ruled that a former police sergeant did not flout Section (a)(2) of the Computer Fraud and Abuse Act (CFAA) because that …
By Eileen McDermott
2 months ago 7

Supreme Court Grants Cert in Unicolors v. H&M to Consider Whether Section 411 Includes Intent-to-Defraud Requirement

On Tuesday, June 1, the U.S. Supreme Court granted a petition for writ of certiorari filed by fabric designer Unicolors seeking to challenge the U.S. Court …
By Steve Brachmann
2 months ago 1

Federal Trade Commission Urges SCOTUS to Deny AbbVie Petition

On Wednesday, May 19, the response brief of the Federal Trade Commission (FTC) was filed with the U.S. Supreme Court in AbbVie v. FTC. The petition for …
By Steve Brachmann
2 months ago 0