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Tag: SCOTUS

SCOTUS Won’t Review Tribal Immunity To Inter Partes Review

On Monday, the Supreme Court denied certiorari in the Saint Regis Mohawk v. Mylan case, bringing to a close a nearly 18-month-long attempt to sell tribal sovereign immunity as a shield against the int...

PTAB Will Continue To Double-Check Its Work—All Of It

Today, the Supreme Court issued two opinions in cases focused on the inter partes review (IPR) procedure.  First, in Oil States v. Greene’s Energy Group, the Court upheld the constitutionality of I...

SCOTUS Will Decide Whether Foreign Infringement Can Create Lost Profits

Last Friday, the Supreme Court granted certiorari in WesternGeco v. ION Geophysical.  Essentially, the case asks whether, when components for a patented process or machine are manufactured in the U.S...

SCOTUS Taking Case On Partial Institution Of IPRs

One of the biggest changes coming out of the 2011 America Invents Act (AIA) was the creation of the inter partes review (IPR) procedure, which allows people to challenge the validity of patents after ...

CCIA Files Amicus Brief in CLS Bank, Urging Supreme Court to Adopt a New Test on Patent-Eligibility of Software

Today, CCIA filed an amicus brief in the U.S. Supreme Court in Alice Corp. v. CLS Bank.  CLS Bank is one of six patent cases this term, including two that were heard yesterday.  For more backgroun...

Will SCOTUS Do Anything About Fee-Shifting?

Yesterday, the U.S. Supreme Court heard arguments in two related patent cases, Octane Fitness LLC v. ICON Health & Fitness LLC and Highmark Inc. v. Allmark Health Management Systems. Both cases ha...

Tell Me Again Why We Have a Federal Circuit?

The Supreme Court just issued a decision in the Medtronic case, and it was a unanimous reversal of the Federal Circuit. Since the Supreme Court first reviewed a patent decision by the Federal Circuit ...

SCOTUS Takes on Patents in a Big Way

Updated (1/23/14): Medtronic has been decided. The Federal Circuit was unanimously reversed. You can read the opinion here. At the end of last week, the Supreme Court granted petitions for certiorari...

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