Posts Tagged: US Supreme Court
Reflections on Denial of Cert in Athena Diagnostics
I was at the JP Morgan Healthcare Conference when I learned a week ago that the Supreme Court of the United States (SCOTUS) had denied Athena Diagnostic’…
Google v. Oracle: An Expansive Fair Use Defense Deters Investment In Original Content
Google v. Oracle America, a case pending before the United States Supreme Court, is a seemingly never-ending battle, since 2010, between two Silicon Valley behemoths. But now that …
Supreme Court Poised to Reverse CAFC Trademark Decision on Willfulness as Prerequisite for Profits Award
On Tuesday, the Supreme Court heard oral arguments in Romag Fasteners v. Fossil, Inc., Fossil Stores, I. Inc., Macy’s Inc, and Macy’s Retail Holdings, Inc. …
Lucky Brand Oral Arguments: SCOTUS Likely to Reverse Second Circuit Claim Preclusion Rule
On the morning of Monday, January 13, the U.S. Supreme Court heard oral arguments in Lucky Brand Dungarees Inc. v. Marcel Fashion Group Inc. The case asks …
The Supreme Court is More Interested in Being Right Than Shedding Light on 101
Yesterday was a dark day for patent eligibility in America. The United States Supreme Court denied certiorari in five more petitions relating to patent eligibility challenges. Based …
Views from the Top: IP Leaders Sound Off on Supreme Court’s Refusal to Wade into Patent Eligibility Debate
To the surprise and sorrow of some, but the relief of others, the Supreme Court earlier today denied certiorari in some key cases on patent eligibility law, …
It’s Official: SCOTUS Will Not Unravel Section 101 Web
The Supreme Court this morning released its orders list, in which it denied all pending petitions for certiorari on cases concerning patent eligibility. The Court has now …
Changing the Presumption: Shifting U.S. Patent Policy From a ‘Bad Actor’ to ‘Rational Actor’ Model (Part II of II)
In Part I of this article, we discussed the underpinnings of U.S. patent policy today: the fundamental assumption that our patent problems stem from a bad …
Changing the Presumption: Shifting U.S. Patent Policy From a ‘Bad Actor’ to ‘Rational Actor’ Model (Part I of II)
Since the Supreme Court’s Alice decision in 2014, the Judiciary’s development of 101 law has caused such an upheaval, Congress may need to intervene. In a July 2018 …
TQ Delta Reminds Me: May We Dispense with the Puzzle Simile?
In KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), the United States Supreme Court discussed legal principles of obviousness in the patent context. Justice Anthony Kennedy wrote …
The Top 10 Patent Stories of the Decade 2010 – 2019: Part II
As we explained in Part I of this series yesterday, this December marks the end of a decade as well as 2019. In reflecting on the top 10 patent …
The Top 10 Patent Stories of the Decade 2010 – 2019: Part I
This year, we wind down not only the year, but the decade. So, it is time to reflect upon the biggest patent related stories of the last …
Four Issues Highlighted in the Supreme Court Oral Argument on Copyrightability of Statutory Annotations
On December 2, the U.S. Supreme Court heard oral argument in the matter of Georgia v. Public.Resource.Org, Inc. The issue on appeal was on whether …
Is a Common Word Added to a TLD Like ‘.com’ Inherently Generic? Who Decides?
On November 8, the U.S. Supreme Court granted a Petition for Writ of Certiorari from the U.S. Patent and Trademark Office (USPTO) on the following issue: “…
Does ‘Scraping’ Data Violate the Computer Fraud and Abuse Act?
We live in a world where data has become an increasingly valuable asset and huge companies are built on the collection and analysis of publicly available data. …
