United States Supreme Court

This tag is associated with 7 posts

Patent Scholars Debate, But It Is What It Is

Back in September, Professor Mark Lemley began promoting his latest piece of scholarly work, entitled The Myth of the Sole Inventor.  Lemley set out to discover the truth about a theory of patents he apparently considers relatively fundamental. His piece begins: The theory of patent law is based on the idea that a lone genius … Continue reading

Global-Tech Appliances, SEB Argue Inducing Patent Infringement At Supreme Court

As previously reported, the Supreme Court heard oral arguments this week in Global-Tech Appliances, Inc. v. SEB, involving whether Pentalpha Enterprises induced infringement of SEB’s patent (4,995,312). The CAFC affirmed a verdict holding Pentalpha liable because it agreed the facts supported a showing that Pentalpha deliberately ignored the risk that its deep fryer infringed SEB’s … Continue reading

This Blog States The Obvious

Obviously, things that are obvious shouldn’t be patentable. Obvious improvements aren’t worthy of patents, instead being reserved for inventors who possess extra-ordinary skill, not merely every Tom, Dick and Harry to come up with something new … Unfortunately, figuring out how to actually prove something obvious has plagued the patent system for centuries. Engineering is … Continue reading

On The Qwest For A Single Actor – Infringement Of Distributed “Systems”

Yesterday, the CAFC offered another look into how your patents will be interpreted years after they’re drafted.  As I noted earlier regarding the Akamai decision, “there is a world of difference between the use or existence of a patented process, system, or product, and whether that use or existence actually infringes the patent.” Yesterday’s decision … Continue reading

USPTO Interprets Fed Circuit’s Bilski Interpretation – Everything Is Patentable (Again)

First the CAFC refused to invalidate RCT’s patent on halftoning greyscale images.  Next, they broadly applied Bilski to uphold a medical diagnostic patent.  While the rest of us wait to see if the Supreme Court will revisit the Bilski issue in 2011 (and while I’m apparently accused of “cheering” the earlier diagnostic opinion), it’s business … Continue reading

Supreme Court Decision Will Influence Patent Value Across The Board

In 2011, the Supreme Court will hear argument, and make a decision in Microsoft v. i4i about: Whether the invalidity defense provided for in the Patent Act, 35 U.S.C. § 28[sic], must be proved by clear and convincing evidence. That much you probably already know, but if you didn’t already, then check out Dennis Crouch’s … Continue reading

Punishment For Frivolous Patent Lawsuits

As the typically reluctant “participants” in NPE* patent litigation rejoice, Law.com proclaims “Federal Circuit Upholds $631,000 in Fees, Sanctions Against Patent Lawyer, Company.”  According to Sheri Qualters, The U.S. Court of Appeals for the Federal Circuit has upheld a lower court’s order that patent lawyer Jean-Marc Zimmerman and patent holding company Eon-Net pay $631,135.18 in … Continue reading

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