Supreme Court of the United States Patents

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 -
News & Analysis as of

Supreme Court Reverses § 271(f)(1) Ruling in Biotech Case

In Life Technologies Corp. v. Promega, the Supreme Court reversed the Federal Circuit’s interpretation of 35 U.S.C. § 271(f)(1), and held that a single component does not constitute a “substantial portion of the components of...more

Supreme Court: Supplying a Single Component of a Patented Invention from the U.S. Is Not Infringement Under Section 271(f)(1)

Today, in Life Technologies Corp. v. Promega Corp., the Supreme Court held that a single component of a patented invention, even if “important,” does not trigger liability for infringement under Section 271(f)(1) of the...more

Supreme Court Limits Overseas Contributory Liability

The U.S. Supreme Court today issued its decision in Life Technologies Corp. v. Promega Corp. In a substantially unanimous (7-0) ruling, the Court held that supplying a single component of a multicomponent invention for...more

Enhanced Damages for Willful Infringement

Proving willful patent infringement became easier after the Supreme Court in Halo rejected the rigid two-part Seagate test for willful infringement, thereby removing a significant hurdle to an award of enhanced damages. In...more

The Apple May Not Fall Far from the Fashion Industry

In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012,...more

Intellectual Property Bulletin - Winter 2017

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

TC Heartland v. Kraft: Awaiting a 2017 Supreme Court Decision with Potentially Significant Implications for Patent Litigation

Patent litigation continues to be concentrated in a small number of venues. Of the 4530 patent cases filed in 2016, for example, patentees chose the Eastern District of Texas more than one third of the time (1661 cases). In...more

Supreme Court Grants Certiorari in Amgen v. Sandoz

On January 13, 2017, the Supreme Court granted certiorari in Amgen v. Sandoz, 794. F.3d 1347 (Fed. Cir. 2015) and Sandoz v. Amgen, 773 F.3d 1274 (Fed. Cir. 2014), appealed from the Federal Circuit. The petitions involve the...more

Surviving Alice in the Finance Arts

The U.S. Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank (“Alice”)[i] has had a dramatic impact on the allowability of computer implemented inventions, especially in the finance arts (e.g. insurance, banking, etc.). ...more

"2016-17 Supreme Court Update"

In a season of political surprises, the eight-member U.S. Supreme Court has stirred no controversy with its decisions so far this term. The handful of opinions the Court released in the fall were unanimous and, for the most...more

Eli Lilly & Co. v. Teva Parenteral Medicines, Inc. (Fed. Cir. 2017)

From the nadir of the Supreme Court's allegations that the Federal Circuit "fundamentally misunderstood" the law of inducing infringement in Limelight Networks, Inc. v. Akamai Technologies, Inc., the nation's specialized...more

Biosimilars: Supreme Court Grants Certiorari in Amgen v. Sandoz

On Friday, January 13, the Supreme Court granted certiorari in Amgen v. Sandoz (Nos. 15-1039 & 15-1195). The Supreme Court originally deferred its decision on the parties’ certiorari petitions in order to consider the...more

This Year’s Top Ten IP Cases

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

Supreme Court Will Judge Biosimilar Patent Dance

The U.S. Supreme Court has agreed to review some of the patent dispute resolution provisions of the Biologics Price Competition and Innovation Act (BPCIA). The Court granted certiorari in the dispute between Amgen and Sandoz,...more

Supreme Court to Consider Biologics Price Competition and Innovation Act

On Friday, Jan. 13, the Supreme Court granted the appellant’s petition and the respondent’s cross-petition for a writ of certiorari in Sandoz Inc. v. Amgen Inc. This is the first time the Court will construe the Biologics...more

Breaking News: Supreme Court Grants Petition and Cross-Petition for Certiorari in Amgen v. Sandoz

The Supreme Court has granted Sandoz’s petition for certiorari, and Amgen’s cross-petition for certiorari in Amgen v. Sandoz. The Order is excerpted below and can be found here...more

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

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

IP Law December Developments: What to Expect in the Future

December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more

For Design Patent Damages, “Article of Manufacture” Not Necessarily Entire End Product

Justice Sotomayor, writing for a unanimous Supreme Court of the United States, held that for purposes of determining damages for design patent infringement under 35 USC § 289, the relevant “article of manufacture” may include...more

Supreme Court May Overturn 25-Year Precedent on Forum Shopping

Last week, the Supreme Court accepted an invitation to weigh in on the hotly contested issue of forum shopping. What the Court decides next could dramatically impact patent litigation throughout the nation....more

Supreme Court to Review Forum Shopping in Patent Infringement Litigation

In a development that may signal a major change in patent litigation practice, the U.S. Supreme Court has granted certiorari to hear a challenge to the rules governing where patent owners can file infringement actions against...more

U.S. Supreme Court Substantially Devalues Design Patent Damages on Multicomponent Products: What Design Patent Holders Need to...

The U.S. Supreme Court in a unanimous 8-0 opinion reversed and remanded to the U.S. Court of Appeals for the Federal Circuit an award to Apple, Inc. of $399 million of Samsung Electronics Co., Ltd.'s total profits on...more

Supreme Court to Decide Patent Infringement Suit Venue Issue with Potentially Immense Implications

The U.S. Supreme Court this week granted TC Heartland, LLC’s (“Heartland’s”) petition for a writ of certiorari regarding the patent infringement venue statute, 28 U.S.C. § 1400(b). Heartland appealed the Federal Circuit’s...more

U.S. Supreme Court Grants Certiorari to Review Patent Venue Statute

On December 14, 2016, the Supreme Court granted certiorari in TC Heartland, LLC v. Kraft Foods Group Brands LLC. The question presented is: Whether 28 U.S.C. § 1400(b) is the sole and exclusive provision governing...more

SCOTUS clarifies damages analysis for design patents, reversing landmark damage award

In another rebuke of the Federal Circuit, the Supreme Court reversed an appellate decision that upheld an award of almost $400 million resulting from Samsung’s alleged infringement of three design patents covering aspects of...more

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