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February 25, 2021
The Supreme Court PTAB Cases That Came Before Arthrex
When the U.S. Supreme Court hears arguments Monday over whether Patent Trial and Appeal Board judges are constitutionally appointed, it will be the sixth time the high court has scrutinized the tribunal. Here’s a look at which topics have grabbed the justices’ attention in the past and what they decided.
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July 02, 2019
Supreme Court IP Recap: Patents
The just-concluded U.S. Supreme Court term was quiet on the patent front, with only two decisions, but pending cases could put notable patent issues before the court in the coming months. Here's a look at the patent rulings from the last term and a preview of the next one.
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June 10, 2019
High Court Leaves Gov't With Few Patent Challenge Options
The federal government has limited options for challenging patents following Monday's U.S. Supreme Court decision barring it from seeking America Invents Act reviews, and it may face long odds of successfully using another procedure or getting Congress to undo the ruling, attorneys say.
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June 10, 2019
High Court Bars AIA Patent Challenges By Gov't
The U.S. Supreme Court ruled Monday that federal agencies cannot file America Invents Act review petitions seeking to invalidate patents, holding that Congress excluded the government from the system by writing in the law that only a "person" can mount such challenges.
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February 19, 2019
Justices Take Hard Look At AIA Challenges By Gov't Agencies
Both sides in a U.S. Supreme Court case over whether the government can file America Invents Act patent challenges faced tough questions Tuesday, as some justices questioned the fairness of barring federal agencies from the system and others worried the "deck is stacked" against patents the government targets.
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February 19, 2019
High Court Roundup: Cert. Denials; EFF To File Amicus Brief
The U.S. Supreme Court on Tuesday turned down appeals in several patent cases, including one by a Schlumberger Ltd. unit to revive its oil exploration patents that were at issue in another high court case over patent damages, while allowing the Electronic Frontier Foundation to file an amicus brief in a case asking if the government is a "person" that can challenge patents in America Invents Act reviews.
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February 15, 2019
Up Next At High Court: Ginsburg's Return Likely For IP Args
Two disputes involving patent challenges and trademark licenses are the only cases on the U.S. Supreme Court docket this holiday week, which is expected to feature Justice Ruth Bader Ginsburg's first return to the bench in over two months since she underwent cancer surgery.
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February 14, 2019
Patent Challenges By Gov't To Face High Court Scrutiny
The U.S. Supreme Court will hear arguments Tuesday in a case asking if the federal government is a "person" that can challenge patents in America Invents Act reviews, and the answer will shape the outcome of patent suits against the military and other agencies.
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January 17, 2019
Nonprofits Defend Gov't Use Of AIA Reviews At High Court
The Electronic Frontier Foundation and R Street Institute on Wednesday jumped into a U.S. Supreme Court case to defend the government's use of America Invents Act reviews, arguing the U.S. Postal Service was rightly viewed as a "person" when it challenged a patent at the Patent Trial and Appeal Board.
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January 01, 2019
Patent Cases To Watch In 2019
The courts are set to tackle key patent issues like the on-sale bar rule, standing to seek or appeal America Invents Act reviews and whether patents issued before the AIA was passed can be challenged under the law. Here's a roundup of patent cases to watch in the coming year.