Posts Tagged: US Supreme Court


Other Barks & Bites, Friday, August 16: Iancu to Brief CAFC on Precedential Opinion Panel Deference, China to Regulate Patent Agencies, and FCC Approves T-Mobile/Sprint Merger

This week in Other Barks & Bites: The Federal Circuit has asked USPTO Director Andrei Iancu to brief the appellate court on deference that should be paid to …
By IPWatchdog
2 days ago 0

Federal Circuit: ‘Physicality’ of Processing Paper Checks Does Not Save Solutran’s Claims from 101 Challenge

The Federal Circuit recently reversed the District of Minnesota’s denial of summary judgment and held claims related to paper check processing invalid under 35 U.S.C. § 101. …

The Honeymoon is Over: Time for Iancu to Take Action on PTAB Harassment of Patent Owners

Just over 18 months ago, Andrei Iancu assumed control of the United States Patent and Trademark Office (USPTO). As the Director of the USPTO, Iancu has changed the …
By Gene Quinn
4 days ago 10

Second Circuit Ruling on “Velocity” Trademark Clarifies Standards For Awards in Lanham Act Cases

The U.S. Court of Appeals for the Second Circuit issued a decision in an appeal from the U.S. District Court for the Southern District of …
By Nancy Braman
4 days ago 1

Update on 101 Rejections at the USPTO: Prospects for Computer-Related Applications Continue to Improve Post-Guidance

The Supreme Court’s 2014 decision in Alice v. CLS Bank made it significantly more difficult to obtain patents for some computer-related technologies. it is, at best, questionable …
By Kate Gaudry & Samuel Hayim
5 days ago 6

AIPLA: The Supreme Court Must Ensure the U.S. Government Adheres to the American Rule in Peter v. NantKwest

When a patent or trademark applicant loses in front of the U.S. Patent and Trademark Office (USPTO), they can either appeal to a court of appeals …

Apple Takes Another Bite with Motions to Stay, Vacate Federal Circuit’s Denial of Rehearing in VirnetX Case

In the latest stage of the nine-year VirnetX/ Apple patent saga, Apple has filed a Motion to Stay the Mandate and a Motion to Vacate in relation …
By Eileen McDermott
9 days ago 3

Next Steps After Celgene: Federal Circuit Ruling on Takings Clause and IPRs Leaves Open Questions

Since the Supreme Court upheld the constitutionality of inter partes review (IPR) a little more than a year ago in Oil States, several patent owners have brought …

Submit Your Comments: USPTO Proposes to Raise Inter Partes Review and Other Fees

On Wednesday, July 31, Acting Chief Financial Officer of the USPTO Sean Mildrew posted an announcement on the USPTO’s blog explaining the Office’s reasoning for its …
By IPWatchdog
14 days ago 26

Countering Cultural Appropriation Through Trademark Laws

Recent controversy surrounding Kim Kardashian's truncated move to trademark the term "Kimono" for her new line of undergarment shapewear has subsided, with Kardashian formally announcing that she …
By Dr. Dariush Adli
18 days ago 1

Designing Around a Patent as an Alternative to a License

Whenever a company finds itself in the cross-hairs of a cease-and-desist letter or patent infringement lawsuit, a license may not be a viable option. That is often …

Nantkwest Amici Urge SCOTUS Not to Shift Attorney’s Fees in Section 145 Appeals

This March, the U.S. Supreme Court granted a petition for writ of certiorarito take up Peter v. Nantkwest Inc., on appeal from the Court of Appeals …
By Steve Brachmann
20 days ago 0

Ninth Circuit Told They Should Stay Judge Koh’s Qualcomm Injunction

On July 15, retired Federal Circuit Chief Judge Paul Michel filed an amicus brief in Qualcomm’s appeal of the Federal Trade Commission’s (FTC) antitrust case to …
By Gene Quinn & Steve Brachmann
27 days ago 0

House Hearing Highlights China, E-Commerce Contributions to Cluttering of U.S. Trademark Register

At a hearing of the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet this morning, titled Counterfeits and Cluttering: Emerging Threats to the …
By Eileen McDermott
1 month ago 5

Consider the Courage of Judge Newman at the Federal Circuit

With more dissents than any other Federal Circuit Judge in history,  Judge Pauline Newman is driven by a need to safeguard our national system of innovation. Judge …
By Gene Quinn & Nancy Braman
1 month ago 10