Posts Tagged: SCOTUS


Amici Urge Supreme Court to Grant UMN Petition on Sovereign Immunity for IPRs

On October 15, 12 state universities and state university systems filed an amicus brief in support of the University of Minnesota in its appeal to the U.S. Supreme …
By Nancy Braman
1 day ago 3

Petition Seeks Rare En Banc Review to Clarify Whether PTAB Can Overrule Article III Courts

Chrimar Systems, Inc. filed a petition for en banc rehearing with the Federal Circuit on October 21 asking it to review the so-called Fresenius-Simmons preclusion principle. The petition …
By IPWatchdog
2 days ago 11

USPTO Issues Additional Subject Matter Eligibility Guidance

On Thursday, October 17, the USPTO issued new patent eligibility guidance. The new guidance discusses and elaborates on the 2019 Revised Patent Subject Matter Eligibility Guidance (PEG) that was …
By John M. Rogitz
3 days ago 20

Other Barks & Bites, Friday, October 18: USPTO Updates Subject Matter Eligibility Guidelines, China Receives Half of 2018 Global Patent Filings, US Inventor to Host Rally

This week in Other Barks & Bites: US Inventor will host an inventor rally during AIPLA’s Annual Meeting to protest the PTAB; the Federal Circuit vacates dismissal …
By IPWatchdog
5 days ago 2

The Changing Landscape of Copyrights Part II: The Warhol Case Continues Trend in Favor of Fair Use

In my previous post, I explored how times have changed for photographers who once appeared to have the upper hand in copyright infringement disputes with appropriation artists …
By Lee Burgunder
7 days ago 1

The Changing Landscape of Copyrights: Hope Shifts from Photographers to Users

Copyrights protect original works of authorship fixed in a tangible medium of expression. When photographers take pictures of individuals, there are substantial questions regarding the elements that …
By Lee Burgunder
8 days ago 3

How Foreign Patent Infringers Are Subject to Jurisdiction in the United States

The Federal Circuit’s decision in In re HTC Corp., 889 F.3d 1349 (Fed. Cir. 2018), considered whether the TC Heartland decision extended to foreign defendants to afford them …
By Robert Mattson
9 days ago 0

Other Barks & Bites, Friday, October 11: IPWatchdog Celebrates, USPTO Meets Pendency Goals, SCOTUS Denies IP Cases and ACLU Opposes CASE Act

This past week in Other Barks & Bites: the Federal Circuit issued precedential decisions affirming the invalidation of patent claims covering osteoarthritis treatments and a costs award to …
By IPWatchdog
12 days ago 1

Re-examining the USPTO’s Bid for Adjudicatory Chevron Deference—a Response to One Analysis of Facebook v. Windy City

Last week, Professor Andrew Michaels published an article with IPWatchdog commenting on Facebook v. Windy City and the U.S. Patent and Trademark Office’s claim for …
By David Boundy
14 days ago 5

SCOTUS Denies Imperium IP Holdings Petition, Lets CAFC Assessment of Expert Testimony Stand Over Jury’s

On Monday, the U.S. Supreme Court denied a petition for certiorari filed by Imperium IP Holdings (Cayman) Ltd., thus letting stand a U.S. Court of …
By IPWatchdog
15 days ago 5

It Is Time for Federal Circuit Judges of Good Conscience to Call Out Their Colleagues

Recently, IPWatchdog published an excellent article by Wen Xie outlining the legal inconsistencies of the Chamberlain v. Techtronic Industries opinion, penned by Judge Chen. Unfortunately, describing the …

Peter v. NantKwest: Government Counsel Struggles to Make the Case for Recovering Attorneys’ Fees

Justices Breyer, Kavanaugh, Ginsburg and Gorsuch and Chief Justice Roberts were among the most active questioners of Malcolm Stewart, representing the government of the United States, and …
By Eileen McDermott
16 days ago 5

Athena Implores Supreme Court to Heed Federal Circuit’s ‘Unprecedented Cry for Help’

As expected, Athena Diagnostics last night filed its petition for certiorari to the U.S. Supreme Court, asking it to fix the United States’ patent eligibility law …
By IPWatchdog
20 days ago 28

Peter v. NantKwest to Kick Off Busy IP Term for Supreme Court

Next week, the Supreme Court will hear the first of six IP cases granted cert last term. On Monday, the Court will hear Peter v. NantKwest, in …
By IPWatchdog
21 days ago 7

Understanding the Difference Between Preemption and Novelty/Nonobviousness

Recently, the United States Court of Appeals for the Federal Circuit (“the Federal Circuit”) issued its opinion in Solutran, Inc. v. Elavon, Inc., 2019-1345, 2019-1460 (Fed. Cir., …
By Robert Levy
24 days ago 11