Posts Tagged: US Supreme Court
‘Unalienable Rights’: Understanding America’s Growing Disdain for Physical and Intangible Property
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these …
Supreme Court’s Booking.com Ruling Signals Uptick in Registration of ‘Generic.com’ Marks
On Tuesday, June 30, the U.S. Supreme Court affirmed the Fourth Circuit’s holding that BOOKING.COM is a protectable trademark. The U.S. Patent and Trademark …
Bilski and Its Expansion of the Abstract Idea Exception: A Failure to Define
The Supreme Court's Bilski v. Kappos decision—which celebrated its 10th birthday this past weekend—still matters, even in the age of Mayo-Alice. For one thing, the …
Supreme Court Declines to Consider PTAB Authority to Overturn Article III Decisions
On June 30, the U.S. Supreme Court denied certiorari to Chrimar Systems, Inc., thereby letting stand a decision of the United States Court of Appeals for the …
The Consumer is King: High Court Sides with Booking.com, Rejecting Per Se Test for Generic.Com Trademarks
The U.S. Supreme Court has sided with Booking.com, ruling that a generic term paired with .com “is a generic name for a class of goods …
Ten Years From Bilski: The Beginning of the End, with No Improvement in Sight
Ten years ago today, the U.S. Supreme Court handed down what at the time was one of the most important patent decisions in decades. It signaled …
Using Alice’s Approach to Patent-Eligibility to Draft Patent Claims
The Federal Circuit has been criticized for creating categories of abstract ideas when applying Alice v. CLS’s two-prong framework and for refusing to define the contours …
Effects of the Alice Preemption Test on Machine Learning Algorithms
Since the Alice decision, the U.S. courts have adopted different views related to the role of the preemption test in eligibility analysis. While some courts have …
It Is Time to Fix the Courts’ Section 101 Tests on ‘Directed to …’ and ‘Abstract Ideas’—Whether in Chamberlain or Beyond (Part II)
As we concluded in Part I of this article, the courts are being called upon in The Chamberlain Group v. Techtronic Industries, Inc to respond to an …
It Is Time to Fix the Courts’ Section 101 Tests on ‘Directed to …’ and ‘Abstract Ideas’—Whether in Chamberlain or Beyond (Part I)
The case of the “garage door opener,” The Chamberlain Group v. Techtronic Industries, Inc., has received its share of attention. Rightly so. The case, after all, spotlights …
Chamberlain Petitions SCOTUS to Review CAFC’s ‘Refusal to Assess Claims as a Whole’ in Garage Door Opener Case
On May 15, the Chamberlain Group Inc. filed a petition for a writ of certiorari asking the U.S. Supreme Court to review the U.S. Court of …
ALE Responds and Baxter Weighs in on Chrimar Bid for High Court to Consider ‘Soundness’ of Fresenius/ Simmons Principle
In March, Chrimar Systems, Inc. filed a petition for certiorari asking the U.S. Supreme Court to decide: 1) whether the Federal Circuit may apply a finality standard …
Supreme Court Reverses Second Circuit Approach to Defense Preclusion in Win for Lucky Brand
As predicted following oral arguments, the U.S. Supreme Court today ruled that Marcel Fashion Groups, Inc. cannot preclude Lucky Brand Dungarees, Inc. from raising new defenses …
Booking.com Oral Arguments: Will Justices’ Skepticism of USPTO Arguments Trump Monopoly Concerns?
The U.S. Supreme Court heard oral arguments in United States Patent and Trademark Office, et al., v. Booking.com B.V., (Case No. 19-46) yesterday, in …
Innovation Versus Information: How the Shifting Definition of ‘News’ and a Media-Shy IP Community are Driving the Anti-Patent Narrative
When did it become necessary to triangulate the news in order to figure out what was really happening in the world? Many media outlets have significantly slowed …
