Posts Tagged: SCOTUS


Federal Circuit Considers CBM Review Under Thryv on Remand from SCOTUS

On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) in SIPCO, LLC v. Emerson Electric Co. affirmed a determination of the U.S. …
By IPWatchdog
5 days ago 1

Copyright for Choreography: When is Copying a Dance a Copyright Violation?

Recent news reports about choreographer JaQuel Knight’s efforts to copyright some of his iconic dance routines, such as Beyoncé’s “Single Ladies,” are a reminder that …
By Laura Kees
5 days ago 0

Supreme Court Denies Patent Petitions on Arthrex, Eligibility

On Monday, the U.S. Supreme Court denied petitions for certiorari in two cases from the U.S. Court of Appeals of the Federal Circuit (CAFC): IYM …
By Rebecca Tapscott
6 days ago 3

What SCOTUS’ Decision to Scrutinize Social Security Act Appointments Clause Case Means for Arthrex

Last week, an order list issued by the U.S. Supreme Court indicated that the nation’s highest court had granted a pair of petitions for writ …
By Steve Brachmann
8 days ago 2

Skidmore Seeks a Second Chance at SCOTUS in Led Zeppelin Copyright Case

On October 30, Michael Skidmore, Trustee for the Randy Craig Wolfe Trust, filed a petition for rehearing of the denial of its August 6 petition for writ of certiorari …
By Rebecca Tapscott
20 days ago 0

The Troll Narrative Infected the Supreme Court and Justice Kennedy was the Vector

An untold story of the patent "reform" era is how the High Court (as well as the Congress) blithely accepted an exaggerated narrative spun by the PR …

Misguided: USPTO Examination Guide Misses the Mark on Booking.com

Last week, the U.S. Patent and Trademark Office (USPTO) released its long-awaited Examination Guide on so-called generic.coms – domain names comprised of generic elements along with …

Google v. Oracle: The High Court Holds the Future of IP in Its Hands

In what many regard as the intellectual property case of the century, the United States Supreme Court has—on October 7, 2020—presided over oral arguments in Google v. …
By Sue Ghosh Stricklett
24 days ago 3

Will SCOTUS Tell Bad Spaniels to Roll Over?

Sometimes a dog toy is just a dog toy. Maybe that’s how Sigmund Freud would have put it; certainly, that’s the message from our client, …

The Price of Paice and Complexity: Rules, Standards and Facts for Post-Judgment Royalty Consideration

The Supreme Court and Federal Circuit permit prevailing patentees to obtain a higher royalty rate for an infringer’s post-judgment infringing sales. But whatever the reason, district …

‘Myspace Laws in a Tik Tok World’ – Tillis asks Amy Coney Barrett about Patent Eligibility and Copyright Law

This afternoon on Capitol Hill, Senator Thom Tillis (R-NC), a member of the Senate Judiciary Committee and Chair of the Senate Intellectual Property Intellectual Property Subcommittee, had …
By Gene Quinn
1 month ago 19

Patent Stakeholders Weigh in on High Court Decision to Hear Arthrex

The United States Supreme Court has granted certiorari in three cases involving Arthrex, Inc. focusing on the question of whether the administrative patent judges (APJs) of the …
By Eileen McDermott
1 month ago 11

SCOTUS Denial of TCL v. Ericsson Petition Means Juries Decide Damages for SEP Infringement

On October 5, the United States Supreme Court denied TCL Communication’s petition for certiorari in TCL Communication Technology Holdings Ltd. V. Telefonaktiebolaget LM Ericsson. Of course, the …
By Gene Quinn
2 months ago 1

Justices Look for Reassurance That the Sky Won’t Fall When They Rule in Google v. Oracle

Google and Oracle each got to have their say in U.S. Supreme Court today, when eight justices heard oral argument in the closely-watched battle between the …
By Eileen McDermott
2 months ago 5

Rently Makes Section 101 Bid to High Court

Consumer 2.0, Inc. d/b/a Rently has filed a petition with the U.S. Supreme Court asking it to review a U.S. Court of Appeals for …
By Eileen McDermott
2 months ago 19