Posts Tagged: US Supreme Court


Arthrex Aftermath: How the Landmark Supreme Court Decision Drives the PTAB’s Future

A working definition of inertia is the tendency of a body to maintain its state of rest or uniform motion unless acted upon by an external force. …

Supreme Court to NCAA: You are Not Immune from Antitrust Laws

On June 21, the U.S. Supreme Court issued a unanimous ruling in National Collegiate Athletic Association v. Alston (Alston) in which the nation’s highest court affirmed …
By Steve Brachmann
2 days ago 0

Industry Reacts to the Supreme Court’s Arthrex Ruling: Chaos Averted – or Just Delayed?

The Supreme Court issued a split 5-4 decision earlier today, in which a plurality of the Court agreed with the U.S. Court of Appeals for the …
By IPWatchdog
3 days ago 20

In Arthrex Ruling, SCOTUS Says Director Review of Decisions, Not Power to Remove APJs, is What Matters

The Supreme Court has issued its ruling in Arthrex v. Smith & Nephew, taking a different approach to curing the statute than did the U.S. Court of …
By Eileen McDermott
3 days ago 4

iLife Ties Its Patent Eligibility Fate to American Axle at Supreme Court

iLife Technologies last week petitioned the U.S. Supreme Court to hear its appeal of a January 2021 U.S. Court of Appeals for the Federal Circuit decision …
By Eileen McDermott
3 days ago 1

Piercing Halo’s Haze at Year Five: Smoke Clearing on Enhanced Damages

On June 13, 2016, the Supreme Court decided Halo Elecs., Inc. v. Pulse Elecs., Inc., addressing standards for recovery of enhanced damages for patent infringement pursuant to Section 284 of …
By Michael Cicero
11 days ago 4

SCOTUS Says Former Police Sergeant Did Not Violate CFAA, Snubbing Government’s Reading

The United States Supreme Court today ruled that a former police sergeant did not flout Section (a)(2) of the Computer Fraud and Abuse Act (CFAA) because that …
By Eileen McDermott
21 days ago 7

Five Years after Form 18: Post-Iqbal–Twombly Rule 12(b)(6) and 12(c) Motions to Dismiss Patent Infringement Claims

Today, district courts evaluate whether patent infringement complaints satisfy the plausibility standard under Fed. R. Civ. P. 8 and the Supreme Court’s Iqbal–Twombly standard. Five years …
By Eric Levi
21 days ago 3

Supreme Court Grants Cert in Unicolors v. H&M to Consider Whether Section 411 Includes Intent-to-Defraud Requirement

On Tuesday, June 1, the U.S. Supreme Court granted a petition for writ of certiorari filed by fabric designer Unicolors seeking to challenge the U.S. Court …
By Steve Brachmann
22 days ago 1

Federal Trade Commission Urges SCOTUS to Deny AbbVie Petition

On Wednesday, May 19, the response brief of the Federal Trade Commission (FTC) was filed with the U.S. Supreme Court in AbbVie v. FTC. The petition for …
By Steve Brachmann
1 month ago 0

Why SCOTUS’ Decision to Sidestep Copyrightability in Google v. Oracle is Problematic for Cases Involving Command Codes

On April 5, the U.S. Supreme Court held 6-2 that Google’s copying of 11,500 lines of code from the Java SE Application Programming Interface (API) in creating …
By Yeshesvini Chandar
1 month ago 0

‘Holding States Accountable for Copyright Piracy’: White Paper Says Allen v. Cooper Has Put Creators and Copyright in Jeopardy

Last week, the Regulatory Transparency Project of the Federalist Society released a paper titled “Holding States Accountable for Copyright Piracy.” The paper was authored by Alden Abbott, …
By Rebecca Tapscott
1 month ago 1

High Court is Poised to Un-Muddy the Section 101 Waters Nearly Seven Years After Alice

Could the United States Supreme Court once again weigh in on Section 101 subject-matter eligibility? With the Court having asked for the views of the Solicitor General yesterday, …

Saul v. Carr: The SCOTUS Social Security Decision Patent Practitioners Should Read

On April 22, 2021, the United States Supreme Court issued a decision in Carr v. Saul, which dealt with a constitutional Appointments Clause challenge to Administrative Law Judges (ALJs) …
By Daniel Hanson
2 months ago 1

Assignor Estoppel: Can’t We Just Leave It To Congress? (Answer: Not Really)

On Wednesday, April 21, the U.S. Supreme Court heard oral arguments in Minerva Surgical, Inc. v. Hologic, Inc., which concerns the doctrine of assignor estoppel. Generally speaking, …
By William H. Milliken
2 months ago 2