Posts Tagged: US Supreme Court


Judge Paul Michel presents supplemental testimony on PTAB reforms to the House IP subcommittee

To fix the current incarnation of the U.S. patent system and reinvigorate the American economy, Judge Michel called upon the House IP subcommittee to adopt seven …
By Steve Brachmann
16 hours ago 11

Crossing the Chasm: Avoiding and Surviving the PTAB

In 2012, the American Invents Act established three new administrative procedures: post grant review (PGR), inter-partes review (IPR), and covered business method patent (CBM) review. In each of …

A review of enhanced damages since Halo: Minimizing potential exposure to enhanced damages

Since the Supreme Court’s decision in Halo, there have been approximately 100 cases analyzing whether the adjudged infringer acted egregiously/willfully en route to a determination of …
By Theodore Chiacchio
6 days ago 0

Patent owners negatively impacted by PTAB file amicus brief with SCOTUS in support of Oil States

A few dozen amici briefs have been filed in the case, including one filed on August 30th by 39 patent owners affected by PTAB activities in support of …
By Steve Brachmann
7 days ago 3

Trademark a Band Name: What’s in a Rock Band’s Name?

While it is possible to copyright the design of a band logo, the band name itself is not copyrightable (see here and here). Band names are protectable …
By Amanda G. Ciccatelli
10 days ago 0

A Patents as Property Rights History Lesson

Several of the briefs address the absurdity currently being advanced, claiming patents are so-called “public rights.” This novel notion — more in line with Karl Marx than John …
By James Edwards
13 days ago 17

What Changes Result from the Supreme Court Decision in TC Heartland?

Unfortunately, the answer may be not as much as many expected. Right after the decision there were 350 motions to transfer or dismiss in the EDTX. But the …
By Robert Stoll
14 days ago 2

Gary Shapiro takes self-righteous stand against patent trolls despite obvious bias in favor of infringers

It is difficult to witness people like Gary Shapiro self-righteously railing against the patent system when they stand to gain from weakened patent rights... Shapiro continues on …
By Steve Brachmann
21 days ago 15

USPTO Navigates New Territory In The Wake of Matal v. Tam

The USPTO issued Examination Guide 01-17 on Monday, June 26, 2017, entitled “Examination Guidance for Section 2(a)’s Disparagement Provision after Matal v. Tam and Examination for Compliance with …

Is being called a ‘patent troll’ defamatory? NH inventor files suit against banking industry to find out

In a New Hampshire State Superior Court, this so-called 'patent troll' has decided to fight back. Automated Transactions and Dave Barcelou have filed a defamation complaint against …
By Steve Brachmann
1 month ago 23

Do You Know How to Protect What’s Yours?

In the wake of recent judicial and legislative developments, protecting “what’s yours” has become even more complex. Many businesses and intellectual property lawyers have appropriately favored …
By Amanda G. Ciccatelli
1 month ago 1

Leveraging copyright protection for design aspects of useful products

Instead of using claims of trademark infringement and more expensive design patent infringement (if a design patent is even obtained), one can expect manufacturers of useful articles …
By Amanda G. Ciccatelli
1 month ago 2

Infringer Profits in Design Patent Cases

In the calculation of design patent infringer profits, two key issues are the definition of the article of manufacture and the methodology for calculating total infringer profits... …
By Mark Pedigo
2 months ago 0

Revising Section 101 of the Patent Act: What’s at Stake?

These revisions favor patent owners, according to Palmer, but not everyone is supportive. For instance, Bilski, Mayo, Myriad, and Alice have given several accused infringers an additional …
By Amanda G. Ciccatelli
2 months ago 23

What TC Heartland v. Kraft Food Group Brands Means for Patent Infringement Suits

Under the Federal Rules of Civil Procedure, a party waives its right to assert a defense of improper venue when it fails to raise the defense in …
By Jennifer Tempesta
2 months ago 3