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Supreme Court of the United States › Patent Trolls

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
McDonnell Boehnen Hulbert & Berghoff LLP

A Step-by-Step Approach to Patent Subject Matter Eligibility Reform

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There is a belief in some quarters that the most significant barrier to patent subject matter eligibility reform is an implacable opposition by companies in the high tech sector because those companies are convinced that the...more

International Lawyers Network

Patent Troll Suits Down, Not Out in 2018

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Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and...more

Fenwick & West LLP

SCOTUS Upholds IPRs as Constitutional, May Leave Opening for Challenges to Certain IPRs

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Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene’s Energy Group, and the U.S. Supreme Court this week...more

Bass, Berry & Sims PLC

U.S. Supreme Court Upends Nearly 30 Years of Patent Venue Law

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Yesterday, the U.S. Supreme Court issued its much-anticipated decision in TC Heartland LLC v. Kraft Foods Group Brands LLC officially reinstating a more restrictive standard for where patent holders can file patent...more

Foley & Lardner LLP

The Supreme Court Reverses Decades-Old Venue Precedent and Re-affirms Fourco

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Setting up a major shift in patent litigation, the Supreme Court in T.C. Heartland LLC v. Kraft Foods Group Brands LLC, today rejected the long-standing Federal Circuit precedent of VE Holding Corp. v. Johnson Gas Appliance...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Preview -- TC Heartland LLC v. Kraft Foods Group Brands LLC

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Next week, on Monday March 27, the Supreme Court will hear oral arguments in the TC Heartland LLC v. Kraft Foods Group Brands LLC case. This case involves the interpretation of the current patent venue statute. And while...more

Burr & Forman

Supreme Court to Hear "The Republic of Texas is No More"1 Patent Venue Case; A Potential Blow to Patent Trolls

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Many patent holders, including patent trolls, have long preferred the federal courts of the Eastern District of Texas because they have the reputation for being "plaintiff friendly." In 2016, 1668 patent cases were filed in...more

Womble Bond Dickinson

Fearing Trolls, Some “Friends of the Court” Turn to Laches for Solace While Others Urge Reversal in SCA Hygiene v. First Quality...

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On November 1st, the Supreme Court will hear oral arguments to decide whether “Raging Bull” applies in patent litigation. At issue is whether and to what extent a laches defense may bar a claim for damages in patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Fantastical World of Justice Stephen Breyer

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In a recent book entitled Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck, author Adam Cohen examines the case of Buck v. Bell, where Justice Oliver Wendell Holmes wrote that "[t]hree...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Supreme Court to Review Enhanced Damages -- Octane Revisited, or Something Entirely Different?

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On October 19, 2015, the Supreme Court granted certiorari in two related cases: Halo Electronics, Inc. v. Pulse Electronics, Inc. (Supreme Court docket number 14-1513) and Stryker Corp. v. Zimmer, Inc. (Supreme Court docket...more

Dentons

Attorneys' Fees May be Easier to Obtain in Lanham Act Cases Post-Octane Fitness

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Intellectual property litigation is expensive for both the plaintiff and defendant. However, because defendants are required to defend themselves in a lawsuit—in comparison to a plaintiff who has the choice to file and...more

Mintz

No One Told John Oliver About the America Invents Act: Last Week Tonight Stuck in 2012

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The heady days of 2012 saw “Gangnam Style” dominate the U.S. music charts, Patricia Krentcil rocket to fame as the “New Jersey Tanning Mom,” and the New York Giants win the Super Bowl. That year also is the source of nearly...more

Moore & Van Allen PLLC

Congress Takes Up Patent Litigation Reform – Innovation Act Reintroduced, Supreme Court Cases Examined

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Congress v SCtPatent litigation reform has been on the U.S. House Judiciary Committee agenda, with the recent reintroduction of legislation seeking to address patent litigation abuses and a hearing examining recent U.S....more

CMCP - California Minority Counsel Program

SCOTUS Tightens Patent Standards for Computer-Implemented Inventions

CMCP - California Minority Counsel Program on

At a time when patent application filings and litigation proceedings for computer-implemented inventions have reached all-time highs, this summer the U.S. Supreme Court issued a highly anticipated opinion addressing the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2014: #10 to #7

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After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list of top patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more

McDonnell Boehnen Hulbert & Berghoff LLP

More Misinformation Regarding the Patent System and Non-Practicing Entities

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The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Teva v. Sandoz -- Is Deferential Review a Boon for Patent Trolls?

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On Wednesday, the Supreme Court will hear oral arguments in the Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. case to determine whether appellate courts should afford any deference to a trial court's claim construction...more

Perkins Coie

United States: IP and Antitrust

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United States antitrust law seeks to encourage free and open competition by preventing exclusionary conduct that threatens the competitive process. Intellectual property rights (IPR) laws, by contrast, are designed to...more

Winstead PC

Victims of Patent Trolls Get Re-Sharpened Weapon in their Defense

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Fee-shifting in patent infringement suits has been authorized by statute since 1952, for application in “exceptional cases.” For the past nine years, that statute has not often been applied as a result of the Federal...more

Bradley Arant Boult Cummings LLP

Patent Litigation Fee-Shifting

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In April, the Supreme Court reshaped the patent litigation landscape with its Octane Fitness, LLC v. Icon Health & Fitness and Highmark, Inc v. Allcare Health Management System, Inc., rulings. The statute at issue in both...more

Ladas & Parry LLP

Supreme Court Decisions on Award of Attorney Fees in Patent Cases

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Two decisions of the U.S. Supreme Court on April 29, 2014 may have an impact on the “patent trolls” debate by changing the rules relating to the award of attorney fees to a winning party in litigation relating to patent...more

JD Supra Perspectives

Are Patent Trolls Likely to Become More Circumspect in Filing Strategies After Recent SCOTUS Opinions?

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The recent Octane Fitness and Highmark, Inc. opinions, both authored by Justice Sotomayor after unanimous holdings by the United States Supreme Court, were a welcome development for corporate defendants in patent infringement...more

Foley & Lardner LLP

Increased Supreme Court Focus on Patent Jurisprudence

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In 2013, the Supreme Court decided three patent cases. By June of 2014, it is expected that there will have been six more decisions in patent cases. This week alone, there have been oral arguments heard or decisions released...more

Bond Schoeneck & King PLLC

IP & Technology Newsletter (Spring 2014)

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In this issue: - Special Report: US Supreme Court Will Decide Key IP Cases in 2014 - Patent Litigation: Strategies to Battle NPEs: Lessons from the Front Lines - Design Patents: The Federal Circuit...more

Jackson Walker

Supreme Court Makes It Easier To Seek Sanctions For Frivolous Patent Suits

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The Supreme Court issued decisions in two cases yesterday that will make it easier for defendants to seek sanctions against non-practicing entities or any other entity for abusive patent litigation. In Highmark Inc. v....more

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