Patent Law Weblog
recent posts
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
- Federal Circuit Refuses to Switch District Court’s Finding for Nintendo
- Supreme Court to Resolve Dispute Over Marketing of “Skinny Labeled” Generics
- Solicitor General Proves Persuasive; Supreme Court Grants Hikma’s Certiorari Petition
- CNIPA Implements Inventor ID Requirement
about
Category: Supreme Court
-
By Michael Borella — The Ultramercial story is not over. In the latest step of a controversial case involving 35 U.S.C. § 101 that has been ongoing since 2009, patentee Ultramercial has petitioned the Supreme Court for a writ of certiorari. The parties' first two attempts to obtain high court review of currently-invalidated U.S. Patent…
-
By Kevin E. Noonan — The Supreme Court handed down its decision in Commil USA, LLC v. Cisco Systems, Inc. today and in doing so reprised several themes that have emerged over the past decade of the Court's activist approach to patent law. The Court reversed the Federal Circuit (albeit technically that court's decision was…
-
By Kevin E. Noonan — Any observer of the interaction between the Federal Circuit and the Supreme Court over the past decade has recognized that the Court has become increasingly critical of the Federal Circuit's patent jurisprudence and of patents and patent law in general. This attitude approaches disdain in many instances, for example when…
-
By Kevin E. Noonan — It has escaped almost no one's notice that the Supreme Court has spent the past decade or so being much more involved in patent law than in the preceding twenty years. Evident but perhaps less discussed is the change in the nature of how U.S. patent law is now developed…
-
By Kevin E. Noonan — The recent history of Supreme Court patent cases has made the dissent a seemingly endangered species, the Court consistently deciding important patent cases by 9-0 votes and, at best, garnering concurring opinions for Justices to further set forth their views. In the Teva v. Sandoz decision this trend came to…
-
Is Deference in Claim Construction Review a Good Thing for the Patent System? By Andrew Williams — As we reported earlier today, the Supreme Court held in a 7-2 decision authored by Justice Breyer that an "appellate court must apply a 'clear error,' not de novo, standard of review" to the evidentiary underpinnings of a…
-
By Andrew Williams — In a 7-2 decision authored by Justice Breyer, the Supreme Court held today that an "appellate court must apply a 'clear error,' not de novo, standard of review" to the evidentiary underpinnings of a district court's claim construction determination. Teva Pharmaceuticals USA, Inc. v. Sandoz Inc., No. 13-854, slip op. at…
-
By Donald Zuhn — After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list oftop patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on patent practitioners and applicants. …
-
By Donald Zuhn — 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 believe had (or are likely to have) the greatest impact on patent practitioners and…
-
By Donald Zuhn — 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 believe had (or are likely to have) the greatest impact on patent practitioners and…
Patent Docs 