Posts Tagged: US Supreme Court
If Exceptions to 101 Are Codified, Patent Eligibility Chaos Will Be Worse
The Framework rolled out by Congress last week to fix Section 101 law in the United States will not improve the current 101 disaster. It codifies current exceptions and …
Inventor Asks Supreme Court to Review CAFC Decision on MPEP Rule Allowing Reopening of Examination After Appeal
On April 10, inventor Gilbert Hyatt and the American Association for Equitable Treatment (AAET) filed a petition for writ of certiorari with the U.S. Supreme Court asking …
Reactions Roll in On Congress’s Proposed 101 Framework: ‘The Right Approach’ or ‘A Swing and a Miss’?
Yesterday, members of congress announced in a press release a proposed framework to fix patent eligibility law in the United States.Reactions to the framework were mixed. …
Iancu v. Brunetti: Lawyers Weigh In On Fate of Scandalous Trademarks
In Iancu v. Brunetti (Case No. 18-302), the United States Patent and Trademark Office (USPTO) is appealing to the Supreme Court from a U.S. Court of …
Invest Pic v. SAP America, Inc. Amicus Brief Takes on CAFC’s ‘Physical Realm’ Test
Among the seven amicus curiae briefs filed Monday with the U.S. Supreme Court in InvestPic, LLC, v. SAP America, Inc., Eagle Forum Education & Legal Defense Fund’…
Tam 2.0? SCOTUS Likely to Strike Down Bar on Immoral/Scandalous Marks in Iancu v. Brunetti
Following our visit to the Supreme Court for Monday’s entertaining oral argument in Iancu v. Brunetti, we can report that the Court seems likely to strike …
This Week in D.C.: Iancu v. Brunetti, Think Tanks Discuss Data Privacy, Government Regulation of Social Media Content, Carbon Capture Innovations
This week on Capitol Hill, both the U.S. House of Representatives and the U.S. Senate are quiet for the next two weeks as the House …
Patent Eligibility of Medical Diagnostic Inventions: Where Are We Now, and Where Are We Headed?
In each of the recent Federal Circuit decisions on medical diagnostics inventions, Athena Diagnostics v. Mayo Collaborative Services, 2017-2508, (Fed. Cir. Feb. 6, 2019) (“Athena”) and Cleveland Clinic Found. …
Strategies for Preparing Infringement and Validity Opinions
A company must be strategic in any business decision it makes in order to ensure that it takes the necessary measures to avoid liability for its actions. …
Other Barks & Bites for Friday, April 12: Global Music Copyright Revenues Up, Copyright Office Examines Online Infringement Issues, and China’s ‘Reverse Patent Troll’ Problem
This week in other IP news, recently released data shows that worldwide revenues for music copyright exceeded $28 billion in 2017, up $2 billion over 2016; reports surface about the “reverse …
Startups with Patents are the Ultimate Anti-Monopoly
Patents are often referred to as monopolies. But that is a fundamental misunderstanding of how patents work to enhance competition. The truth is that a patent is …
Reflections Upon Disagreeing with Judge Paul Michel
Recently, I’ve written several articles laying the blame for the patent eligibility crisis squarely on the Federal Circuit. Yes, we all know the Supreme Court is …
Scott Elmer, St. Jude Children’s Research Hospital On the ‘Sea Change’ in Diagnostics Patent Strategies
Scott Elmer is Director, Office of Technology Licensing, at St. Jude Children’s Research Hospital, one of the leading pediatric cancer hospitals in the country. The institution …
You Had One Job: The Federal Circuit Can and Should Fix Section 101
It is getting tiring to read in case after case the Federal Circuit saying that they are forced by Alice or Mayo to find real innovation to …
Latest CAFC Ruling in Cleveland Clinic Case Confirms That USPTO’s 101 Guidance Holds Little Weight
On Monday, April 1, the Court of Appeals for the Federal Circuit issued a decision in Cleveland Clinic Foundation v. True Health Diagnostics affirming the invalidity of patents …
