April 2018

Cert Denied in Oil States Follow-On Cases

Until today, a host of patent cases have been pending before the Supreme Court -- hanging onto the coattails of Oil States. Following full affirmance of the IPR regime, the Supreme Court has now denied certiorari in those cases.  The one additional case that was ripe-for-certiorari in the most recent Conference is PNC Bank National Association  v. Secure Axcess, LLC, No. 17-350.  The court issued no order in that case -- suggesting that it may be up for further consideration.  In PNC, the substantive question is "whether . . . CBM review requires that the claims of the patent expressly include a 'financial activity element?'"

CBM Review Keeps its Narrow Scope: Narrowly Surviving En Banc Challenge

As far as I know, all of the Oil States follow-on cases denied today involved a patent whose claims had been cancelled by the PTAB.  In those cases, all appeals have now seemingly been exhausted.

Cases where Certiorari was Denied:  


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President Donald J. Trump Proclaims April 26, 2018, as World Intellectual Property Day

Statement by Donald J. Trump, April 26, 2018:

On World Intellectual Property Day, we not only celebrate invention and innovation, but also we recognize how integral intellectual property rights are to our Nation’s economic competitiveness. Intellectual property rights support the arts, sciences, and technology. They also create the framework for a competitive market that leads to higher wages and more jobs for everyone. The United States is committed to protecting the intellectual property rights of our companies and ensuring a level playing field in the world economy for our Nation’s creators, inventors, and entrepreneurs.

Our country will no longer turn a blind eye to the theft of American jobs, wealth, and intellectual property through the unfair and unscrupulous economic practices of some foreign actors. These practices are harmful not only to our Nation’s businesses and workers but to our national security as well. Intellectual property theft is estimated to cost our economy as much as $600 billion a year. To protect our economic and national security, I have directed Federal agencies to aggressively respond to the theft of American intellectual property. In combatting this intellectual property theft, and in enforcing fair and reciprocal trade policy, we will protect American jobs and promote global innovation.

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