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Supreme Court of the United States › Jurisdiction › 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 -
Snell & Wilmer

Supreme Court Asked to Clarify Activities that Give Rise to Specific Personal Jurisdiction

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In Impossible X LLC v. Impossible Foods Inc., Impossible Foods recently filed an opposition to Impossible X’s petition for certiorari, which asks the Supreme Court to decide (1) whether some disputes should require so-called...more

Mintz - Intellectual Property Viewpoints

Can Enablement and Written Description Bars be Lower for Method-Of-Treatment Patent Claims?

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Patent offices may reject a patent application with claims reciting using a composition to treat a disease, based on the requirement that the claimed treatment is not fully supported by the application. In the U.S., such...more

Dorsey & Whitney LLP

The Supreme Court Update - May 18, 2023

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Today, the Supreme Court of the United States issued six decisions: Amgen Inc. v. Sanofi, No. 21-757: This case addressed the Patent Act’s “enablement” requirement—the provision that requires a patent applicant to describe...more

Fitch, Even, Tabin & Flannery LLP

Pendent Venue: What Is It, and Can You Still Rely on It?

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Venue, in the context of the federal law, refers to the judicial district in which a case can be heard. Venue must be established for each cause of action in a case. In most federal civil litigation, proper venue is...more

Nutter McClennen & Fish LLP

WesternGeco LLC v. ION Geophysical Corp.: Supreme Court to Determine Lost Profits Damages Arising from Patent Infringement:...

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Q: Could you explain the significance of the upcoming Supreme Court case WesternGeco LLC v. ION Geophysical Corp.? Ronald E. Cahill: WesternGeco will address extraterritorial reach and a specific type of infringement...more

Nutter McClennen & Fish LLP

WesternGeco LLC v. ION Geophysical Corp.: Supreme Court to Determine Lost Profits Damages Arising from Patent Infringement:...

Nutter McClennen & Fish LLP on

Q: Could you explain the significance of the upcoming Supreme Court case WesternGeco LLC v. ION Geophysical Corp.? Ronald E. Cahill: WesternGeco will address extraterritorial reach and a specific type of infringement under...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - August 2017

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Data Breach Lawsuits Continue to Fill the Courts - Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against...more

Fenwick & West LLP

Key SCOTUS Decisions in Tech – First Half 2017

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Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more

Jones Day

Jones Day’s Review of Business-Related Cases in the Supreme Court’s October Term 2016

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During what many have labeled a “quiet Term,” the U.S. Supreme Court, working with only eight justices for most of the session, still delivered at least 30 rulings of particular interest to business and industry. These...more

McDermott Will & Emery

Federal Circuit Dismisses Premature Appeal of Pre-Judgment Interest Award

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The US Court of Appeals for the Federal Circuit dismissed an appeal brought by an adjudged infringer because the district court had not determined or specified the means for determining the amount of pre-judgment interest....more

Akin Gump Strauss Hauer & Feld LLP

New Life for Venue Challenges under TC Heartland after Rule 12 Motions Are Concluded

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In a May 23, 2017 Text Order, the District Court for the Central District of Illinois directed the parties sua sponte to brief the impact of the Supreme Court’s May 22, 2017 decision in TC Heartland LLC v. Kraft Foods Group...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit:

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The big news this week (and it is particularly big news in Tyler and Marshall, Texas) is that the ?Supreme Court rules that a defendant “resides” for purposes of the patent venue statute only ?where the defendant actually ?is...more

Smith Anderson

T.C. Heartland Leaves Open Patent Venue Questions

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The words “venue” and “headline news” are typically not found in the same sentence. Yet the United States Supreme Court’s decision in T.C. Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017) managed to achieve...more

McDonnell Boehnen Hulbert & Berghoff LLP

University of Utah v. Max-Planck-Gesellschaft Zur Foerderung der Wissenschatfen E.V. (Fed. Cir. 2017)

McDonnell Boehnen Hulbert & Berghoff LLP on

Despite the Supreme Court's admonition, in Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Mgmt. Sys., Inc., that attorney's fees and other measures of enhanced damages be granted, in a...more

McDermott Will & Emery

ANDA Update - October 2015

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Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Knobbe Martens

Federal Circuit Review | June 2015

Knobbe Martens on

Accused Infringer’s Good-Faith Belief In Invalidity No Defense To Induced Infringement - In Commil USA, LLC v. Cisco Systems, Inc., No. 13-896, the Supreme Court held a good-faith belief a patent is invalid is not a...more

McCarter & English, LLP

Losing The Home-Team Advantage – The Supreme Court’s Narrowing of the Doctrine of General Personal Jurisdiction and its Impact on...

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A recent Supreme Court opinion in a non-patent case, Daimler AG v. Bauman, likely will have a far-reaching impact on the prevalence of patent declaratory judgment actions. In the past, an accused patent infringer often could...more

Moore & Van Allen PLLC

The ‘‘Burden’’ of Patent Infringement: Supreme Court Holds That Burden of Proof Remains With Patentee Even in Declaratory Judgment...

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The Supreme Court of the United States has made it clear that the traditional canons of litigation — including those involving jurisdiction and which party bears the burden of proof — hold true in patent cases, even those...more

Foley & Lardner LLP

The Supreme Court: Cases to Watch in the October 2013 Term

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This week marks the first Monday in October, which for Supreme Court watchers is a holiday: the start of a new term. While not everyone gets that excited about the new term, there are several cases that the Court intends to...more

McDermott Will & Emery

IP Update, Vol. 16, No. 9, September 2013

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Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

McDonnell Boehnen Hulbert & Berghoff LLP

University of Utah v. Max-Planck-Gesellschaft zur Forderung der Wiessenschaften e.V et al. (Fed. Cir. 2013) Hidden Field

McDonnell Boehnen Hulbert & Berghoff LLP on

The Federal Circuit, in a split decision, affirmed denial of motions to dismiss on jurisdictional grounds and Federal Court joinder rules in University of Utah v. Max-Planck-Gesellschaft zur Forderung der Wiessenschaften e.V...more

Knobbe Martens

Gunn v. Minton: The Supreme Court's Correction of the Federal Circuit's Overly Broad Assertion of Jurisdiction Over State-Law...

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For nearly two decades, the Federal Circuit has applied a lenient standard for federal jurisdiction that routinely sweeps state law claims into the exclusive jurisdiction of the federal courts merely because the claims...more

McDermott Will & Emery

IP Update, Vol. 16, No. 2, -- February 2013

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In This Issue: Patents - Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the...more

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