Category Archives: U.S. Supreme Court

Judge Kinkeade Denies Motion to Stay Pending IPR Review

On September 11, 2017, Judge Kinkeade denied (in an electronic order available here) a motion to stay pending inter partes review. Judge Kinkeade found that the “reasons supporting a stay of this case are speculative and that [the moving party] … Continue reading

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Impression Products v. Lexmark: Supreme Court (Again) Cuts Back Patent Rights

On May 30, 2017, the Supreme Court issued its decision in Impression Products v. Lexmark (available here). The Court decided two issues. First, if a patentee sells an item under an express restriction on the purchaser’s right to reuse or … Continue reading

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Supreme Court Allows Trademark Registration Of “Derogatory” Terms

On June 19, 2017, the Supreme Court issued its decision in Matal v. Tam (available here). In Tam, a band applied for a federal trademark registration of the band’s name, “The Slants.” “Slants” is a derogatory term for persons of … Continue reading

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Supreme Court’s Biosimilar Decision in Sandoz v. Amgen

On June 12, 2017, the Supreme Court issued its decision in Sandoz v. Amgen (available here). The Court interpreted 42 U. S. C. § 262(l), enacted as part of the Biologics Price Competition Act of 2009 (BPCIA). The BPCIA governs … Continue reading

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Stuck in Dodge? Can You Challenge Venue In Patent Cases Under TC Heartland If You Previously Failed to Contest Venue?

As I previously noted, the Supreme Court’s recent TC Heartland decision dramatically curtailed where patent holders can sue defendants for infringement. Prior to TC Heartland, under the Federal Circuit’s decisions (dating back to 1990 in VE Holding), patent owners could … Continue reading

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The Party’s Over: The Death of Patent Cases In the Eastern District of Texas

Today, the Supreme Court released its much-anticipated decision in TC Heartland v. Kraft Foods (decision available here). The Supreme Court reversed decades of Federal Circuit case law that essentially allowed a patent-infringement defendant to be sued wherever it sold the … Continue reading

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Supreme Court Rules That Designs On Surface Of Cheerleading Uniforms Are Copyright Eligible

On March 22, 2017, the Supreme Court issued its decision in Star Athletica v. Varsity Brands (decision available here). The Court held that the arrangement of “lines, chevrons, and colorful shapes appearing on the surface of [] cheerleading uniforms” are … Continue reading

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Goodbye Laches Defense In Patent Cases

On March 21, 2017, the Supreme Court issued its decision in SCA Hygiene Products v. First Quality Baby Products (decision available here). In SCA, the patent owner accused the defendant of infringement in 2003. The defendant responded, claiming that the … Continue reading

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Supreme Court’s Life Technologies v. Promega Decision

On February 22, 2017, the Supreme Court issued its Life Technologies v. Promega decision (available here). The Patent Act (Section 271(f)(1)) prohibits the supply from the United States of “all or a substantial portion” of the components of a patented … Continue reading

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Supreme Court Unanimously Reverses Federal Circuit’s $399 Million Decision in Samsung v. Apple

On December 6, 2016, the Supreme Court issued its (unanimous) opinion in Samsung v. Apple (decision available here). The opinion involved the proper amount of damages for infringement of a design patent. Under 35 U.S.C. § 289, a person who … Continue reading

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