Posts Tagged: SCOTUS


USPTO Urges Supreme Court to Reverse in Now-Delayed Booking.com Case

On March 13, the United States Patent and Trademark Office (USPTO) filed a reply brief urging the Supreme Court on to reverse a judgment of the U.S. …
By IPWatchdog
1 day ago 5

Federal Circuit Will Not Reconsider Arthrex Appointment Clause Ruling

The U.S. Court of Appeals for the Federal Circuit has denied rehearing en banc in Arthrex v. Smith & Nephew, a decision that made the Patent Trial …

Supreme Court Says State of North Carolina is No Copyright Pirate in Blackbeard Ruling

Blackbeard and his band of pirates pillaged and plundered up and down North Carolina’s Outer Banks more than 300 years ago, inspiring stories (both true and fictional) …
By Kristin Lamb
5 days ago 3

Amici Back Booking.com in Supreme Court Case Against USPTO

As argument nears in the Supreme Court battle between Booking.com and the United States Patent and Trademark Office (USPTO), 12 parties have now filed amicus briefs in …
By Nancy Braman
1 month ago 21

Supreme Court Kills Apple’s Attempt to Dodge $440 Million Judgment for VirnetX

The Supreme Court today denied certiorari in Apple, Inc. v. VirnetX, Inc. et. al., a development that VirnetX said in a press release spells “triumph” for the …
By Eileen McDermott
1 month ago 24

Here’s Why the Pro-IP Crowd Is Right About Intellectual Property

On February 13, 2020, The Niskanen Center, a center-left think tank, published a piece condemning pro-intellectual property voices for what they consider flawed views on intellectual property. In the …
By Paul Morinville
1 month ago 24

Lessons of Wisdom Following Athena SCOTUS Denial and October 2019 Patent Eligibility Guidance Update

This article relates to key practice pointers for making a claim patent-eligible subject matter according to the U.S. Patent and Trademark Office’s (USPTO’s) October 2019 …
By Jay S. Pattumudi
1 month ago 12

Booking.com Case Heats Up at Supreme Court

In November, the U.S. Supreme Court granted a petition for certiorari filed by the U.S. Patent and Trademark Office (USPTO) asking the Court to consider “…
By IPWatchdog
1 month ago 1

Earth to Google: Here’s Why APIs Need to be Copyrightable

On January 6, 2020, Google submitted its brief in Google v. Oracle, kicking off the Supreme Court case that many are calling the “copyright case of the decade.” The …
By Michael Shore
1 month ago 39

Why eBay v. MercExchange Should, But Won’t, Be Overruled

As anyone who follows the United States Supreme Court knows, the Court has historically been extremely fond of taking important cases with cutting edge issues, only to …
By Gene Quinn
1 month ago 51

Obtaining Injunctions Under eBay Versus at the International Trade Commission

Prior to the Supreme Court’s decision in eBay v. MercExchange, 547 US 388 (2006), it was fairly routine for a victorious patent owner who prevailed on a finding of …
By Evan Langdon & Gene Quinn
2 months ago 34

On Claim Construction, Predictability, and Patent Law Consistency: The Federal Circuit Needs to Vote En Banc

The Federal Circuit needs to go en banc more often. That is the unmistakable lesson not just in light of the Supreme Court’s recent denials of …

Time to Wake Up: Stakeholders Must Compromise to Save the U.S. Patent System

Things are bad for many innovators and there is little hope for improvement on the foreseeable horizon. Despite the best efforts of Senator Thom Tillis (R-NC) and …
By Gene Quinn
2 months ago 56

Supreme Court Denies Trading Technologies, ChargePoint Petitions

The U.S. Supreme Court today denied two petitions for certiorari filed by Trading Technologies and one by ChargePoint, Inc. asking the Court to review their cases …
By Eileen McDermott
2 months ago 18

VirnetX Urges SCOTUS to End Apple Gamesmanship in Decade-Long Patent Battle

VirnetX on Wednesday filed its brief in opposition to Apple’s petition for certiorari to the Supreme Court, which asks the High Court to review the Federal …
By Eileen McDermott
2 months ago 12