Congress in writing laws is faced with a dilemma. On the one hand the laws must be sufficiently clear and specific to enable enforcement, but on the other, the myriad of circumstances that can arise make it impossible to...more
Inexorable, inevitable, and regrettable are three words that come to mind with publication from the Report from Special Committee of the Federal Circuit (composed of Chief Judge Moore and Judges Prost and Taranto)...more
The Honorable Pauline Newman, Circuit Judge for the U.S. Court of Appeals for the Federal Circuit, has been battling her suspension from the Court imposed by the Judicial Council for two years (including proceedings leading...more
It has been a remarkable feature of the Federal Circuit's suspension of the Honorable Judge Pauline Newman that few have taken a stand publicly on the propriety of the suspension (something the Judge herself recently...more
It has been a remarkable feature of the Federal Circuit's suspension of the Honorable Judge Pauline Newman that few have taken a stand publicly on the propriety of the suspension (something the Judge herself recently...more
In a decision that will surprise no one who has followed the situation in the past six months (see "Federal Circuit Special Committee Recommends One-Year Suspension of Judge Newman"), the Judicial Council of the Federal...more
The efforts to have Judge Pauline Newman, Circuit Judge on the Court of Appeals for the Federal Circuit, unfit or guilty of misconduct have been the subject of reporting in the patent blogosphere (Patently-O, IP Watchdog),...more
5/22/2023
/ Article III ,
Constitutional Challenges ,
Due Process ,
Fifth Amendment ,
First Amendment ,
Fourth Amendment ,
Gag Orders ,
Judges ,
Judicial Misconduct ,
Probable Cause ,
Removal For-Cause ,
Separation of Powers
Ever since institution of the post-grant review proceedings enacted under the Leahy-Smith America Invents Act were implemented by the U.S. Patent and Trademark Office (through the newly constituted Patent Trial and Appeal...more
The Supreme Court heard argument on Monday in U.S. v. Arthrex, involving the question of whether appointment of Administrative Patent Judges (APJs) and their authority under the Leahy-Smith America Invents Act violates the...more
3/4/2021
/ Administrative Patent Judges ,
America Invents Act ,
Appointments Clause ,
Constitutional Challenges ,
Director of the USPTO ,
Due Process ,
Inferior Officers ,
Patent Trial and Appeal Board ,
Patents ,
Principle Officers ,
SCOTUS ,
United States v Arthrex Inc
Arthrex recently filed a(nother) certiorari petition with the Supreme Court, this time in Arthrex, Inc. v. Smith & Nephew, Inc., which has also been the subject of petitions from the U.S. government and Smith & Nephew. (This...more
7/20/2020
/ Administrative Patent Judges ,
America Invents Act ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Congressional Intent ,
Constitutional Challenges ,
Due Process ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patents ,
Petition for Writ of Certiorari ,
SCOTUS ,
Severability Doctrine
The procedural niceties of the U.S. Patent and Trademark Office's implementation of the post-grant review features of the Leahy-Smith America Invents Act continue to be explicated in the Federal Circuit (and of course, the...more
4/15/2020
/ Adidas ,
Administrative Procedure Act ,
Appeals ,
Due Process ,
Motion to Amend ,
Nike ,
Notice and Comment ,
Obviousness ,
Patent Cancellation ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Reversal
It is often to a patentee plaintiff's strategic advantage to file suit in the district in which it resides, to obtain whatever "home court" advantage may attach to that venue. Myriad's choice of filing its post-Supreme Court...more