The U.S. Supreme Court has decided a closely watched case regarding patent law’s enablement requirement, Amgen Inc. v. Sanofi. The Supreme Court affirmed the Federal Circuit’s decision that Amgen’s patent claims were invalid,...more
5/24/2023
/ Amgen ,
Biotechnology ,
Enablement Inquiries ,
Life Sciences ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Sanofi ,
SCOTUS
In the long-awaited decision in United States v. Arthrex, Inc., the U.S. Supreme Court confirmed that the Patent Trial and Appeal Board is unconstitutionally structured, but held that the correct remedy is more limited than...more
6/22/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Corporate Counsel ,
Executive Branch ,
Executive Powers ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patents ,
Remand ,
SCOTUS ,
United States v Arthrex Inc ,
USPTO
Goodwin’s Appellate Litigation practice has argued before the U.S. Supreme Court, federal courts of appeals and state appellate courts, representing clients in matters ranging from First Amendment rights to governmental...more
11/13/2020
/ Appeals ,
Class Action ,
Coronavirus/COVID-19 ,
Deportation ,
Employee Retirement Income Security Act (ERISA) ,
First Amendment ,
Free Speech ,
Immigrants ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Judicial Appointments ,
Patent Trial and Appeal Board ,
Patents ,
Removal Proceedings
The United States Supreme Court yesterday narrowed the scope of judicial review of proceedings before the Patent Trial and Appeal Board (PTAB). In a 7-2 decision in Thryv, Inc. v. Click-to-Call Technologies, LP, the Court...more
4/21/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
Late in the day on December 16, 2019, three different petitions asked the full Federal Circuit to overturn a panel’s decision that members of the Patent Trial and Appeal Board (PTAB) were appointed in violation of the...more
On April 24, 2018, the Supreme Court preserved inter partes review (and similar procedures), but made a significant change in how it will be conducted. In Oil States Energy Services v. Greene’s Energy Group, the Court held...more
The Supreme Court has agreed to decide whether inter partes review, the procedure that allows a Patent and Trademark Office tribunal to invalidate patents, is unconstitutional. A decision agreeing with the constitutional...more
In a unanimous 8-0 decision, the Supreme Court ruled on May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC that for purposes of venue in patent-infringement litigation, a U.S. corporation “resides” only in the...more
The Supreme Court has agreed to hear argument in a case—TC Heartland LLC v. Kraft Food Brands Group LLC, No. 16-341—that may lead to significant restrictions on where patent infringement cases can be filed. The Federal...more
On November 21, the Federal Circuit held that the Patent Trial and Appeal Board (PTAB) has been applying too broad a view of its own jurisdiction in conducting “covered business method” (CBM) reviews of patents pursuant to...more
Yesterday, the U.S. Supreme Court decided an issue with widespread importance in the interpretation of patents: whether a district court’s factual findings in support of its construction of a patent claim term may be reviewed...more
Speed Read -
The Federal Circuit has granted an en banc rehearing in SCA Hygiene Products v. First Quality Baby Products to revisit whether and to what extent a patent owner’s unreasonable delay in filing an...more
The U.S. Supreme Court Friday agreed to revisit a longstanding precedent that bars patent owners from collecting royalties after their patents have expired, even if those post-expiration payments represent compensation for...more
The Supreme Court today agreed to decide an important question of inducement liability under the Patent Act: whether a defendant accused of inducing infringement may defend on the ground that it believed in good faith that...more
The Supreme Court yesterday issued its long-awaited decision in Alice Corporation v. CLS Bank International addressing the patent eligibility of computer-implemented inventions under 35 USC §101. The Court’s unanimous...more