SCOTUS Watch: SCOTUS Decides Against Wading into 101 Quagmire
On January 13, 2020, the U.S. Supreme Court denied petitions for writs of certiorari in four cases dealing with patent subject matter-eligibility: HP Inc. v. Berkheimer, Hikma Pharms., Inc. v. Vanda...
Fed Circuit Watch: No State Sovereign Immunity in IPR
Source: U.S. Patent No. 5,859,601, Jan. 12, 1999, to Jaekyun Moon & Barrett J. Brickner (inventors); Regents of the University of Minnesota (assignee) On June 14, 2019, the Court of Appeals for the...
Fed Circuit Watch: Party Lacks Both Sovereign Immunity and Patent-Eligible Treatment Claims
In one of the more fascinating legal analyses presented in recent memory, the Court of Appeals for the Federal Circuit handed down Univ. of Florida Res. Foundation, Inc. v. General Electric Co., on...
Fed Circuit Watch: No Sovereign Immunity in IPR
Sovereign immunity is the right of the government to not be sued absent waiver or consent. The federal government retains sovereign immunity rights. States, through the Eleventh Amendment, also...
Fed Circuit Watch: Every Limitation Required for Infringement-by-Manufacture
In FastShip, LLC v. United States, the patented Littoral Combat Ship (LCS) was allegedly infringed. This case is interesting, in part because the defendant was the U.S. Government, and it is a...
No Tribal Sovereign Immunity in IPR
On February 23, 2018, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office issued a decision denying the St. Regis Mohawk Tribe’s various motions to terminate several inter...
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