Tag Archives: U.S. Supreme Court

Now For a Riddle: When is a Defense not a Defense?… (Pause for effect)… Answer – When the Supreme Court says it’s not. Not so many years ago, patents were very powerful.  A patent owner was entitled to a court order stopping infringement almost as a matter of course whenever the patent owner proved infringement. […]

Dear Doc: RAH, RAH, REE, KICK ‘EM IN THE KNEE RAH, RAH, RASS, KICK ‘EM IN THE OTHER KNEE!!!!! YAAAAAAYYYYY! GO TEAM!!!!! Uh…oh yeah! I got a question… I know that clothes can’t be protected by registering a copyright in them, but what about all those fancy stripes, circles, and doodads on my little cheerleader […]

for the Supreme Court to restore some balance to the patent system. The power of patents has eroded over the last decade, with the Supreme Court concluding that an infringer can only be enjoined from infringing in rare circumstances (Ebay v MercExchange) that pretty much any process that does not require a machine is not patentable […]

The first general rule is that whenever the Supreme Court accepts a patent case, it will reverse the lower court decision and change the law.  The second general rule is that whenever the Supreme Court decides a patent case the law is left in worse shape than it was before. This time, the Supremes have […]