Posts Tagged: SCOTUS


Getting Ready for Arthrex: What the Amici Are Saying

The U.S. Supreme Court has agreed to hear, on March 1, 2021, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.…

USIJ to Supremes: Set Boundaries on 101 Jurisprudence to Save U.S. Innovation

The Alliance of U.S. Startups & Inventors for Jobs has filed an amicus brief supporting American Axle & Manufacturing, Inc.’s petition for certiorari with the U.S. …
By La'Cee Conley
18 days ago 5

US Inventor Backs SCOTUS Petition to Clarify Claim Construction Principles

Inventor advocacy group US Inventor has filed an amicus brief in support of a petition to the U.S. Supreme Court asking the justices to clarify “[w]…
By Eileen McDermott
1 month ago 7

Copyright Office Updates to Third Edition of Compendium of Practices Focus on Registration Refusals, Intervening SCOTUS Case Law

On January 14, the U.S. Copyright Office published in the Federal Register an update to the agency’s Third Edition of the Compendium of U.S. Copyright …
By Steve Brachmann
1 month ago 0

Skidmore-Mead Can Solve the Patent Eligibility Dilemma

Judge Kimberly Moore, in a comprehensive and insightful opinion dissenting from the denial of the petition for rehearing en banc in Athena Diagnostics, Inc. v. Mayo Collaborative …

Supreme Court Will Review Doctrine of Assignor Estoppel

On Friday, the U.S. Supreme Court granted a petition for certiorari filed by Minerva Surgical, Inc. asking the Court to clarify questions around the doctrine of …
By Eileen McDermott
2 months ago 3

Inventors Have Their Say on PTAB at SCOTUS in Arthrex Amicus Briefs

Eleven amicus briefs were docketed during the last two business days of 2020 in United States v. Arthrex, Inc., et al., which is scheduled for oral argument on …
By Eileen McDermott
2 months ago 5

The Patent System is ‘Desperate’: American Axle Implores High Court to Take Up Eligibility Fight

American Axle & Manufacturing, Inc. filed a petition for certiorari with the U.S. Supreme Court on December 28, 2020, asking it to review the Federal Circuit’s July 31, 2020 modified …
By Eileen McDermott
2 months ago 14

Looking Back at the Highest Impact Trademark Cases of 2020

This year saw its fair share of high profile trademark cases: the Second Circuit vacated Tiffany & Co.’s $25 million summary judgment win against Costco Wholesale Corp. in …
By Megan Bannigan & Jared Kagan
2 months ago 1

Are There Really Any ‘Statutory Limits’ to Institution of Post-Grant Examination following SIPCO v. Emerson Electric Co.?

On November 17, 2020, in SIPCO LLP v. Emerson Electric Co., No. 2018-1635, slip op. (Fed. Cir. Nov. 17, 2020), the Court of Appeals for the Federal Circuit extended the reasoning …
By N. Scott Pierce
3 months ago 6

Amicus eComp Consultants Urges Supreme Court to Deem PTAB APJs ‘Inferior’ Officers in Arthrex

On December 2, eComp Consultants (eComp) filed an amicus brief urging the U.S. Supreme Court to find Administrative Patent Judges (APJs) of the Patent Trial and Appeal …

Response Filed to SCOTUS Petition on Question of Whether Reserve Banks Are ‘Persons’ Eligible to Request PTAB Review

On November 25, the Federal Reserve Bank of Atlanta (Bank of Atlanta) filed a brief in opposition in response to a petition for a writ of certiorari filed …
By Rebecca Tapscott
3 months ago 2

Supreme Court Ponders Proper Application of the Computer Fraud and Abuse Act

In Van Buren v. United States, argued December 1, the Supreme Court has a chance to address how the Computer Fraud and Abuse Act applies when a defendant …
By Peter J. Toren
3 months ago 1

Federal Circuit Considers CBM Review Under Thryv on Remand from SCOTUS

On November 17 the Federal Circuit affirmed a determination of the PTAB that claims were obvious in view of the prior art in an appeal that was returned …
By IPWatchdog
3 months 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
3 months ago 0