Tag Archive for Supreme Court

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 IPR by a 7-2 vote.  Second, in a more narrowly divided 5-4 decision in SAS v. Matal, the Court decided that the PTAB’s practice…

A Big Day For The PTO—And A Good Day

On Monday, the Supreme Court heard arguments in two separate cases regarding inter partes review (IPR)—Oil States v. Greene’s Energy and SAS Institute v. Matal.  In both Oil States and SAS, the Court appears to be sympathetic to the Patent Office’s arguments—and that’s good for everyone. Oil States The Oil States case focuses on whether…

The Special Nature Of Venue In Patent Law

TC Heartland continues to impact the world of patent litigation.  I haven’t run the numbers yet on what’s happened since the decision came down, but just having read through the list of cases filed, the Eastern District of Texas certainly has seen a reduction in cases filed. Tomorrow morning, the House Judiciary Committee’s Subcommittee on…

TC Heartland Attacks The Heart Of Patent Forum Shopping

The Supreme Court decided TC Heartland v. Kraft on Monday.  The decision addresses a procedural point with huge effects on patent litigation.   The Problem The basic problem before this case was that it was very easy to pick the court you wanted to sue someone in; it’s called “forum shopping.”  And (if you’re a…

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 they’ve issued.  Today, the Supreme Court granted certiorari to determine whether an IPR can be “instituted” on only some of the…

Samsung v. Apple: A Funny Thing Happened on the Way to the Court

(Cross-posted at Huffington Post) A funny thing happened on the way to the Supreme Court in yesterday’s Samsung v. Apple design patent dispute. The high court was expected to review the lower court’s award of the entire profits made for 11 different smartphone models — just under $400 million. Coming into the argument, it looked…

A Quick Update on Commil v. Cisco

Oral argument in Commil v. Cisco was held this morning. You can get the transcript here, and read all of the briefs here. I’m speaking on a panel about the case this afternoon at American University. Here’s a quick summary: Commil is a patent troll that sued Cisco for inducing infringement of its patent that…