Posts Tagged: US Supreme Court


Other Barks & Bites, Friday, November 15: SCOTUS to Hear Booking.com Trademark Case, AG Barr Backs FCC Plan Against Huawei and ZTE, Copyright Office Eliminates Physical Material Submission Options

This week in Other Barks & Bites: the Federal Circuit strikes down a district court’s finding of design patent infringement on summary judgment; the USPTO advises trademark …
By IPWatchdog
3 days ago 1

SCOTUS Petition: Stats Show Losing Patent Owner-Appellants Have a 66% Chance of Being Rule-36ed Versus 18% for Losing Petitioner-Appellants

Chestnut Hill Sound, Inc. has filed a petition asking the U.S. Supreme Court to consider whether the Federal Circuit’s disparate practice with respect to issuing …
By IPWatchdog
5 days ago 9

Oral Arguments in Allen v. Cooper Pit Court Precedent Against Rising Tide of State Copyright Infringement

The Supreme Court heard oral argument in Allen v. Cooper (Case No. 18-877) on Monday, November 5, 2019. Petitioner Allen claims that the State of North Carolina infringed his …

Other Barks & Bites, Friday, November 8: SCOTUS Hears Allen v. Cooper Copyright Case, U.S. Government Sues Gilead, Amici Submit Briefs to CAFC in Chrimar

This week in Other Barks & Bites: the Trump Administration sues Gilead for infringement over HIVE PrEP treatment patents; Senators Inhofe and Wicker ask President Trump to show …
By IPWatchdog
10 days ago 0

The Search for the ‘Inventive Concept’ and Other Snipe Hunts

Everybody in the patent world is talking about the latest atrocity from the Federal Circuit known as the American Axle decision, but few actually appreciate the true …

‘It Is a Mess’: Recapping the U.S. Patent System’s Race Toward Uncertainty

What I tried to do for this presentation is figure out in about seven or eight minutes how I could convey to you what's really going on …
By Gene Quinn
11 days ago 9

Constitutional Law Scholars Weigh in on Arthrex

The Arthrex decision caused considerable confusion and excitement among the patent bar last week, partly because the issue decided by the Federal Circuit was a constitutional, and …
By IPWatchdog
12 days ago 3

The Final Plea for 101 Sanity? Athena Amici Ask Supreme Court to Clean Up U.S. Patent Eligibility Mess

November 1 was the deadline for filing amicus briefs to the U.S. Supreme Court, which is considering whether to grant a petition for writ of certiorari to …
By Steve Brachmann
13 days ago 5

The Athena Amici Weigh In: Knowles/Addy Brief Dissects Five Critical Inconsistencies in Eligibility Law

On November 1, Meredith Addy of AddyHart P.C. and I submitted an Amici Curiae brief to the U.S. Supreme Court on behalf of Freenome Holdings and …
By Sherry Knowles
14 days ago 29

Federal Circuit Says PTAB Judges Are Not Constitutionally Appointed

The U.S. Court of Appeals for the Federal Circuit, in an opinion authored by Judge Moore, has ruled that the current statutory scheme for appointing Administrative …
By IPWatchdog
17 days ago 34

Trading Technologies, ChargePoint Ask High Court for Help with Federal Circuit’s Conflicted Approach to Patent Eligibility

Trading Technologies International, Inc. (TT) has filed a second petition with the U.S. Supreme Court asking it to review a Federal Circuit holding that computer-implemented inventions …

To Truly Help the USPTO, Congress Must First Stabilize Patent Law

The Senate Judiciary Committee’s Subcommittee on Intellectual Property is holding a hearing on October 30 to discuss the quality of patents issued by the USPTO. This hearing …
By Russell Slifer
20 days ago 12

Patent Eligibility of Diagnostic Tools: Utility as the Key to Unlocking Section 101

A petition for certiorari was filed on October 1 in the case of Athena Diagnostics v. Mayo Collaborative Services asking the question: "Whether a new and specific method …
By N. Scott Pierce
22 days ago 26

Civil Debate is a Fair Request, But False Narratives are Harming U.S. Innovation

Yesterday, we published a response from Daniel Takash, the Regulatory Policy Fellow at the Niskanen Center’s Captured Economy Project, asking for a more civil IP debate. …
By Gene Quinn
24 days ago 12

WIPO Report Validates Fears About U.S. Patent Decline

Each year the World Intellectual Property Organization releases a report titled World Intellectual Property Indicators. The latest edition of the report, the 2019 version, is a look back …
By Gene Quinn
27 days ago 31