Posts Tagged: US Supreme Court
Supreme Court Hears Helsinn v. Teva: Does On-Sale Bar Capture Secret Sales
On the morning of Tuesday, December 4th, the U.S. Supreme Court held oral arguments in the case of Helsinn Healthcare S.A. v. Teva Pharmaceutical USA (…
Supremes Deny101 Appeal Dealing with Electronic Data and Electromagnetic Signals
On Monday, December 3rd, the U.S. Supreme Court denied a petition for writ of certiorari in Carl M. Burnett v. Panasonic Corporation, declining to take up …
Supreme Court Refuses to Take SSL Services v. Cisco, Will Not Answer Question on Multiple Proceedings Rule at PTAB
In its petition for writ, SSL Services argued that the PTAB’s decision to institute the IPR incorrectly denied the application of 35 U.S.C. § 325(d), the …
Constitutional Separation of Powers & Patents of Invention: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC
Despite potentially relevant Supreme Court precedent in Thomas and Granfinanciera, the better view under the weight of Supreme Court precedent with respect to patent validity, absent the …
China’s Actions on Copyrights Suggest Increasing Support of IP Rights
These headlines are further proof that China, long known as and still considered to be a major international contributor to IP theft and piracy issues, has taken …
Use of the Book of Wisdom in Reasonable Royalties
Courts consistently focus on the availability of non-infringing substitutes as of the date of the hypothetical negotiation. In most of the cases reviewed, the determination of available …
Supreme Court to Determine if Bankruptcy Code Allows Debtor to Terminate Trademark License Rights
The U.S. Supreme Court has agreed to hear Mission Product Holdings Inc. v. Tempnology, LLC on appeal from the Court of Appeals for the First Circuit. …
Does the Supreme Court even appreciate the patent eligibility chaos they created?
At the beginning of this decade the United States Supreme Court embarked on a path that would ultimately result in a significant re-writing of the law of …
Supreme Court Refuses Another 101 Patent Eligibility Appeal
REAL argued in its petition that step two of the Alice test used to determine invalidity under Section 101 requires questions of fact that were never asked by …
Unintelligible and Irreconcilable: Patent Eligibility in America
The Alice/Mayo framework does not mandate a conclusion, it tolerates – even enables – whatever conclusion the decision maker prefers. This is allowed because of a universe of …
Boston Patent Law Association Announces Support for IPO-AIPLA Section 101 Legislative Fix
The Boston Patent Law Association (BPLA) has announced its support for a proposal for a legislative fix to 35 U.S.C. § 101, the statute governing basic patentability in …
Supreme Court to Determine if Federal Government Is a ‘Person’ Eligible to Petition the PTAB
The case will ask the highest court in the nation to determine whether the federal government is a person who may petition the Patent Trial and Appeal …
Eleventh Circuit Finds No Valid Copyright in Official Code of Georgia Annotated
An analysis of the Official Code of Georgia Annotated led the appellate court to find that the annotations, while not having the force of law, are part …
Harmonizing the PTAB: Iancu calls change to Phillips ‘critically important’
"It seems self-evident that the same patent contested in different tribunals should have its meaning – its boundaries – determined using the same standard," Director Iancu said when discussing …
Can the Federal Circuit use Rule 36 Affirmances in PTAB Appeals?
Inventor advocacy group US Inventor recently filed an amicus brief with the U.S. Supreme Court asking the nation’s highest court to grant a petition for …
