Posts Tagged: US Supreme Court


Proving A Patent Invalid: The Burden is on the Challenger

When an individual or company challenges the validity of a patent, “the burden of establishing invalidity of a patent or any claim thereof shall rest on the …
By Daniel Vojcak
1 day ago 1

Beware Waiver: Recovery Not Permitted on Damages Theories Not Presented/Preserved at Trial

In Promega Corporation v. Life Technologies Corporation, on remand from the Supreme Court, the Federal Circuit affirmed district court rulings that granted Life Technologies’ motion for judgment …

The Constitutional Underpinnings of Patent Law

The United States Constitution grants to the Congress the power to grant patents. The relevant portion of the Constitution is Article I, Section 8, clause 8. This clause uses …
By Gene Quinn
5 days ago 19

When all else fails, consult the statute!

Specifically, the petition presents the question: is patent ineligibility under 35 U.S.C. § 101, which Congress did not codify in 35 U.S.C. § 282(b), not a cognizable defense …
By Lewis Hudnell
5 days ago 4

Predicting Oil States in Advance of SCOTUS Oral Arguments

The United States Supreme Court will hear oral arguments in Oil States v. Greene's Energy Group on Monday, November 27, 2017. This case will give the Supreme Court its …
By Gene Quinn
7 days ago 41

Why SAS Institute Matters More Than Oil States

Oil States Energy Services LLC v. Greene’s Energy Group, LLC, now scheduled for oral argument before the Supreme Court on November 27, is clearly receiving all the …
By David Thibodeau
11 days ago 11

Double jeopardy at the PTAB forces Allergan and others to seek sovereign immunity defenses

The PTAB subjects all patent owners to double jeopardy, but the situation is particularly bad for pharmaceutical companies which already have to face a Congressionally-mandated validity review …
By Steve Brachmann
17 days ago 0

Choosing Between Patents and Trade Secrets, A Discussion Worth Revisiting

Patenting and secrecy are the two major methods of protecting technology that supports competitive advantage. Trade secrets protect a wide range of confidential information, ranging from customer …
By James Pooley
18 days ago 5

AIA and PTAB Unconstitutional Under the Public Rights Doctrine

Only Article III courts can provide a fair, neutral and unbiased forum for assessment of patent validity. For over two hundred years, patent validity, patent infringement and …
By Neal Solomon
24 days ago 24

For A Trial Court Peering Through The Looking Glass, Everything Appears Abstract

Many district courts have interpreted Alice as authorizing invalidation of issued patents as “abstract” based solely on the pleadings. They have done so even where the invalidation …
By Meredith Addy
24 days ago 5

Lex Machina Q3 litigation update shows effects of TC Heartland, Oil States on patent case filings

Although patent litigation levels through the first nine months of 2017 have largely remained consistent with patterns from recent years, it does appear that the number of patent …
By Steve Brachmann
27 days ago 1

Questions Raised by the Lexmark Decision

Licensing a product instead of selling it may also be a tool for avoiding international patent exhaustion. It is common to distribute software via license, and this …
By Robert Stoll
1 month ago 8

Tax Reform to Revive the American Innovation Culture

The U.S. patent promise of exclusivity has become nothing more than lip service with no credibility for more than half a century. A patent system maintained …
By Jianqing Wu, Ph.D.
1 month ago 3

Private Rights and the Sanctity of an Independent Judiciary

There appears to be a consistent pattern of public rights cases from Murray’s Lessee to Stern. Congress may establish a public right, separate from actions that …
By Neal Solomon
1 month ago 3

The Modern Public Rights Doctrine

The modern public rights jurisprudence flows from Atlas Roofing in 1977 to Stern in 2011. Although the case law does not provide a straight line, there is a consistent …
By Neal Solomon
1 month ago 38