Posts Tagged: US Supreme Court
Dex Media: Supreme Court to Determine Scope of Judicial Review of IPR Institution Decisions
On Monday, the U.S. Supreme Court granted a petition for writ of certiorari to take up Dex Media Inc. v. Click-to-Call Technologies, LP on appeal from …
After Brunetti: The Trademark Bar Reacts to Fractured Decision
The Supreme Court issued its decision yesterday in Iancu v. Brunetti. As largely expected, the Court followed its own lead in Matal v. Tam and struck down …
Supreme Court ‘FUCT’ Case Ends With a Bang: Ban on ‘Immoral or Scandalous’ Marks Fails First Amendment Scrutiny
The Lanham Act’s ban on federal registration of “immoral or scandalous” trademarks is unconstitutional under the First Amendment. So held the United States Supreme Court on …
This Week on Capitol Hill: SCOTUS Grants Cert in Two IP Cases and Strikes Down Bar on Immoral/ Scandalous Marks; Plus, AI in Counterterrorism and Fintech, Copyright Office Oversight
This week on Capitol Hill and vicinity, the Supreme Court issues its decision in Iancu v. Brunetti and issues orders in several other IP cases. Meanwhile, various …
USPTO Commissioner for Patents on Life Five Years After Alice: We’ve Come a Long Way
Panelists in this past Thursday’s IPWatchdog webinar, “Dissecting Alice,” gave credit to the U.S. Patent and Trademark Office (USPTO) for the steps it has taken …
Inventors Must Oppose the Draft Section 101 Legislation
When it was announced that I would be testifying to the Senate Judiciary Subcommittee on IP about Section 101, I was surprised. Not only did they grant a …
Congress Adds TERM Act and No Combination Drug Patents Act to List of Drug Patent Bills Being Considered
The growing debate over the effects of patents on the rising price of pharmaceuticals continues to encourage the introduction of drug pricing-focused bills in Congress over the …
After Alice: IP Stakeholders Comment on Alice’s Impact Five Years On
Since the Supreme Court issued its decision in Alice v. CLS Bank five years ago today, patent eligibility jurisprudence and practice have become increasingly chaotic—at least …
Perspective: Weakening Alice Will Weaken the U.S. Patent System’s Second Engine of Innovation
Today is Alice’s fifth birthday; some may not be celebrating, but as a birthday gift, John Vandenberg argues the decision was not new law and should …
Arguing Device-and-Method Eligibility Under the Present and Future States of U.S. Patent Law
Here's the hypothetical: A patent application has been filed for a new medical device. The device reads various physiological signals from a patient and presents, with previously …
Supreme Court to Rule Whether Congress Appropriately Abrogated State Sovereign Immunity for Copyright Claims in Allen v. Cooper
As we anxiously await a final decision from the U.S. Supreme Court in Iancu v. Brunetti, and decisions on pending petitions for certiorari in several other …
The Only Way to Counter False Claims on Patent Reform is to Enter the Debate
Coverage of the ongoing patent reform debate in the Senate Judiciary Committee by the popular press has been alarmist and largely incorrect. For example, even just yesterday—…
Supreme Court Denies 43rd Petition for Cert on 101 Grounds in Villena v. Iancu
Villena v. Iancu (Supreme Court Dkt. No. 18-1223), which is the 43rd patent eligibility case to be considered for certiorari since the notorious Alice Corp. decision, was …
Federal Circuit to University of Minnesota: No State Sovereign Immunity For You
The Federal Circuit today ruled that The University of Minnesota (UMN)—an arm of the state of Minnesota—is not protected by state sovereign immunity from a …
Other Barks & Bites for Friday, June 14: TERM Act Targets Patent Evergreening, Senate Patent Eligibility Hearings Wrap, and Huawei Seeks Patent Licenses From Verizon
This week in Other Barks & Bites: the Supreme Court’s decision in Return Mail prohibits the federal government from petitioning for America Invents Act (AIA) patent validity …
