Posts Tagged: US Supreme Court
Federal Circuit Allows USPTO to Defend Appeal from Inter Partes Reexamination
In Knowles Elecs. LLC v. Iancu, Knowles appealed the inter partes reexamination decision of the Board, which affirmed an examiner’s finding that certain claims were anticipated …
The CAFC Split Non-precedential Decision in Exergen v. Kaz Raises Interesting Issues About Eligibility Determinations
In Exergen Corporation v. Kaz USA, No. 16-2315 (March 8, 2018), the Federal Circuit, in a split non-precedential opinion, affirmed a holding that Exergen’s claims directed to methods …
Shadow Advocacy: A Look Inside the Amicus Process
Paying due homage to the TV series, The Twilight Zone, you have now entered the strange world of “shadow advocacy,” aka the amicus process. Indeed amicus advocacy …
How Not to Copy: What is Fair and What is Fair Use?
These issues of fairness and fair use are played out in the recent Oracle v. Google decision. In a convoluted case that has gone up to the …
The House IP Subcommittee: A Bunch of Fiddling Neros Watching the U.S. Patent System Burn
Interestingly, in the history of the entire CBM program, only three petitions have ended with final written decisions upholding all claims as valid. That’s 1 percent of …
Cleveland Indians to Stop Using Chief Wahoo Logo in 2019
The Cleveland Indians are planning to stop using the Chief Wahoo logo on their uniforms or on signage at the stadium starting in 2019. As a longtime source …
Fishing for Trade Secrets
Modern discovery can be quite disruptive and expensive. Recognizing that there is a particular danger of abuse in trade secret cases, where defendants are often individuals or …
Portal Communications Alleges Apple’s Siri Willfully Infringes on Natural Language Processing Patents
Portal Communications filed a suit for patent infringement against Cupertino, CA-based consumer tech giant Apple Inc. At issue in the case, which was filed in the Eastern …
Federal Circuit says Kessler Doctrine did not preclude claims asserted against Google
Google also argued that, if claim preclusion did not bar SimpleAir’s infringement claims, than the Kessler doctrine barred them. This doctrine, stemming from a 1907 decision by …
Law Professors Urge CAFC to Uphold Cleveland Clinic Diagnostic Method Patents
A group of six patent law professors filed an amicus brief with the Court of Appeals for the Federal Circuit in Cleveland Clinic v. True Health Diagnostics. …
Working Out with Octane Fitness: Four Years Later
On February 2, 2018, in Sophos Inc. v. RPost Holding, Inc., Judge Denise Casper became the latest judge to declare a case “exceptional” under 35 U.S.C. § 285 and award …
Federal Circuit Upholds Thales Motion Tracking Patent Asserted against U.S. Government for Second Time
The recent Federal Circuit decision in Elbit Systems of America, LLC v. Thales Visionix, Inc. affirmed a final written decision issued by the Patent Trial and Appeal …
Letter to President Trump on China IP Probe is Latest Sign of Conservative Support for Private IP Rights
A group of 16 leaders from politically conservative institutions sent a letter addressed to President Donald Trump lauding the Trump Administration’s decision last summer to initiate an …
SCOTUS to decide if lost profits can be awarded for infringement committed on high seas
The Supreme Court will hear WesternGeco LLC v. ION Geophysical Corp., which asks whether the Federal Circuit erred in holding that lost profits arising from prohibited combinations …
Six Predictions for the 2018 Patent Environment
For patent practitioners, this year packed in a lot of activity: Fractured Federal Circuit en banc decisions resolving who bears the burden of proof on motions to …
