Access practice tools, as well as industry leading news, customizable alerts, dockets, and primary content, including a comprehensive collection of case law, dockets, and regulations. Leverage...
Jan. 11 — The U.S. Supreme Court denied review Jan. 11 in 118 cases that were scheduled for discussion in its conference three days earlier, but three high-profile intellectual property issues were left to linger for at least a week.
Two of the cases were “relisted,” which means the justices considered the petitions but didn't act, rescheduling discussion for the next conference.
The patent-owner community is hoping the court will consider the way the America Invents Act of 2011 has been implemented by the Patent Trial and Appeal Board, as well as the Federal Circuit's deference to the PTAB's judgments, in Cuozzo Speed Techs., LLC v. Lee, No. 15-446 (U.S., review sought Oct. 6, 2015).
Copyright community stakeholders are anxious to see if the high court will change the law, as it did recently in the patent context, on when losing parties should pay the attorneys' fees of successful litigants, in Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375 (U.S., review sought Sept. 24, 2015).
Both of those cases were rescheduled for the court's Jan. 15 conference, with a decision likely the following week unless they are relisted again.
A case on athletes' right of publicity—their likenesses were used in a Madden NFL video game without permission—was listed on the court's docket as “rescheduled” without a follow-on date, in Elec. Arts Inc. v. Davis, No. 15-424 (U.S., review sought Oct. 5, 2015).
The only intellectual property issue on the court's agenda so far this term had been relisted.
Research cited in an Oct. 19 Bloomberg BNA U.S. Law Week blog post showed that relisted petitions have a higher chance of being granted, as only two cases granted in the Supreme Court’s 2014 term had not first been relisted.
To contact the reporter on this story: Tony Dutra in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Mike Wilczek in Washington at email@example.com
Cuozzo petition at http://src.bna.com/vi.
Kirtsaeng petition at http://src.bna.com/bX1.
Electronic Arts petition at http://src.bna.com/bX0.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)