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 Supreme Court's recent forays into patent law cases have evinced a tendency towards statutory construction analysis, whether regarding substantive law (see, e.g., WesternGeco LLC v. ION Geophysical Corp. (2018); Sandoz Inc. v. Amgen Inc. (2017); Impression Products, Inc. v. Lexmark International, Inc. (2017); TC Heartland LLC v. Kraft Foods…
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By Kevin E. Noonan — Last week, the Supreme Court denied certiorari to Regeneron Pharmaceuticals in its appeal of the Federal Circuit's decision in Regeneron Pharmaceuticals v. Merus that affirmed the District Court's decision that the claims of Regeneron's patent-in-suit were unenforceable due to inequitable conduct in the patent's procurement. In so doing the Court…
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By Kevin E. Noonan – Yesterday, the Supreme Court granted certiorari on Helsinn Healthcare's petition to overturn the Federal Circuit's decision in Helsinn Healthcare v. Teva Pharmaceuticals that its patents were invalid by application of the on-sale bar under 35 U.S.C. 102(b). The Question Presented in the petition was as follows: Whether, under the Leahy-Smith America…
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By Kevin E. Noonan and George "Trey" Lyons, III — On Friday, the Supreme Court reversed the judgment of the Federal Circuit in WesternGeco LLC v. ION Geophysical Corp. Justice Thomas (joined by Chief Justice Roberts and Justices Kennedy, Ginsburg, Alito, Sotomayor, and Kagan) held that, based on the "focus" of 35 U.S.C. § 284…
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By Kevin E. Noonan — "You consider that to be important?" he asked."Exceedingly so.""Is there any point to which you would wish to draw my attention?""To the curious incident of the dog in the night-time.""The dog did nothing in the night-time.""That was the curious incident," remarked Sherlock Holmes. "The Adventure of the Silver Blaze," The…
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By Andrew Williams — Earlier today, the Supreme Court held in Oil States Energy Services, LLC v. Greene's Energy Group, LLC that inter partes review proceedings do not violate Article III or the Seventh Amendment of the Constitution. Justice Thomas, writing for the 7-2 majority, explained that a grant of a patent is a matter…
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By Kevin E. Noonan — The Supreme Court reversed the judgment of the Federal Circuit today in SAS Institute Inc. v. Iancu. In a rare close decision in patent cases, Justice Gorsuch (joined by the Chief Justice and Justices Kennedy, Thomas, and Alito) provided a textual explication of the inter partes review (IPR) statute in…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen 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 11th annual list of top patent stories. For 2017, we identified nineteen 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 11th annual list of top patent stories. For 2017, we identified nineteen 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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