Posts Tagged: US Supreme Court


Supreme Court: PTAB Institution Decisions Cannot Be Appealed, Even on the Basis of Time-Bar Challenges

In an opinion authored by Justice Ginsburg, the Supreme Court ruled today that Section 314 (d) of the U.S. Patent Act, which bars judicial review of Patent …
By Eileen McDermott
1 month ago 12

Chrimar Amici to High Court: Fix Fresenius to Restore Faith in the U.S. Patent System

Three amici have weighed in supporting Chrimar Systems, Inc.’s petition for certiorari to the U.S. Supreme Court and urging the High Court to clarify the …
By Eileen McDermott
2 months ago 0

Time to Fix U.S. Innovation Policy to Ensure We’re Prepared for the Next Pandemic

"The COVID-19 crisis has once more highlighted the need for incentivizing investment and innovation—and thus, for patent laws that duly “promote” and protect such “progress,” precisely …
By Gene Quinn
2 months ago 14

Will the Supreme Court Keep Kicking the Can or Stop It by Addressing Arthrex?

On April 6, Arthrex, Inc. filed a petition for certiorari in the U.S. Supreme Court on two discrete patent issues. Notably, one of the issues raised in …
By Bradley Olson
2 months ago 6

Golden v. United States Shows That the Federal Circuit Overstepped Its Bounds in Celgene

Last week, in Golden v. United States, the Federal Circuit again rejected the argument that the cancellation of a patent in an America Invents Act (AIA) post-grant …

Pandemics and the Need for U.S. Patent Laws That ‘Promote … Progress’ and Invention: The Federal Circuit, En Banc, Can Fix This

The COVID-19 crisis has once more highlighted the need for incentivizing investment and innovation—and thus, for patent laws that duly “promote” and protect such “progress,” precisely …

Amici Urge Supreme Court to Grant Celgene’s Petition on Constitutionality of Retroactive IPRs

Law professors recently filed an amicus brief in support of the Celgene's petition for writ of certiorari to take up Celgene Corp v. Peter on appeal from …
By Rebecca Tapscott
2 months ago 6

How Misaligned Incentives Are Now Killing Us

Today, like so much of the rest of the world, the United States is faced with many shortages due to the coronavirus pandemic, including personal protective equipment, …
By Andrew Berks & Gene Quinn
2 months ago 19

A Cosmic Copyright Conundrum: ‘Star Trek,’ Space Force, SCOTUS and Blackbeard’s Shipwreck

Earlier this week, the Supreme Court handed down its ruling in Allen v. Cooper, which relates to photos and videos of the sunken remains of the Queen …
By Yitzchak Besser
2 months ago 3

USPTO Urges Supreme Court to Reverse in Now-Delayed Booking.com Case

On March 13, the United States Patent and Trademark Office (USPTO) filed a reply brief urging the Supreme Court on to reverse a judgment of the U.S. …
By IPWatchdog
2 months ago 7

The IP Bar Weighs in on CAFC Denial of Arthrex Rehearing

Yesterday, the U.S. Court of Appeals for the Federal Circuit denied rehearing en banc in Arthrex v. Smith & Nephew. Five of the 12 Federal Circuit judges wrote …
By Eileen McDermott
2 months ago 3

Federal Circuit Will Not Reconsider Arthrex Appointment Clause Ruling

The U.S. Court of Appeals for the Federal Circuit has denied rehearing en banc in Arthrex v. Smith & Nephew, a decision that made the Patent Trial …

Supreme Court Says State of North Carolina is No Copyright Pirate in Blackbeard Ruling

Blackbeard and his band of pirates pillaged and plundered up and down North Carolina’s Outer Banks more than 300 years ago, inspiring stories (both true and fictional) …
By Kristin Lamb
2 months ago 3

Judge Paul Michel to Patent Masters Attendees: It’s Time to Wake Up to Preserve Our Patent System

Retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit Paul Michel told registrants of IPWatchdog’s Virtual Patent Masters program taking place …
By Eileen McDermott
3 months ago 14

Chrimar Asks Supreme Court to Decide Whether PTAB Can Reverse Final Article III Judgments

Earlier this week, Chrimar Systems, Inc. filed a petition for certiorari asking the U.S. Supreme Court to take up a case on appeal from the U.…
By IPWatchdog
3 months ago 6