The Supreme Court issued its long-awaited decision Monday in United States v. Arthrex, Inc., Nos. 19-1434, -1452, -1458. Although a majority of the Court held that Congress’s statutory scheme violated the Constitution, the...more
6/22/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
As many readers know, the Supreme Court just granted a petition for certiorari in Minerva Surgical, Inc. v. Hologic, Inc. The case asks the Supreme Court to abolish the doctrine of assignor estoppel. But the Supreme Court...more
Over the past several months, we’ve looked at what Federal Circuit cases the Supreme Court has and hasn’t reviewed, and how often the Supreme Court agrees with each Federal Circuit judge. Today, we got another data point with...more
On the same day that patent challengers breathed a sigh of relief once the Supreme Court upheld the constitutionality of inter partes review (IPR) in Oil States, the Court also threw a monkey wrench into the way IPRs will be...more
After the biggest challenge yet to the Patent and Trademark Office’s popular inter partes review proceedings, the name of the game is largely “same old” for today’s Supreme Court decision in Oil States Energy Services, LLC v....more
The United States Supreme Court decided today that: (1) the United States Patent and Trademark Office (PTO) acted within its rulemaking authority by adopting the rule that patent claims must be given their “broadest...more
6/21/2016
/ Administrative Proceedings ,
America Invents Act ,
Appeals ,
Broadest Reasonable Interpretation Standard ,
Chevron Deference ,
Claim Construction ,
Cuozzo Speed Technologies v Lee ,
Final Judgment ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Standard of Review ,
USPTO
The 2015 Changes to the Federal Rules Matter for Your Patent Case and Tech Business: Getting in the Courthouse Door Just Got Tougher -
It used to be that a complaint for patent infringement would survive a motion to...more
4/22/2016
/ America Invents Act ,
Anti-Monopoly ,
Broadest Reasonable Interpretation Standard ,
Copyright Infringement ,
Cuozzo Speed Technologies v Lee ,
FRAND ,
Germany ,
Huawei ,
Injunctions ,
Inter Partes Review (IPR) Proceeding ,
Japan ,
Japan Fair Trade Commission (JFTC) ,
Judicial Review ,
Motion to Dismiss ,
Patent Infringement ,
Patents ,
Pleading Standards ,
SCOTUS ,
Standard Essential Patents ,
USPTO ,
Websites ,
ZTE
Not so fast: the United States Supreme Court is set to review the America Invents Act’s (“AIA”) fast-track inter partes review (“IPR”) process. On January 15, 2016, the Supreme Court granted certiorari in Cuozzo Speed...more
1/21/2016
/ America Invents Act ,
Broadest Reasonable Interpretation Standard ,
Certiorari ,
Cuozzo Speed Technologies ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patent Infringement ,
Patents ,
Rulemaking Process ,
SCOTUS ,
USPTO