Justices Seem Split Down Party Lines as Chevron Nears Chopping Block
The U.S. Supreme Court heard oral arguments today in two cases that are challenging the so-called Chevron deference doctrine, which says courts should defer to administrative agencies’ interpretation...
View ArticleSupreme Court Skips Case on Individual Liability for Willful Trademark...
The U.S. Supreme Court today denied certiorari to Diamond J Wholesale, LLC, who petitioned the Court in December 2023 to clarify how individual liability for willful trademark infringement by a...
View ArticleSCOTUS Grants Solicitor General’s Bid to Argue in Case About Retrospective...
The U.S. Supreme Court today granted a request by the U.S. Solicitor General to participate in oral argument as an amicus in Warner Chappell Music v. Nealy, which challenges a circuit court ruling...
View ArticleLiquidia Urges SCOTUS to Restore Preclusive Effect to PTAB Final Written...
Last week, biopharmaceutical company Liquidia Technologies filed a petition for writ of certiorari with the U.S. Supreme Court to appeal a Federal Circuit ruling that affirmed induced infringement...
View ArticleLaw School Amici Urge SCOTUS to Grant Kroger Petition on Trademark Confusion...
Three law school faculty and students filed an amicus brief earlier this week urging the U.S. Supreme Court to reverse a trademark decision of the U.S. Court of Appeals for the Seventh Circuit...
View ArticleSupreme Court Denies Five IP Petitions on Issues from IPR Joinder to...
On February 20, the U.S. Supreme Court issued an order list that denied petitions for writ of certiorari filed in at least five intellectual property cases. While none of these cases induced large...
View ArticleDIG, Dogs and Bad Wine: Justices Float Scrapping Warner Chappell to Consider...
Oral arguments took place today in Warner Chappell Music v. Nealy, a case that asks whether a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the...
View ArticleRader’s Ruminations: The Most Striking (and Embarrassing) Legal Mistake in...
The most striking (and embarrassing) mistake of law in modern patent law history occurred in the case of eBay Inc. v. MercExchange, 347 U.S. 388 (2006). This mistake led to an alarmingly incorrect...
View ArticleUSPTO Issues Updated Obviousness Guidance Tracing 15 Years of Case Law...
On February 27, the U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register providing updated guidance for agency decision-makers on making proper determinations of...
View ArticleRader’s Ruminations – Patent Eligibility, Part 1: The Judge-Made ‘Exceptions’...
In supreme irony, the U.S. Supreme Court lists the three exceptions to statutory patent eligibility in Chakrabarty, Diamond v. Chakrabarty, 447 U.S. 303 (1980) — the case most famous for the...
View ArticleRader’s Ruminations – Patent Eligibility II: How the Supreme Court Ignored...
The Supreme Court has never quite grasped the distinction between patent eligibility and patentability. Eligibility involves entire subject matter categories or fields of inventive enterprise, like the...
View ArticleRader’s Ruminations – Patent Eligibility III: Seven Times the Federal Circuit...
The U.S. Supreme Court’s flimsy eligibility jurisprudence offers the U.S. Court of Appeals for the Federal Circuit (CAFC) several “softball pitches” to avoid a patent bloodbath. To date, the Federal...
View ArticleSCOTUS (Unsurprisingly) Declines Invitation to Clarify Alice
The U.S. Supreme Court on Monday, April 1, dismissed a petition asking the Court to revisit and clarify its seminal holding in Alice v. CLS Bank. The petition stems from a 2023 U.S. Court of Appeals...
View ArticleSCOTUS Won’t Review District Courts’ Authority to Award Sanctions
The U.S. Supreme Court on Monday denied a petition that challenged the U.S. Court of Appeals for the Ninth Circuit’s decision that found a district court had authority to impose $36 million in...
View ArticleNewman’s Counsel Says Supreme Court’s Agreement with Her Dissent Proves...
The U.S. Supreme Court today reversed an en banc decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) in which Judge Pauline Newman dissented, a development Newman’s lawyers say belies...
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