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Archive for the ‘Supreme Court’ Category

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
Supreme Court Adopts “Willful Blindness” Standard for Induced Infringement By Raquel Acosta – Edited by Matt Gelfand Global-Tech Appliances, Inc. v. SEB S. A., 563 U. S. ____ (May 31, 2011) Slip Opinion The Supreme Court affirms the result but not the “deliberate indifference” standard used by the Federal Circuit. In an 8-1 decision the Supreme Court held that, under 35 U. S. C. § 271(b), inducement of infringement requires that a defendant have knowledge that the acts they induced ... Read More...
Posted On Jun - 10 - 2011 Comments Off READ FULL POST
Microsoft argues for a lower burden of proof for patent invalidity where prior art wasn’t before the PTO By Abby Lauer – Edited by Matt Gelfand Microsoft Corp. v. i4i Ltd. P’ship, No. 10-290 (U.S. 2011) Transcript of Oral Arguments On April 18, 2011, the Supreme Court heard oral arguments in Microsoft Corp. v. i4i Ltd. P’ship, a case involving a dispute over the evidentiary standard that must be met by a patent challenger in order to overcome the presumption ... Read More...
Posted On Apr - 22 - 2011 Comments Off READ FULL POST
By Andrew Crocker Supreme Court to Hear “Major Test of Copyright Power” SCOTUSblog reports that the Supreme Court has granted certiorari in Golan v. Holder to consider a challenge to the federal law that restored U.S. copyrights to certain foreign works that had previously been in the public domain. The petitioners are “orchestra conductors, educators, performers, film archivists, and motion picture distributors” who claim to have relied upon the formerly public domain works. The petitioners have twice appealed to, and ... Read More...
Posted On Mar - 13 - 2011 Comments Off READ FULL POST
David Hosp and Ed Weiss offer their perspectives on the Cablevision case By Paul Cathcart – Edited by Ryan Ward On Thursday, November 4th, JOLT and the Cyberlaw Clinic at the Berkman Center for Internet and Society hosted a talk by David Hosp and Ed Weiss, two attorneys who worked on opposite sides of the “Cablevision” case, Cartoon Network v. CSC Holdings, 536 F.3d 121 (2008). In that case, the Second Circuit held that Cablevision’s “Remote Storage” Digital Video Recorder ... Read More...
Posted On Nov - 7 - 2010 Comments Off READ FULL POST
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