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
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Category: Supreme Court
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By Kevin E. Noonan — The Federal Circuit during 2019 and 2020 has issued a spate of decisions on the proper application of the Doctrine of Equivalents (see, e.g., UCB, Inc. v. Watson Laboratories Inc. and Galderma Laboratories, L.P. v. Amneal Pharmaceuticals LLC) and its related limiting doctrines, prosecution history estoppel (Amgen Inc. v. Coherus…
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By Kevin E. Noonan — In the Supreme Court's recent clarifying campaign through the Federal Circuit's U.S. patent law jurisprudence, one section of the statute, 35 U.S.C. §112(a) has been noticeably left unscathed. Indeed, avoidance of this statutory section continues a pattern that has existed since the 1952 Patent Act was enacted. It is not…
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By Joshua Rich — The Computer Fraud and Abuse Act ("CFAA") is a Federal criminal statute intended to protect government and other "protected computers" from hacking. Among other things, the CFAA serves as the basis for punishing anyone who "intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains . . .…
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By Kevin E. Noonan — Today, in Thryv, Inc. v. Click-to-Call Technologies, LP, the Supreme Court ruled that the provisions of 35 U.S.C. § 315(b), which preclude a petitioner from filing an inter partes review petition more than one year after being served with a complaint alleging infringement, are barred from judicial review under 35…
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By Kevin E. Noonan — In a decision containing not a small amount of whimsy (more regarding that aspect anon), Justice Kagan, joined almost unanimously by her brethren today upheld a State's (here, North Carolina) sovereign immunity against suit for copyright infringement, in Allen v. Cooper. The case (and the whimsy) arose over Petitioner Allen's…
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By Kevin E. Noonan — Mallinckrodt filed a certiorari petition with the Supreme Court last week, over the Federal Circuit panel decision (by Chief Judge Prost joined by Judge Dyk; Judge Newman dissented on the issue before the Court in this petition) affirming dismissal of a suit by Mallinckrodt's subsidiary, iNO Pharmaceuticals, in iNO Therapeutics…
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By Kevin E. Noonan — Recently, the Federal Circuit has taken up issues relating to infringement under the doctrine of equivalents (DOE) and a related doctrine, prosecution history estoppel (PHE), that limits the scope of equivalents that can be asserted under DOE. See, e.g., Pharma Tech Solutions, Inc. v. Lifescan, Inc.; Amgen Inc. v. Coherus…
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By Kevin E. Noonan — The Supreme Court today entered orders denying certiorari in all five cases having petitions on subject matter eligibility, including Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC; Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc., and Berkheimer v. HP Inc. It can only be concluded that the Court is comfortable with…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 13th annual list of top patent stories. For 2019, we identified fifteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 13th annual list of top patent stories. For 2019, we identified fifteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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