Posts Tagged: US Supreme Court
NetSoc Appeals to SCOTUS, Claiming Improper Analysis of Social Network Patent Nixed Under 101
On April 5, NetSoc LLC filed a petition for a Writ of Certiorari to the Supreme Court of the United States (SCOTUS) after losing its appeal in the …
The View from the Court’s 2 Live Crew: Examining the Thomas/Alito Dissent in Google v. Oracle
Most commentators agree that Google v. Oracle is the most important copyright decision of the last 25 years (since Campbell v. Acuff-Rose Music). But what if the Court …
The Upshot of Google v. Oracle: An Absurd Ruling Will Lead to Absurd Results
For every action there is an equal and opposite reaction, or so states Newton’s third law of motion. It is safe to say that Newton never …
Stakeholders Speak Out on Google v. Oracle
On Monday, the U.S. Supreme Court handed down a ruling that still has many in the intellectual property world reeling—and not just copyright practitioners. The …
License to Copy: Your Software Code Isn’t Safe After Google v. Oracle
In characteristic form, the Supreme Court has once again managed to blow it in another intellectual property case. This time, the Justices blessed Google's copying of Oracle's …
Computer Programs are Different, Says SCOTUS in Landmark Ruling that Google’s Use of Oracle’s API Packages Was Fair
The U.S. Supreme Court this morning found Google’s use of Oracle’s Java application programming interface (“API packages”) a fair use as a matter of …
Despite ‘Tortured’ Statement from FTC’s Slaughter, Win for Qualcomm is a Win for American Innovation
The Federal Trade Commission’s (FTC’s) March 26 deadline for filing a petition for writ of certiorari at the U.S. Supreme Court has come and gone, …
Balancing Innovation and Competition: Thomas Jefferson’s View of Obviousness for Mechanical Inventions
You cannot get a patent for an invention if it would have been obvious to a person of ordinary skill in the art at the time. This …
Professors Tell SCOTUS to Correct the CAFC’s ‘Profound Misunderstanding’ in American Axle Case
In one of six amicus briefs filed this week in American Axle & Manufacturing v. Neapco Holdings, LLC—the closely-watched Section 101 patent eligibility case involving driveshaft automotive technology—…
Amici and Practitioners Attempt to Read the Arthrex Tea Leaves
Yesterday, the Supreme Court heard oral arguments in the most closely-watched patent case of the term, United States / Smith & Nephew v. Arthrex. IPWatchdog reached out to some …
SCOTUS Dubs PTAB/APJ Structure a ‘Rare Bird’, Pushes for Workable Remedies in Arthrex Oral Arguments
The Justices of the U.S. Supreme Court today heard arguments in United States/ Smith & Nephew v. Arthrex, in which the Court will decide whether the administrative …
Tillis, Michel, and Kappos File Amici Curiae in American Axle at Supreme Court
On Monday,, March 2, an Amici Curiae Brief in Support of the Petition by American Axle was filed by Senator Thom Tillis, Honorable Paul Michel and Honorable David …
NYIPLA Tells SCOTUS to Scrap CAFC’s ‘Per Se’ Approach to Assignor Estoppel in Minerva v. Hologic
Minerva Surgical, Inc. petitioned the Supreme Court of the United States (SCOTUS) in September 2020 to consider the question “whether a defendant in a patent infringement action who …
Dyk Splits from CAFC Panel on Application of Collateral Estoppel to Inter Partes Reexaminations
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday held that the Patent Trial and Appeal Board (PTAB) incorrectly found certain claims of …
Getting Ready for Arthrex: What the Amici Are Saying
The U.S. Supreme Court has agreed to hear, on March 1, 2021, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.…
