On Monday, the Supreme Court heard oral argument in Bilski v. Kappos in an effort to determine the proper test to be applied to determine whether a claim is patentable subject matter under § 101. The oral argument transcript is available from the Court's website here. Click below for our thoughts on the arguments and […]
Continue Reading →In an order today, the Supreme Court agreed to hear an appeal in Bilski v. Doll regarding the patentability of method claims. Back in October, the Federal Circuit decided In re Bilski, adopting the "machine-or-transformation" test as the exclusive test to determine whether a method is drawn to patentable subject matter. Bilski filed a petition […]
Continue Reading →The media and legal blogs have begun to weigh in on yesterday's decision in Quanta Computer, Inc. v. LG Electronics, Inc. , holding method claims can be exhausted by the sale of a product substantially embodying the claim. Click below for a sampling of the coverage from various sources. Media New York Times Wall Street […]
Continue Reading →The Supreme Court today decided Quanta Computer, Inc. v. LG Electronics, Inc., dealing with the doctrine of patent exhaustion (also called the first sale doctrine). In a nutshell, the Court made it more difficult for patent holders to maintain a claim for infringement down the distribution chain of a product. There were three main aspects […]
Continue Reading →The opinion of the Court in Quanta Computer, Inc. v. LG Electronics, Inc. is now available here. Thanks to SCOTUSBlog for making a copy of the decision available online. Update (10:45): The closing paragraph of the decision is a good, concise summary: The authorized sale of an article that substantially embodies a patent exhausts the […]
Continue Reading →This morning the Supreme Court decided Quanta v. LG, reversing the Federal Circuit's decision. We'll post a link to the decision (written by Justice Thomas) as soon as it's available.
Continue Reading →In an order yesterday, the Supreme Court asked the Solicitor General's office to file a brief providing the government's views on whether it should grant certiorari in Biomedical Patent Management Corp. v. California Department of Health Services (No. 07-956). We previously blogged about the Federal Circuit's decision in this post. The case deals with whether […]
Continue Reading →After the Supreme Court heard oral argument last week in Quanta Computer, Inc. v. LG Electronics, Inc. (No. 06-937), the media and blogosphere have begun to weigh in on the arguments. You can find our take on the arguments in this post, or click below for a sampling of the coverage from other sources. A […]
Continue Reading →On Wednesday, the Supreme Court heard oral argument in Quanta Computer, Inc. v. LG Electronics, Inc. (No. 06-937), a case regarding the scope of the concept of patent exhaustion, also known as the first sale doctrine. While the entirety of the arguments is worth a read (the transcript is available here), click below for our […]
Continue Reading →Tomorrow the Supreme Court will hear oral argument in Quanta Computer, Inc. v. LG Electronics, Inc. (No. 06-937). The case will determine whether patent owners who sell products embodying their patents conditionally are able to recover damages for patent infringement if the products are subsequently sold beyond the scope permitted by the original sale. The […]
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