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LATEST FROM THE SUPREME COURT We issue today’s special edition of Fresh from the Bench to summarize two important precedential decisions issued this morning by the Supreme Court. Both cases concern inter partes reviews, and both cases open the door…
Judge Gilstrap Singled Out in Congressional Hearing as Defying SCOTUS Yesterday, the House IP Subcommittee on the Courts, Intellectual Property and the Internet conducted a hearing entitled: The Impact of Bad Patents on American Businesses. During the…
Please revisit Don Chisum’s and Janice Mueller’s comments on Impression Products v. Lexmark, No. 151189 (S. Ct. May 30, 2017), in which the Court held that a seller of a patented printer cartridge had exhausted its patent rights, so that a…
Written by Jeffrey C. Wu, Ph.D. and Ben J. Everton The Supreme Court granted a petition for writ of certiorari to address whether inter partes review – an adversarial process used by the Patent Office to determine the validity of existing patents…
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. The Supreme Court’s ruling in Impression Products v. Lexmark will force patentees to get what ‎they can in their initial sale or licensing of patented products in both the U.S. and…
On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc.,[1] the U.S. Supreme Court held that patent exhaustion applies to sales made anywhere in the world, thereby extinguishing the patent owner’s rights under patent law once the…
Monday, in a unanimous opinion (Goresuch did not participate), the Supreme Court interpreted the patent venue statute (28 USC s. 1400(b)) to require that the phrase “where the defendant resides” be limited to the defendant’s state of…
Written by Nathanael Luman, Ph.D. and Kerry S. Taylor, Ph.D. The Supreme Court granted a petition for writ of certiorari to address whether the PTAB is required to issue a final written decision with respect to the patentability of every claim challenged…
In TC Heartland LLC v. Kraft Foods Group Brands LLC, [16–341] (May 22, 2017), the Supreme Court reversed the Federal Circuit and held that for purposes of the patent venue statute (28 U.S.C. 1400(b)), a corporation only resides where it is…
Written by Charlene A. Azema and Curtiss Dosier On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent,…
Written by Loni Morrow and Jonathan Hyman Edited by Catherine Holland On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes. The “ Fenty ” label has become popular, in part, due to the influence of music…
In SCA v. First Quality Baby Products , the Supreme Court ‎holds that laches should not be available as a defense in ‎patent cases, refusing to concur with the Circuit’s en banc ‎holding that the Patent Act’s 6-year limitation on…
