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Recent Posts
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- Repeat Copyright Plaintiff (Who Is Also Attorney Who Represents Himself) Hit With $172,173 Award For Losing Copyright Case
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- Supreme Court Holds That Booking.Com May Be A Trademark
- Post-Judgment Discovery Revealing Party As Judgment-Proof Shell Company Warrants Re-Opening Case And Joining New Parties (Including Party’s Owners and Law Firm)
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Category Archives: U.S. Supreme Court
Supreme Court Rules that “Confidential” Sales of Invention to Third Parties Place Invention “On Sale” for Prior Art Purposes
On January 22, 2019, the U.S. Supreme Court issued its unanimous decision (available here) in Helsinn Healthcare v. Teva Pharmaceuticals. Under United States law, a person cannot receive a patent on an invention that was “in public use, on sale, … Continue reading
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Supreme Court Says that Entitlement to “Full Costs” Under Copyright Act Means “Costs” Specified In General Costs Statutes, Not Expert Witness, E-Discovery, or Jury Consulting Costs
On March 4, 2019, the Supreme Court issued its unanimous decision in Rimini Street v. Oracle (available here). At issue was whether the Copyright Act’s provision that “the court in its discretion may allow the recovery of full costs by … Continue reading
Posted in Costs, U.S. Supreme Court
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Supreme Court Rejects “Wholly Groundless” Arbitrability Exception – Arbitrators Alone Are To Decide Threshold Question Of Arbitrability When Parties Delegate Arbitrability Decision To Arbitrator
On January 8, 2019, the Supreme Court issued its unanimous opinion in Henry Schein v. Archer & White (available here). At issue was whether, when the parties to an arbitration agreement have agreed that an arbitrator, rather than a court, … Continue reading
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US Supreme Court Says Patent Owners May Recover Foreign Damages In Certain Instances
On June 22, 2018, the US Supreme Court issued its opinion in WesternGeco LLC v. ION Geophysical Corp. (available here). Under 35 U. S. C. § 271(f)(2), a company can be held liable for patent infringement if it ships components … Continue reading
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US Supreme Court Rules That PTAB Must Issue Decision On All Challenged Patent Claims If PTAB Institutes Review
On April 24, 2018, the US Supreme Court issued its opinion in SAS Institute Inc. v. Iancu (available here). The Court held that “[w]hen the Patent Office institutes an inter partes review, it must decide the patentability of all the … Continue reading
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US Supreme Court Upholds Constitutionality of Inter Partes Reviews in Oil States
On April 24, 2018, the US Supreme Court issued its opinion in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC (available here). The Court held that inter partes review is constitutional and violates neither Article III nor the … Continue reading
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PTAB Rejects Sovereign Immunity Defense In View Of Pending Litigation Brought By Sovereign
Proving that even a broken clock is right twice a day, the PTAB in Ericsson v. Regents of the University of Minnesota (decision available here), rejected Minnesota’s sovereign-immunity defense to PTAB proceedings instituted by Ericsson (note: my firm represents Ericsson, … Continue reading
Posted in Developing Law, U.S. Supreme Court
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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
Posted in Developing Law, U.S. Supreme Court
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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
Posted in Developing Law, U.S. Supreme Court
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