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Supreme Court Upholds University of Texas Affirmative Action Admissions Policy

The Supreme Court has rejected a challenge under the Equal Protection Clause to the University of Texas at Austin’s race-conscious admissions program in Fisher v. University of Texas at Austin (“Fisher II”). This...more

Supreme Court Defers to the Patent Office on Institution and Management of Post-Grant Proceedings

In Cuozzo Speed Technologies, LLC v. Lee, the Supreme Court handed a victory to the Patent Office, affirming its broad discretion in the institution and management of post-issuance proceedings created by the Leahy-Smith...more

Federal Circuit Expands Scope of Liability for Divided Infringement

The Federal Circuit, sitting en banc in Akamai Technologies, Inc. v. Limelight Networks, Inc., this week adopted a new standard governing divided infringement under 35 U.S.C. § 271(a). The new standard is likely to enhance...more

Divided Federal Circuit Panel Upholds Patent Office’s “Broadest Reasonable Interpretation” Standard for Construing Claims in...

In a 2-1 decision in In re Cuozzo Speed Technologies LLC, No. 14-1301 (Fed. Cir. Feb. 4, 2015), the Federal Circuit recently held that the Patent Office may apply the “broadest reasonable interpretation” standard to construe...more

Supreme Court Decision Invites More Challenges to Patent Claims as Indefinite

On Monday, in Nautilus Inc. v. Biosig Instruments, the United States Supreme Court unanimously set aside the Federal Circuit’s indefiniteness standard, potentially easing the way for defendants to invalidate ambiguous patent...more

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