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Archive for the ‘Supreme Court’ Category

Supreme Court to Consider Civil Procedure Issues in Two Patent Cases By Marina Shvarts – Edited by Dorothy Du Hyatt v. Kappos, 625 F.3d 1320 (Fed. Cir. 2010) Petition for Writ of Certiorari hosted by scotusblog.com Caraco Pharm. Labs., Ltd. v. Novo Nordisk A/S, 601 F.3d 1359 (Fed. Cir. 2010) Petition for Writ of Certiorari hosted by scotusblog.com In Kappos v. Hyatt, the Court will consider whether a patent applicant who is seeking to overturn a Patent and Trademark Office (“PTO”) ... Read More...
Posted On Jul - 13 - 2011 Comments Off READ FULL POST
Supreme Court Holds California Ban on Violent Video Games Violates First Amendment By Raquel Acosta – Edited by Dorothy Du Brown v. EMA, No. 08-1448 (June 27, 2011) Slip Opinion via supremecourt.gov The Supreme Court affirmed a Ninth Circuit decision that had found that a California law that restricted the sale or rental of violent video games to minors did not comport with the First Amendment and permanently enjoined its enforcement. Justice Scalia delivered the opinion of the Court.  In ... Read More...
Posted On Jul - 5 - 2011 Comments Off READ FULL POST
by Vivian Tao House Passes Patent Reform Bill; Senate and House Versions To Be Reconciled A few months after the American Invents Act had passed in the Senate, the House voted to pass its version of the bill this week. The controversial bill would overhaul certain areas of the patent system, such as switching from a first-to-invent to a first-to-file system. However, according to Patent Docs, the ACLU and other groups are more concerned that passage of the bill could ... Read More...
Posted On Jun - 27 - 2011 Comments Off READ FULL POST
Supreme Court Holds Bayh-Dole Act Does Not Independently Vest Ownership to Federally Funded Contractors By Daniel Robinson – Edited by Esther Kang Bd. of Tr. of Leland Stanford Junior Univ. v. Roche Molecular Sys., Inc., 563 U.S. ____ (June 6, 2011) Slip Opinion (via supremecourt.gov) The Supreme Court affirmed the Federal Circuit, which had held that the Bayh-Dole Act did not void an inventor’s assignment of intellectual property rights to a company. The Court held in a 7-2 decision that ... Read More...
Posted On Jun - 16 - 2011 Comments Off READ FULL POST
Supreme Court Affirms Clear and Convincing Standard for Patent Invalidity Defenses By Samantha Kuhn – Edited by Esther Kang Microsoft Corp. v. i4i Ltd. P’ship, No. 10–290 (U.S. June 9, 2011) Slip Opinion (via supremecourt.gov) On June 9, the Supreme Court affirmed a district court’s jury instructions requiring that the evidence of patent invalidity be “clear and convincing” for the invalidity defense against infringement to be successful. In a unanimous decision, the Supreme Court held that the presumption of validity ... Read More...
Posted On Jun - 15 - 2011 Comments Off READ FULL POST
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