Posts Tagged: SCOTUS


Supreme Court ‘FUCT’ Case Ends With a Bang: Ban on ‘Immoral or Scandalous’ Marks Fails First Amendment Scrutiny

The Lanham Act’s ban on federal registration of “immoral or scandalous” trademarks is unconstitutional under the First Amendment.  So held the United States Supreme Court on …

This Week on Capitol Hill: SCOTUS Grants Cert in Two IP Cases and Strikes Down Bar on Immoral/ Scandalous Marks; Plus, AI in Counterterrorism and Fintech, Copyright Office Oversight

This week on Capitol Hill and vicinity, the Supreme Court issues its decision in Iancu v. Brunetti and issues orders in several other IP cases. Meanwhile, various …
By IPWatchdog
2 days ago 2

USPTO Commissioner for Patents on Life Five Years After Alice: We’ve Come a Long Way

Panelists in this past Thursday’s IPWatchdog webinar, “Dissecting Alice,” gave credit to the U.S. Patent and Trademark Office (USPTO) for the steps it has taken …
By Eileen McDermott
2 days ago 1

Inventors Must Oppose the Draft Section 101 Legislation

When it was announced that I would be testifying to the Senate Judiciary Subcommittee on IP about Section 101, I was surprised. Not only did they grant a …
By Paul Morinville
3 days ago 34

Congress Adds TERM Act and No Combination Drug Patents Act to List of Drug Patent Bills Being Considered

The growing debate over the effects of patents on the rising price of pharmaceuticals continues to encourage the introduction of drug pricing-focused bills in Congress over the …
By Steve Brachmann
6 days ago 0

After Alice: IP Stakeholders Comment on Alice’s Impact Five Years On

Since the Supreme Court issued its decision in Alice v. CLS Bank five years ago today, patent eligibility jurisprudence and practice have become increasingly chaotic—at least …
By IPWatchdog
7 days ago 66

Perspective: Weakening Alice Will Weaken the U.S. Patent System’s Second Engine of Innovation

Today is Alice’s fifth birthday; some may not be celebrating, but as a birthday gift, John Vandenberg argues the decision was not new law and should …
By John Vandenberg
7 days ago 26

Arguing Device-and-Method Eligibility Under the Present and Future States of U.S. Patent Law

Here's the hypothetical: A patent application has been filed for a new medical device. The device reads various physiological signals from a patient and presents, with previously …
By Daniel Hanson
8 days ago 11

Supreme Court to Rule Whether Congress Appropriately Abrogated State Sovereign Immunity for Copyright Claims in Allen v. Cooper

As we anxiously await a final decision from the U.S. Supreme Court in Iancu v. Brunetti, and decisions on pending petitions for certiorari in several other …
By Steve Brachmann
8 days ago 2

The Only Way to Counter False Claims on Patent Reform is to Enter the Debate

Coverage of the ongoing patent reform debate in the Senate Judiciary Committee by the popular press has been alarmist and largely incorrect. For example, even just yesterday—…
By Gene Quinn
9 days ago 12

Supreme Court Denies 43rd Petition for Cert on 101 Grounds in Villena v. Iancu

Villena v. Iancu (Supreme Court Dkt. No. 18-1223), which is the 43rd patent eligibility case to be considered for certiorari since the notorious Alice Corp. decision, was …

Federal Circuit to University of Minnesota: No State Sovereign Immunity For You

The Federal Circuit today ruled that The University of Minnesota (UMN)—an arm of the state of Minnesota—is not protected by state sovereign immunity from a …
By Eileen McDermott
12 days ago 24

Other Barks & Bites for Friday, June 14: TERM Act Targets Patent Evergreening, Senate Patent Eligibility Hearings Wrap, and Huawei Seeks Patent Licenses From Verizon

This week in Other Barks & Bites: the Supreme Court’s decision in Return Mail prohibits the federal government from petitioning for America Invents Act (AIA) patent validity …
By IPWatchdog
12 days ago 0

Final Panelists at Senate 101 Hearings Stress Real-World Effects of Status Quo, Tillis Signals Changes to Draft Text

After three hearings and 45 witnesses, there were few new fundamental arguments advanced for or against reforming patent eligibility law at today’s final Senate IP Subcommittee hearing …
By Eileen McDermott
15 days ago 25

Patent Attorneys Address Implications of SCOTUS’ Return Mail Ruling

Yesterday, the U.S. Supreme Court ruled in Return Mail, Inc. v. United States Postal Service that the U.S. government doesn’t qualify as a “person” …
By IPWatchdog
15 days ago 4