Tag Archives: U.S. Supreme Court

U.S. v. Arthrex: A Battle for Power over Patent Judges

March 4, 2021 Patent

A fascinating aspect of the law is that something can be standard practice, or settled law, until a creative lawyer or court pulls it apart, turns it on its head, and a new paradigm is born. Think of Brown vs. the Board of Education, Miranda v. Arizona, or Citizens United v. Federal Election Commission. Each of these decisions […]

Supreme Court Decides Patent Death Squads are (at least partly) Constitutional

June 14, 2018 Patent

We previously described the evils of inter partes review, by which administrative panels within the USPTO kill issued patents with wild abandon.  Former Chief Judge Rader of the Federal Circuit Court of Appeals described inter partes review panels as ‘death squads killing property rights.’  A constitutional challenge to inter partes review was recently decided by the […]

Don’t Mess with Texas

July 14, 2017 Litigation, Patent

The Eastern District of Texas is a large rural Federal judicial district.  The biggest city is about the size of Allentown, Pennsylvania.  Not what you would expect of a hotbed of patent litigation.  Nonetheless, the Eastern District of Texas has dominated patent infringement litigation for years.  In the first quarter of 2017, patent plaintiffs filed […]

When is a Defense not a Defense?

April 7, 2017 Patent

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. […]

Ask Dr. Copyright … Are Fashion Designs Protectable?

December 8, 2016 Copyright

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 […]

It Was About time…

July 21, 2016 Patent

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 […]

Supreme Court Dabbles in Patent Law, Again

April 11, 2016 Litigation, Patent

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 […]

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