Supreme Court Distinguishes Novelty, Obviousness In Weighing Medical Method Patent Eligibility

The U.S. Supreme Court heard oral arguments Dec. 7 on the patent eligibility of methods of medical diagnosis and treatment under 35 U.S.C. §101, but the debate turned early and often to the relative roles of Section 101 versus patentability issues of anticipation and obviousness under Sections 102 and 103…

Government Brief in Copyright Restoration Case Argues Statute Is Constitutional

A statute granting copyright protection to certain foreign works that were previously in the public domain does not exceed Congress’s power under the U.S. Constitution’s copyright clause…

Supreme Court Takes Two More Patent Cases for Term Beginning in October

Patent law will once again be featured in U.S. Supreme Court deliberations next fall, as the court June 27 added two more certiorari grants to the Mayo v. Prometheus review decision less than a week earlier…

Supreme Court Affirms Clear and Convincing Evidence Norm for Patent Validity Challenges

The U.S. Supreme Court rejected Microsoft Corp.’s challenge to Federal Circuit precedent and held unanimously June 9 that an alleged infringer must show by clear-and-convincing evidence that the patent it is accused of infringing is invalid (Microsoft Corp. v. i4i Limited Partnership, U.S., No. 10-290, 6/9/11).

BNA INSIGHTS: Courts, Congress, and Agencies Adjust IP Law to Meet the Domestic and Global Challenges of the New Decade

The patent community was in rapt anticipation throughout the first half of 2010, waiting for the U.S. Supreme Court’s Bilski decision…

Supreme Court Justices Fault First Sale Arguments for Lack of Support from Statutory Text

At a Nov. 8 argument before the U.S. Supreme Court in a case based on the importation of gray-market luxury goods, justices suggested that both parties were arguing for an interpretation of Copyright Act provisions that were not supported by the…

Supreme Court Agrees to Review Case on Individual Patent Rights under Bayh-Dole Act

The U.S. Supreme Court agreed Nov. 1 to hear a case testing whether, under the limitations of the Bayh-Dole Act, inventors may assign their individual rights in patents partially funded by the federal government ( Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems Inc., U.S., No. 09-1159, cert. granted 11/1/10 ).

The Solicitor General responded Sept. 28 to the high court’s request for the government’s views and…

Supreme Court Finds Federal Court Challenge to Ohio Tax Benefit Is Barred by Comity

The U.S. Supreme Court ruled June 1 that, under the comity doctrine, a federal lawsuit brought by retail natural gas suppliers that challenges Ohio’s natural gas taxation scheme as unconstitutional must…

Practitioners Disappointed by Supreme Court’s Rejection of Petition to Review Textron Ruling involving Work Product Protection

Attorneys concerned about the work product protection issues raised in the Textron Inc. v. United States ruling by the U.S. Court of Appeals for the First Circuit told BNA they are…

Supreme Court Justice Stevens, Author of a Number of Significant Tax Opinions, to Retire

U.S. Supreme Court Justice John Paul Stevens, author of a number of notable tax decisions during his 34-year tenure on the court, announced his retirement April 9…

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