Posts Tagged: US Supreme Court
Rethinking Innovation with Michel, Iancu, and Watts
In early November, the University of Illinois Chicago (UIC) School of Law held its 65th Annual Intellectual Property Law Conference. The program consisted of five plenary sessions …
The U.S. Patent System is Still Worth Saving
Much deserved criticism has been leveled at the U.S. patent system in the last decade or so, from all sides. No one branch of the system …
Alice-Insanity (Part Three): How the Star Chamber of Madison Place Violates Basic Principles of Collateral Estoppel
As stated in Part One of this series, the Fifth Amendment of the U.S. Constitution guarantees, inter alia, that no person shall be deprived of property (…
Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography
“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted …
J.E.M.: The Supreme Court’s Last Expansion of Patent Protection, 20 Years Ago
In 2001, the U.S. Supreme Court ruled for the first time that plants could be protected with utility patents. J.E.M. Ag Supply, Inc., v. Pioneer …
Justices Express Frustration Over Question Presented in Unicolors v. H&M, But Lean Toward Preserving Copyright Registrations
The U.S. Supreme Court heard oral argument today in Unicolors v. H&M. The case asks the Court to decide whether the Ninth Circuit properly construed …
Alice Insanity (Part Two): How the Dunning-Kruger Effect Influences the Outcome of Federal Circuit Decisions
The Dunning-Kruger effect is often defined as a type of cognitive bias whereby people are prone to vastly misjudge their competence. For example, smart and capable people …
Alice-Insanity (Part One), or Why the Alice-Mayo Test Violates Due Process of Law
The Fifth Amendment of the U.S. Constitution guarantees, inter alia, that no person shall be deprived of property (including intellectual property), without due process of law. …
Models’ Lawsuits Against Nightclubs Highlight SCOTUS Petition Challenging Elevation of ‘Public Prominence’ Factor in Lanham Act Cases
In mid-October, a pair of lawsuits were filed in the Eastern District of Virginia by different groups of professional models seeking damages and injunctive relief under the …
An Ax(le) Needs Grinding: Can the Federal Circuit Turn the Wheel?
I recently opened a Bordeaux and re-read the petition for certiorari in American Axle v. Neapco. Not because I like watching horror films or black-and-white footage of …
CareDx v. Natera: The Latest in Patent Eligibility of Medical Diagnostics
The latest ruling involving patent eligibility of medical diagnostics comes from Chief Judge Connolly of the United States District Court for the District of Delaware in a …
SCOTUS Grants Government’s Request to Participate in Case Interpreting PRO IP Act Language on Copyright Invalidation
The U.S. Supreme Court today granted a motion made by the Acting U.S. Solicitor General to participate in oral argument as an amicus in the …
Eagle Forum Event Participants Delve into Patent Eligibility ‘Goulash’
The extreme uncertainty that U.S. patent eligibility “validity goulash” jurisprudence has caused is wreaking havoc on inventors, especially those working on emerging technologies. It is also …
Employing a Trademark Test to Determine When a Patent is ‘Directed To’ a Section 101 Judicial Exception
Under U.S. trademark law and court precedent, determining whether there is a likelihood of confusion involves weighing a number of factors (13 factors to be exact), known …
CAFC Dismisses USPTO’s Appeal on Expert Witness Fees in Hyatt II Based on Supreme Court NantKwest Analysis
On August 18, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Hyatt v. Hirshfeld (Hyatt II), the latest in a line …
